[420 Girl]

A Victorian man could receive up to $250,000 in an out-of-court settlement, after he was falsely labelled a drug user by police in a bungled roadside drug test three years ago. Ballarat courier John de Jong, 43, found himself in the full glare of the media as police trumpeted their new drug testing equipment on December 13, 2004 in west suburban Yarraville.

He was the fourth driver tested and it came up positive for cannabis and amphetamines use and it was caught by the media who police had invited to record the testing. Police claimed it was the world's first positive drug driving test. The alleged find was broadcast on four Melbourne television news services that evening and was beamed around the world.

Mr de Jong found his wife Kay and teenage daughters in tears when he arrived home, embarrassed by the reports.

An independent laboratory later tested the sample and cleared Mr de Jong. The police lab later confirmed the finding.

Mr de Jong brought a defamation case against Victoria Police, which was to have gone ahead in the Victorian Supreme Court within weeks.

But Victoria Police settled out of court and will give Mr De Jong a statement of regret, admitting mistakes and apologising for the hurt and embarrassment caused to him and his family, and a compensation payout.

Mr de Jong issued a statement today saying he and his family were glad the whole affair was over. ``We never wanted to be in the public spotlight, and we're glad that this episode will soon just be history,'' he said. ``A technical error caused embarrassment and distress not just for me, but for my wife and children. I look forward to receiving the statement of regret from Victoria Police.''

His lawyer Katalin Blond from Slater & Gordon told AAP the maximum payout was $250,000 but refused to say what Mr de Jong would receive. ``I'm not able to comment on the settlement but the maximum is around $250,000,'' Ms Blond said.

She said there were lessons to be learned from the case. ``It's an example where an innocent member of the public was paraded before assembled media and exposed to the international media glare only for it to turn out that the results were a technical error,'' she said. ``His employer and his family were all supportive of him.''

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