BROTHERS CHALLENGE DRUGS SANCTIONS

Two brothers aged 12 and 15 have applied to the High Court for an
order revoking their sus pension and expulsion respectively from their
school over an incident last month in which another pupil, a teenage
girl, was allegedly supplied with cannabis and came home at 1 a.m.
either intoxicated or under the influence of drugs.

Mr Justice O'Sullivan heard the older boy had been suspended before
after he admitted providing cannabis for a joint which was shared
among 10 other pupils in an incident last September. It was also
alleged the younger boy had smoked cannabis and he, too, was
suspended, but for a shorter period.

Following that incident, the older boy gave a written undertaking to
the school that he would not be involved in drug use.

Both boys have denied involvement in last month's incident and claim
fair procedures were not followed by the school in investigating the
incident and acting against them. The school claims it was entitled to
act as it did.

The disciplinary action against the two boys arose after the teenage
girl's mother complained to gardai when her daughter came home in an
intoxicated state or under the influence of drugs early last February
4th.

The court was told the girl at first alleged she got cannabis from the
15-year-old but later said she got it from the 12-yearold after
approaching him on the school football pitch. It was also said she had
borrowed pounds 60 to buy cannabis but later admitted stealing it. The
school board of management subsequently decided unanimously in favour
of the expulsion and suspension.

The brothers are seeking an interim injunction restraining their
suspension and expulsion pending the outcome of proceedings taken by
them against the school. Mr Justice O'Sullivan will give his decision
today.

Yesterday Mr Paul Walshe SC, for the brothers, said they were alleging
there was insufficient evidence before the board to justify its
decision to suspend the younger boy for two months and expel his older
brother. After the girl had alleged she received cannabis from the
older boy, gardai called to the brothers' home and were satisfied
after talking to the older boy that he had not supplied the drug; he
had been out of school for the three days previously.

The girl then "changed her story" and said she got the cannabis from
the younger brother. He said she approached him and they may have
drifted apart from other pupils for a time but denied that he gave her
cannabis. He was "pestered" by the girl to such an extent he had
changed the number on his mobile phone.

The board's decision was based on a flawed summary of evidence given
by the school headmaster, he said. There should have been a written
note of the headmaster's investigation which should have been given to
the brothers before any action taken against them. They should also
have been given an opportunity to confront their accuser.

Mr Tom Mallon for the school said it had indicated when taking the
decision to expel and suspend the brothers that it would help find
another school for them, and that was still the position.

He said the school took a serious view of the matter. It believed that
in the February incident the older boy had located cannabis which was
then brought to school by his younger brother and taken by pupils.

Mr Mallon said he accepted the brothers had denied involvement in
anything other than the Sept ember incident. He said the headmaster
had interviewed all pupils named by the girl as present at the
February incident and he was the appropriate person to investigate the
matter.

While it might have been preferable if there was a written note of the
interviews with the pupils, there was no obligation on a school to
provide the same type of rights as in a court. The boy's parents had
had their say to the board before the disciplinary measures were taken.