Passive smoking of cannabis not properly considered in discharge of member of Defence Forces.

Judicial review - discharge from defence forces - random drug testing - refusal by High Court (Hedigan J) to quash discharge - appeal - positive test for cannabis - defence that applicant had been in car when others smoked cannabis, but had not partaken himself - whether positive test could arise from passive smoking - injunctive relief granted - “Compulsory Random Drug Testing Administrative Instruction A7 Chapter 3” - par 304(a) - applicant denied opportunity to give evidence of his passive smoking - obligation under par 318 of regulations to consider defence - cut-off of 15ng/ml set to rule out effects of passive smoking - whether decision makers addressed right question - whether necessary to give applicant enough information to arm himself for the hearing of the disciplinary proceedings - constitutional right of access to the courts rendered "either pointless or so circumscribed as to be unacceptably ineffective" - lack of affidavit evidence from decision makers.