SNIFFER DOG APPEAL UNDERWAY

A prosecution appeal is underway in the New South Wales Supreme Court
regarding the first successfully defended case involving a drug sniffer dog.

The Director of Public Prosecutions (DPP) says the magistrate was wrong to
dismiss charges against 21-year-old Glen Darby.

Glen Darby was found in possession of methylamphetamine and cannabis after
being sniffed by a police dog outside an Oxford Street nightclub in
February last year.

Deputy Magistrate Mary Jerram dismissed the charges against him after
finding the dog's actions constituted an illegal search.

The DPP is appealing that decision. Mr Darby's lawyers argued that the dog
touched him which constitutes an assault or trespass.

The case is continuing.