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Friday, 24 May, 2002, 13:45 GMT 14:45 UK

Liver claim halts drink drive case

A court case has been adjourned to allow a man accused of drink-driving to back up his claim that a liver disorder caused him to exceed the limit.

Douglas Harvey was found to be four times over the alcohol limit when he was stopped by police on the A9 between Perth and Inverness last November.

He denied the charge at Perth Sheriff Court on Friday and said he had only drunk a half pint of bitter and a pub measure of whisky, three hours before being tested.

Mr Harvey said carcinogenic chemicals had affected his liver so that it makes alcohol, which is released into his bloodstream.


" On the basis that it's based on medical evidence that it's possible there could be such a phenomenon, then I'll adjourn the case "

Sheriff Michael Fletcher

The ship's captain, from Ladybank Road, Dunshelt in Fife, will now undergo tests - including an operation - in an attempt to support his argument.

He is due back in court later this year.

His solicitor Lindy Gill said Mr Harvey had volunteered to have tests done even though it meant he would need to have surgery.

Sheriff Michael Fletcher said he was reluctant to let someone undergo surgery just to produce evidence for a drink driving trial.

"On the basis that it's based on medical evidence that it's possible there could be such a phenomenon, then I'll adjourn the case," the sheriff said.


Related to this story:
Drink drive ruling averts court chaos (08 Mar 02 | Scotland)


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