Harsh Law Overturned !

Serving New South Wales police have had a hard fought win to overturn a draconian drug test that resulted in an officers dismissal.  In 2015 a long serving sergeant had a test administered that relied on the result obtained from a single hair follicle.

The analysis returned a finding that the process picked up "low levels "  of both MDMA and methamthetamine.  The then Commissioner, Andrew Scipione  concluded that " on the basis of probabilities " the sergeant knowingly ingested drugs. He was dismissed from the police force.

Last week the full bench of the Industrial Relations Commission ordered that the sergeant be reinstated, but that does not seem to be the end of the matter.  It is possible the senior police management may challenge this unanimous finding of the IRC in the NSW Court off Appeal.

The fact that a police sergeant has had his career terminated by a test on a single strand of hair is of immense interest to the serving members of the NSW police force.  Recruits undergo extensive training at the police academy and policing has become a well paid but demanding career choice with equal standing with many other professions.

Police senior management has spent over $500,000 defending their dismissal decision, and this is despite leading forensic experts having grave doubts about the test outcome.  They claim there is no " evidence " that the residue found on the sergeants hair was " ingested " and it may have been caused by " external contamination ".

The sergeant in question had an unblemished career and was the recipient of medals for good conduct.   He became the first officer fired over the controversial hair follicle test and much of his work was performed in the area of controlling the drug trade.   As such, he would frequently be in situations where drug residue would be present.

The world of forensic evidence is fast expanding but there are misgivings that juries are being swayed by the contrived story exploitation used in popular crime shows.  There is a growing belief in the minds of the public that the expanding world of forensics is capable of producing results that defy logic.  In the hands of an eloquent lawyer, a forensic claim can be very convincing.

Now it seems that the senior ranks of the police force may be making a similar error.  Despite the contrary findings of forensic experts they have ignored the probability of error and have terminated a senior sergeant on what the IRC has now found to be " dubious grounds ".

It is obvious that testing on the base of a single strand of hair should be discontinued.   The men and women who serve in this state's police force deserve a better level of justice.