IT will be next month at least before five people charged with drink and/or dangerous driving will know if their cases are to proceed. Judge Desmond Zaidan has reserved his judgement in the cases before Dungloe District Court which are at the centre of dispute over the functioning of the Intoxilyzer machine in Glenties Garda station.

A recent sitting of the court heard lengthy evidence from Mr David Reynolds of the Medical Bureau of Road Safety who accompanied Mr Cuffe, the engineer appointed by the defence to examine the Intoxilyzer machine in Glenties.

Mr Reynolds, the Programme Manager for Evidential Breath Testing with the Medical Bureau of Road Safety, stated that he does not accept the argument presented by the defence, Mr Peter Nolan (BL), that the machine was not working correctly. He has also called into question the procedures used by Mr Cuffe in his testing of the machine.

The court heard that on September 6 last year, Mr Cuffe, in the presence of Mr Reynolds, carried out a number of tests on the Intoxilyzer machine in Glenties.

Mr Reynolds explained there were three categories of tests carried out which involved a glass of whiskey being placed various distances from the machine to see if the machine would suck in vapours from the whiskey as it performed an operation to expel the previous sample from its analytical chamber.

The court heard that the room in which the Intoxilyzer is located is approximately seven foot by seven foot. The defence, however, claim that the room was not well enough ventilated, meaning that the fumes from other persons tested could affect the result of the next person tested. Mr Reynolds maintained, however, that if this was the case the machine would automatically abort the process and record a fail in the ambient air in the room at the time. He stated also that "on foot of all tests carried out by the Bureau" he was "satisfied this machine was working correctly".

The defence also claim that the machine was, at one point, removed from Glenties Garda Station and allege that a gas cylinder attached to the machine was not connected properly.

Judge Zaidan concluded that he would reserve judgement in the case and adjourned July 10. On this date he is due to hear submissions on the three main issues being sought by the defence. He stated: "I am of the view that I will give my decision on that date."

The defendants have been excused from attending, as Judge Zaidan explained that he could give his decision in their absence.

Judge Zaidan has also been pointed in the direction of two Supreme Court decisions which relate to a similar situation with an Intoxilyzer machine.