Pubdate: Wed, 22 Dec 2004
Source: Sydney Morning Herald (Australia)
Copyright: 2004 The Sydney Morning Herald
Contact:  http://www.smh.com.au/
Details: http://www.mapinc.org/media/441
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

ANOTHER CLEARED IN DRUG-TESTING FIASCO

Victoria's world first roadside drug-testing system was in a shambles
after police revealed two of the first three drivers to test positive
had been cleared after laboratory analysis of their samples.

Victoria Police released the results of the laboratory tests following
demands for an apology and threats of legal action from van driver
John De Jong, who tested positive for drugs at a highly-publicised
launch of the system last week.

Private tests supported Mr De Jong's claims of innocence and
subsequent police laboratory tests confirmed he was drug-free.

In a short statement, Victoria Police admitted that only one of the
first three laboratory tests conducted had tested positive for drugs.

Laboratory testing is the final step towards conclusive evidence for
prosecution under the drug driving laws.

In the first nine days of testing, 283 drivers had provided saliva
samples with only three indicating a positive result.

Those three were duly sent for further testing.

But the growing controversy over the accuracy of the tests has failed
to convince Premier Steve Bracks to suspend them.

With NSW and Tasmania also planning to introduce roadside drug testing
in coming months, the Victorian experience is being watched closely by
other states.

Mr De Jong, of Ballarat, tested positive to amphetamines and cannabis
when he was pulled over in his work van on December 13.

The 39-year-old father of two was devastated when his image was
captured by waiting press photographers and cameramen assembled by
police to witness the first tests.

Mr De Jong maintained his innocence and said he had last smoked
cannabis four weeks before he was tested.

He had his blood sample tested at an independent laboratory, with the
results showing no traces of drugs.

Victoria Police vowed to continue the program and are not offering Mr
De Jong an apology for the stress his family has endured.

"They put me in front of the media from the word go, and said I had
tested positive to amphetamines and cannabis," Mr De Jong said.

"Their tests and my tests show that not to be true and they are not
even willing to apologise - I just think that is wrong."

Mr De Jong's wife Kay said the family had been aware of people in
Ballarat talking about them, and her husband deserved an apology.

Their 13-year-old daughter Belinda broke down as she told of the
pressure on the family.

"We are very relieved that all this has come out now, that everyone
should know now that my dad is an innocent person," Belinda said.

"It has been very hard on us all."

Victoria Police Assistant Commissioner for traffic Bob Hastings
defended the roadside testing process, saying it had undergone
rigorous assessment.

The drug bus, which was continuing to operate, was deterring motorists
from driving while under the influence of drugs, he said.

"A decision was made to pilot this over 12 months and we acknowledge
there will be fine tuning in the way we do it on the side of the
road," he said.

Mr Hastings said there was no need for police to apologise because
they had complied with the law all along.

Mr Bracks said he had confidence in the police drug tests and rejected
suggestions that they should be suspended.

He said the controversy over the roadside drug testing was no
different to the poor initial public reaction to compulsory seat belts
and alcohol breath tests.

"We have a fail-safe system which means before charges are laid there
will be a conclusive laboratory test that is undertaken," he said.

"That is a good system, and that will ensure that people's rights are
protected as well as people on the road, their rights are protected to
safety and security and to reduce the number of deaths on our roads."

Opposition police spokesman Kim Wells said the early test results had
been a fiasco and the scheme should be suspended.

"This is simply not working and it needs to be reviewed and retested
because Victorians simply will not have confidence in drug testing
because of today's revelations," he said.
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MAP posted-by: Derek