Caught on CDT - Options?

Discussion in 'Army Pay, Claims & JPA' started by TangoZeroAlpha, Sep 18, 2007.

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  1. OK firstly I'm here looking advice for a young JNCO (a relative) who was out on the town and had his drink spiked. His unit was then CDT'd sometime after and needless to say his test appeared positive.
    Now he is under suspension and looking at an admin discharge. He has had his sample re-tested privately and different results have come back!

    He was to have a hair sample taken and was ordered by his CO not to have a hair cut. Sample has still not been taken 2 months after the event.
    COs have now changed and the new CO has told the JNCO that he dosen't want him in his Bn. Seems he is fcuked.

    What chances has he got - he is a victim in this unhappy affair and has been assaulted by persons unknown. He may even have been targetted by someone he rifted!

    Any advice appreciated.

  2. In the extremely unlikey situation that his drink was spiked and he is not búllshitting you, tell him to contact a lawyer (a real one, not a barrack room one).

    One of the soldiers in my Bty claimed to have had a drink spiked in Osnabruck in 2001. His claim was noted in case a CDT team visited the barracks, and he was checked out by the med centre. As it happened no CDT visited for some months, and he was clear (it also helped that he was an excellent soldier with a clear record and a reputation for honesty (amazing that it is that there can be soldiers with such a rep)). Another lad tried claiming his drink had been spiked - problem was he only did this the day the CDT turned up at the front gate. Turns out the RMP knew him as they had seen him buying cocaine from a well known dealer, hence the CDT visit.
  3. TZA - he could go for a civvy lawyer, bearing in mind this could sting him financially quite heavily. Do you know if he reported this drink spiking incident at the time to his unit. If he didn't he may not have a leg to stand on in this one.
  4. IIRC the substance misuse package, states something to the effect that failure to report a suspected drinks spiking incident till CDT is too late.
  5. Why didn't he report it immediately?

    If he didn't report it immediately when he 1st had his drink spiked then I think he well not have a leg to stand on.

    Personally I find it best to neck my pint in one to lessen the chance of being spiked.

  6. Dread, cheers for the input - strangely enough I do believe the lad, I have seen a great change in him since he joined in 2004. He cut his teeth in Irag and from reports I heard it was a tough tour and he himself did well - he has a first class reputation and by all accounts is highly thought of as a JNCO.
    His mother rang me last night for advice and asked if she should get him a lawyer. I could only calm her down a bit and asked for time to do a bit of research - hence this post.
    If it is 'a given' that he will be discharged then what is the point and expence of a lawyer?
  7. also see here, not much help I admit
  8. As for reporting the spiking incident - I don't know he knew his drink was spiked at the time. And how would you know if you havn't experienced drug use before?
    I think he had just put the effects down to a very heavy session. He is a very worried young man at present.
    Whoever was with him at the time may have a few clues but obviously 'sharkwatch' failed on this occasion as well.
  9. If he is a good JNCO and this is his first offence the CO does have some latitude in dealing with the case. I suggest he does get some form of legal advice as soon as possilbe. There are a number of decent lawyers who deal in service law. A few are listed in the Soldier Magazine and come highly recommended.
  10. What drug did he get caught with? Cocaine? If so you gotta admit its pretty unlikely that someone would waste cocaine on someone they didn't know. Have you seen the new videos the contracted drugs awareness team show when you put some of these drugs in drinks? The reaction is spectacular! It sort of blows the old 'i was spiked last night!' thing out of the water. We are seeing one of these claims every few months. Amazing, always blokes spiked as well.

    Hey maybe this bloke is different, maybe he just screwed up one night and is doing his best to get out of it..
  11. How long after the alleged spiking did the CDT happen?
  12. Tell not to admit to anything, and above all do not sign anything. Then watch the CoC tie themselves in knots. Not pleasant I know, but if he is a good lad like you say, and it was inadvertent then its got to be worth it.
  13. If the second test was clear, then surely he should be in the clear? Isn't that the point of the second test, to ensure that the first test was correct.
  14. If the CDT was carried out over a week after the alleged spiking then he's more than likely talking bollox. Most recreational drugs like coke, heroin, ecstasy, LSD, Amphetamine are out of the system within 1-5 days.

    Cannabis will stay in the system longer, up to 30 days, even longer if used regularly.

    It is highly unlikely for someone to spike his drink with cannabis as it would be a difficult drug to introduce to a liquid and then be taken undetected.
  15. It does'nt sound like he is a victim to me.

    1. He should have reported the alledged spiking straight away (ask him what is taught on MATTS).

    2. The chances of the second sample having a different result are slim to none (they are identical samples, and the control measures carried out during the taking of samples are top notch).

    3. A third (sealed) sample is still available for evidence if needed.

    My advice would be to admit abuse and plead guilty, but it does sound like it is too late. If he is a LCpl he could have admitted drug abuse and then the CO could have applied for his retention and councelling etc. However, he has failed to admit guilt and he will most probably face a dishonourable discharge.

    He knows exactly what he is doing. I expect he is a very scared little puppy at the moment. Others I hope, will learn from his mistakes.

    At the end of the day, he is a relative of yours, all you can do is be there for him and help him choose a new job/career.

    This is of course, assumption and I could be way off the mark but I wouldnt hesitate if offered a 2:1 bet.