JUDGE FINDS FOR KAVA AS A DRUG

Court acknowledges the drink's spiritual and cultural significance -
but it's not a beverage.

Wellington District Court judge David Carruthers, who heard the case
of Porirua man Leameitonga Tupou this year, ruled yesterday that the
definition of drug included kava.

Mr Tupou was charged with driving a motor vehicle on January 27 under
the influence of a drug.

Judge Carruthers had dismissed the charge against Tupou, a printer's
assistant of Cannons Creek, because there were other factors that
could have affected his driving, including his tiredness, his medical
problems and lack of food.

He had worked with solvents that day and taken part in a kava ceremony
after prayer.

Tupou had pleaded not guilty to the charge.

Defence counsel Sue Earl asked the judge to rule if kava was a drug or
a beverage.

Judge Carruthers said a drug could be defined as a substance that had
medicinal qualities and affected control of the human body.

"Having regard to all the evidence I have read, and without in any way
wishing to be disrespectful to the spiritual, cultural and ceremonial
significance of kava and the way it is used, particularly by island
nations, I have no doubt that it does fall within the definition of a
drug for the purposes of this legislation."

The judgment follows a case in California, in which a district
attorney ruled that kava's effects on driving should be
investigated.

San Mateo county district attorney Jim Fox said this month that his
office was to prosecute its second case involving a man who police
said drove erratically after drinking tea made from kava.