Published Friday, 16 May 2014
At Derry Magistrates' Court, solicitor Derwin Harvey told District Judge Peter King that Dr Eireann Kerr, 31, whose address was given as Marlborough Park South in Belfast, believed her drink had been spiked before she allegedly committed the offences.
Dr Kerr denies assaulting a female and a male police officer outside the city's Strand Road Police Station following a medical staff Christmas party on 13 December last year.
She also denies resisting a female police officer and committing disorderly behaviour on the same night.
The case was due to have gone on trial on 2 June, but when it was mentioned in court on Friday, Mr Harvey informed the District Judge of the results of toxicology tests carried out on the defendant.
He said Dr Kerr was a woman of good character and that toxicology tests, the results of which he obtained on Tuesday of this week, showed the presence of a so-called date rape drug in her bloodstream, known as GHB.
Mr Harvey said the conclusions of the toxicology report, which he handed in to the court, showed that the defendant's behaviour on the date in question would have been a side effect of having GHB in her bloodstream after the drug had been administered to her.
"The defendant had absolutely no knowledge whatsoever that this drug was in her person," he said.
"The case is listed for trial on 2 June but from the defence's perspective the contents of this toxicology report change everything.
"I do not want the matter to proceed as a contest on 2 June until the prosecution are given time to consider this report," he continued.
"A lot of the defence witnesses are scientific and the conclusions in this report are not opinions but are scientific evidence."
The District Judge said while the drug GHB could be administered secretly, it was also a recreational drug, however he said it was quite clear there had been a development and he said the case required a degree of urgency.
He adjourned the matter for an update on 29 May.
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