MAGISTRATE ATTACKS DRUG TESTING DELAYS

A MAGISTRATE has criticised what he claims is an unacceptable 10 week delay
in the testing of drug samples required for criminal court proceedings.

The drug analysis tests can be carried out in three days.

Newcastle Local Court Magistrate Mick Morahan has criticised the delay at
the Division of Analytical Laboratories at Lidcombe, suggesting that NSW
Director of Public Prosecutions Nicholas Cowdrey be made aware of the
problem.

"It may be possible he could apply some pressure so something could be done
about this situation," Mr Morahan said.

"Last year when there was an eight week delay they were blaming the Sydney
water problem.

"Now we are told the delay is an unacceptable 10 weeks."

Mr Morahan made his comments after being informed by a DPP solicitor that
drug analysis required for a court case to proceed would take around 10
weeks.

The Magistrate expressed concern that this problem was contributing to long
delays within the court system.

Solicitors believe the situation could lead to a person being wrongly held
in custody over a lengthy period if the sample turned out to be a
non-illegal substance.

The Daily Telegraph has learned the delay has also been impacting on
homicide investigations with the results of toxicology tests taking up to
nine weeks.

"These tests can be vital in determining if a person was murdered or died
some other way," a senior murder squad detective said.

"Critical investigation time can be lost if we have to wait more than two
months for these tests to come back."

A senior manager at the Lidcombe laboratory left his position last week and
new work practices are now being implemented.

Professor Cres Eastman, chief executive of the Institute of Clinical
Pathology and Medical Research which incorporates the laboratory, agreed
that a nine to 10 week delay was unacceptable.

He confirmed talks had been held with the coroners office, who had expressed
dissatisfaction with the current situation.

"I acknowledge there have been some problems and some delays," Professor
Eastman said.

"There has been discussions with the coroners office about it and it is a
fact that forensic toxicology has been now cut from an unacceptable nine
weeks to four weeks.

"While this is an improvement I regard it as still inadequate and we are
implementing reforms now to get the wait down to between 10 and 14 days.

"I anticipate this target will be reached in this calendar year."

Professor Eastman said when the laboratory was told a person was in custody
then the sample was treated as an urgent case.