Australia's roadside drug tests off to shaky start

MELBOURNE - Victoria's world-first roadside drug-testing system was in a shambles last night 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 De Jong's claims of innocence and subsequent police laboratory tests confirmed he was drug-free.

In a short statement issued yesterday, 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 New South Wales and Tasmania planning to introduce roadside drug testing, Victoria's experience is being watched closely by other states.

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.

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

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

Victoria police vowed to continue the programme and are not offering De Jong an apology.

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

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," she 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."

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

Bracks said he had confidence in the police drug tests and rejected suggestions that they 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's [safety and security] on the road ... "

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."

- AAP