Drug test contradicts police
By Jamie Berry
December 22, 2004
The man identified as the first person in the world to have returned a positive drug-driving test said there was something "badly wrong" with the police test after independent testing contradicted official results.
Van driver John De Jong, 39, of Ballarat, tested positive for methamphetamines during an initial police test in Yarraville on December 13. He denied ever taking the substance.
A second, more sophisticated test conducted in a police drug bus detected marijuana. He told them he had used "some marijuana" four weeks earlier but police said he must have had it within the previous two hours.
But the results of the second test have been questioned after testing by an independent pathologist released yesterday showed there was no cannabis in Mr De Jong's system.
"I knew my test result would have to come back negative. I knew that; I've said that right through," Mr De Jong said last night. "I'm happy to know that my results are negative, but I need to hear that from the police as well. It's still not closed."
Mr De Jong's lawyer, Katalin Blond of Slater and Gordon, said that results received from Mayne Health yesterday produced a negative result for marijuana and that the drug-driving testing by police was "perhaps unreliable".
"They need to establish, beyond all reasonable doubt, that he's guilty . . . the court is put in a position where it's faced with two contradictory test results," she said.
"It would be almost impossible for them to be satisfied beyond all reasonable doubt."
Ms Blond also requested a check for methamphetamine but was told the second saliva sample was not large enough to test. Mr De Jong's lawyers were not given the first sample.
Mr De Jong's sample was sent to Mayne Health for independent testing last week and he received the results yesterday, "which is quicker than the police results", Ms Blond said.
"It's really huge for him," she said. "He's just been through the wringer and this just goes part of the way to confirming what he's said all along. Mr De Jong absolutely disputes the claims published over the past eight days and maintains that the testing procedure is flawed."
A Victoria Police spokeswoman would not comment on the independent testing of Mr De Jong's sample. "He will be notified in due course when the results are through of what the results were of the police tests," she said.
Mr De Jong said he was still considering suing for defamation after being widely identified as the world's first driver to return a positive roadside drug test.
"There's something badly wrong with their testing and before they can continue this program they've got to sort out the problems," he said.
"It's not right to do what they're doing to people, what they've done to me. I don't want to see anyone else go through this."
Police clear driver of drug use
December 22, 2004 - 11:54AM
A Melbourne man who initially tested positive to Australia's first roadside drug test has been cleared by police.
John De Jong, who drives a van and a small truck for a Melbourne company, protested his innocence after returning two positive tests for drugs at a random roadside test in Melbourne's inner west last week.
Police laboratory analysis of Mr De Jong's saliva sample today revealed the initial test results were wrong.
A police spokeswoman said Mr De Jong had tested negative to cannabis and he would not be charged.
Mr De Jong, a 39-year-old father of two, was devastated last week when his image was captured by waiting press photographers and cameramen called by police to witness the roadside test.
He said his family had been shocked when they saw him on the television news.
Police told him the tests, which detect THC - the active component in marijuana - and methamphetamine, or speed, in saliva, showed he had smoked marijuana two hours beforehand, he said.
Mr De Jong, who admits using marijuana two or three times a year, said he had not smoked the drug for a month.
His lawyers today said independent laboratory tests revealed he had not been driving under the influence of cannabis.
Assistant Commissioner for Traffic Bob Hastings defended the roadside testing process, saying it had undergone rigorous assessment.
"The evidence indicated that these devices supported what they were supposed to do and 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.
The drug bus, which was continuing to operate, was deterring motorists from driving while under the influence of drugs, he said.
Victoria Police's world-first roadside drug testing system is in tatters
Accused 'drug-driver' cleared
By Norrie Ross and wires
December 22, 2004
A DRIVER picked up under ground-breaking roadside drug testing in Melbourne last week is demanding an apology after police tests today confirmed his innocence.
Victoria Police's world-first roadside drug testing system is in tatters after the man identified as the first in the world to return a positive drug test at a roadside drug bus was cleared - first by an independent laboratory and now by police.
Van driver John De Jong protested his innocence from the moment he was paraded by police last week.
The Herald Sun, which first raised doubts about the accuracy of the roadside drug testing experiment, learned last night that a test described as "gold standard" failed to find any trace of drugs in Mr De Jong's saliva sample.
Today, Victoria Police told Mr De Jong their own tests had confirmed he was innocent.
The drug bus was trumpeted by the Bracks Government as a big step in the fight against drug driving.
Victoria Police have vowed to continue the program and are not offering Mr De Jong an apology for the stress his family has endured.
Mr De Jong said he was shocked the police were refusing to say sorry.
"They put me in front of the media from the word go, and said I had tested positive to amphetamines and cannabis," he 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 said 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.
Mr De Jong said he was considering legal action against police.
Mr De Jong's nightmare began when he volunteered to be tested by the new drug bus in a Yarraville street.
He was shocked when he first tested positive to amphetamines. A second test came up positive to cannabis and it is the second test that forms the basis of any charge.
Mr De Jong was warned that he would be charged if the third police lab test was positive.
"This has been a nightmare for me and my family," Mr De Jong said.
"My emotions have been all over the place. It's something I would not wish on anybody else."
Mr De Jong, who paid hundreds of dollars for the independent test, admitted he smoked cannabis a month before the police roadside check.
But said he would never drive under the influence of drugs.
Lawyer Katalin Blond, of Slater & Gordon, said Mr De Jong wanted his life to get back to normal.
"We really want (Victoria Police) to acknowledge that the system is flawed and certainly their way of handling it, in using him as the poster boy for it, was totally inappropriate," Ms Blond said.
Slater and Gordon was contacted by several laboratories after the publicity about Mr De Jong's case, she said.
"It seems to be accepted within drug testing circles that saliva testing is simply not reliable enough.
"They are inaccurate and show false positives."
Ms Blond said Mr De Jong was a normal bloke just going to work and he did not deserve to have gone through the ordeal.
"It is a giant stuff-up at his expense," she said.
"And because of this there is a risk the whole drug-testing system has been discredited. The police asked for the publicity and if they were going to do that, you would have thought that they would ensure the thing worked."
A spokeswoman for Police Minister Andre Haermeyer said police were taking a zero tolerance approach.
"Zero tolerance means that the test they are using is for an indication of drugs. And then it's taken off for laboratory testing."
She said the technology was tested by Swinburne University and passed all their standards.
From Herald Sun and wires
i think i heard that theyre not starting the trials again til march.
i heard on JJJ news that any positives from the trials will not lead to convictions.