A man who was convicted of driving while under the influence of cannabis has had his conviction quashed.

Thomas Ambrose McCartney admitted the offence in December after a blood test produced a result of seven micrograms of THC.

However, his conviction was quashed on appeal with prosecutor Roger Kane withdrawing the charge on behalf of the Attorney General.

On September 23, 2019, Police saw Mr McCartney going through a stop sign, he later stopped his car at 12.20am on Rosemount and got out. A smell of cannabis was said to be coming from the car and his pupils were dilated, officers also found a tin with a ‘trace’ of cannabis in the car.

At police headquarters he passed a breathalyser test but blood was taken and a subsequent toxicology report showed the result of seven micrograms. There is no legal limit in the island but the UK legal limit is two micrograms, which can be used for guidance.

However, Dr Asif Rashid, the police doctor who examined Mr McCartney said he was fit to be released. The custody sergeant recorded that Dr Rashid informed him just before 2am that he was ‘content he is not unfit to drive’. Mr McCartney was released from police custody at 2.05am and given the keys to his car.

Following a guilty plea, he was banned from driving for 18 months, fined £1,000 plus costs and ordered to take the extended driving test.

In the appeal, High Bailiff Jayne Hughes heard that when Mr McCartney appeared in court for pleas on December 3, there was no statement or report from Dr Rashid who had conducted the blood test.

Dr Rashid’s report had been added to the police system at 3.22am on December 3, but the prosecutor was not given the report.

Mr McCartney, who lives in Rosemount, Douglas, then made an access request to the police and was provided with a copy of his custody record and the charge sheet from December 3.

His advocate Paul Rodgers was later informed by the director of prosecutions that the appeal would not be opposed by the Attorney General.

Mrs Hughes described the report from Dr Rashid as ‘very brief’ and that ‘it does not set out what, if any, tests he conducted to establish whether or not the applicant’s ability to drive was impaired’.

Mr Kane admitted in court that had Dr Rashid’s report been available to the court, the charge would had been withdrawn and admitted it ‘trumps’ any other evidence to say that Mr McCartney was not in a fit state to drive.

As a result of this appeal, Mr McCartney’s fine and driving ban are quashed and he is free to reapply for his driving licence. Any fines already paid by Mr McCartney must also be repaid to him and the matter removed from his record.