A man charged with driving under the influence of drugs after drinking kava has had his case dismissed.
The three-day trial in the Wellington District Court was the first of its kind in New Zealand and involved testimony from experts over whether kava was a drug and whether it could affect a person to the point where he or she was unable to drive.
Leameitonga Tupou, aged 50, of Porirua,was charged with driving under the influence of a drug after police stopped him on January 27.
He had drunk six quarter-full coconut half-shells of kava at a meeting. He passed a breath test.
Judge David Carruthers said other factors could have contributed to Tupou's erratic driving.
The prosecution needed to prove kava was a drug in terms of the Land Transport Act, and that as a result of Tupou drinking kava, he could not control his vehicle, said the judge.
"He's entitled to the benefit of the doubt and the charge must be dismissed against him."
Defence lawyer Sue Earl had said that Tupou's erratic driving might have been caused by tiredness and because he was suffering from gout.
Slurred speech, reported by the arresting officer and the doctor, might just have been their inability to understand his Tongan accent.
- NZPA
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