Testing kit ruling victory for police

By JASON COLLIE transport reporter

Police won a second victory yesterday over the labelling of blood-alcohol testing kits, but they still want a definitive judicial ruling.

Judge John Clapham dismissed drink-driving case specialist Zahir Mohamed's claim that the reference on the label to approval by the Minister of Research, Science and Technology was at odds with the definition of Science Minister, as set down in the Land Transport Act 1998.

The sticker also refers to the Transport Act 1962, which the judge said would have no effect on the kit.

Mr Mohamed controversially won agreement on the labelling from Judge Jeremy Doogue this year, but Judge Clapham yesterday threw it out in a case in the Otahuhu District Court.

He said: "The Science Minister and the Minister of Science in my view are one and the same or the definitions are so similar that the person in authority in charge of the Ministry of Research, Science and Technology is adequately identified by the description and is not such that any flaw that may be apparent is fatal to the definition and thus to the prosecution."

That delighted the country's top traffic officer, Superintendent Steve Fitzgerald, who will still push for a High Court ruling.

He said police were seeking leave to appeal against Judge Doogue's decision through the Solicitor-General.

This was the police's second victory on the point, following another decision in the North Shore District Court.

"Judge Clapham's views are entirely consistent with ours," Mr Fitzgerald said. "But because the issue has been raised we need to seek leave to appeal to the High Court ... We need some clear guidance."

Mr Mohamed did not want to comment on the decision last night because he still had his client's sentencing before Judge Clapham.