Drink-drive policeman diluted urine sample to try to cheat justice

Published on Thursday 13 August 2009 22:09

A POLICE officer who diluted his urine sample after he was arrested for suspected drink driving is facing the sack.

Sergeant Ewan McHardy was stopped when police saw him "driving erratically" and weaving all over an Elgin road in March 2005, a court has heard.

When he was breathalysed, officers noticed two cans of lager and a kebab on the passenger seat and smelled alcohol on his breath.

McHardy, 41, was initially three times the legal limit and was taken to Elgin police station, but claimed he was unable to give two further breath tests because he had a cold.

When a doctor came to take blood, the officer said he was scared of needles and was asked to provide a urine sample.

The sample was separated into two parts and put into sealed containers. One was given to McHardy and the other sent to the public analysis laboratory in Aberdeen.

Detectives were told he sent his own sample to the forensic medicine department at Glasgow University later that week. However, he was later questioned when huge "discrepancies" were found.

The reading from the Aberdeen lab sample was 118mg, just over the legal limit of 107mg in 100ml of urine; however, the Glasgow reading was 49mg.

During a three-day trial, Elgin Sheriff Court heard evidence from Grampian Police Constable Nicholas Clark, who stopped McHardy in his car shortly before midnight.

He told the court how he and his colleague pulled McHardy over. He said: "

I explained he was seen on CCTV and seemed to be driving under the influence of drink or drugs and we would need a breath specimen.

"He said he was Ewan McHardy from Grampian Police and this wouldn't be necessary. We smelled an alcoholic drink on him."

The court heard a second test on both samples found McHardy's sample had been diluted. McHardy was charged with attempting to pervert the course of justice but told detectives it was "absolute nonsense".

However, Sheriff Ian Abercrombie yesterday said he was satisfied beyond reasonable doubt that McHardy, of Aberdeen, was guilty. Sentence was deferred.

Superintendent Iain McGrory, head of the Professional Standards Department at Grampian Police, said yesterday:

"Grampian Police and the public expect the highest standards of conduct from our staff and this officer has fallen far short of the standards we demand.

"I will be submitting a report on the circumstances to the Deputy Chief Constable."