The driver of the truck that killed AFL journalist Sam Landsberger wants to get back behind the wheel, despite being suspended for two years following the fatal crash.
Herald Sun journalist Landsberger, 35, died after the crash last month in Richmond, Melbourne, when he was rushed to the Alfred Hospital but could not be revived.
Truck driver James Alexanda Latchford, 45, of Seaford, in Melbourne’s south-east, was given a mandatory two-year driving ban after he allegedly refused to give police a blood sample following the crash.
In Victoria, drivers who refuse to comply with a request for a blood sample automatically receive a two-year suspension, regardless of whether there is anything illegal in their system or not.
Latchford was charged after his refusal, but is now seeking to overturn the ban and appeared in Melbourne Magistrates Court on Monday to challenge it.
But Latchford’s attempt to get back on the road was criticised by Pedestrian Council of Australia spokesman Harold Scruby.
“Forget two years off the road, it should be two years in prison,” he said. “I argue that it is nowhere near enough. If this were Norway, you would be put in jail.”
“There needs to be a mechanism that doesn’t just take away their license.”
James Latchford was at the wheel of the truck that killed Sam Landsberger. He appeared in Melbourne Magistrates Court on Monday
Latchford was driving this truck when he struck and killed AFL journalist Sam Landsberger.
Landsberger, 35, (pictured) is believed to have been walking to work when tragedy struck on the outskirts of Melbourne’s CBD.
Latchford, sporting a mullet, declined to comment outside court.
Emergency services were called to the scene of the accident after reports of a collision involving a lorry and a pedestrian at the intersection of Bridge Rd and Church St at approximately 10.20am.
Landsberger was crossing the street at the time and was talking on the phone with his mother when he was hit by the truck.
Latchford stopped at the scene and spoke to police about the circumstances of the collision.
Latchford was uninjured and released by police at the time pending further investigation.
Victoria Police later confirmed that roadside drug and alcohol tests he took at the time came back negative.
But when officers asked him for a blood sample, he allegedly refused to do so.
Latchford was charged by summons and served with a driving ban notice.
On Monday, his lawyer Michael Pena-Rees told court recorder Stephanie Keogh-Barnes that his client intended to appear in court for a sentencing indication.
“Ultimately, the charge that is before the court, which is refusing a blood test, has a mandatory two-year period if he is found guilty of that offence,” Pena-Rees said.
‘The law provides for the possibility of appealing the immediate suspension issued by the police. That is not what was expected to be applied today.’
The court heard Latchford was keen to have the immediate suspension overturned so he could get back on the road.
“A sentencing indication will not allow Mr Latchford to appeal the notice provided by the police,” Pena-Rees said.
“That puts me and Mr Latchford in a quandary as the sentencing direction is not the correct application to make today.”
James Latchford leaves court on Monday with his lawyer
James Latchford is chased by journalists on Monday through William Street
Landsberger was also a regular on Fox Footy’s Midweek Tackle programme.
The court heard that Latchford’s lawyers hoped to speak with the officer who issued the suspension and prosecutors about how to move forward with the appeal.
“It is unfortunate, Your Honor, that there is no sentencing indication as such today,” Mr Peña-Rees said.
The matter was adjourned until 15 October to allow Latchford’s lawyer to prepare his appeal.
Landsberger had worked at NewsCorp for the past 14 years and was thought to eventually become the paper’s chief AFL writer as well, as well as being a regular contributor to Fox Footy, offering his deep insights into the game.
The journalist’s father, Dr. Jake Landsberger, said his son was talking to his mother Anne on the phone when he was hit by the truck.
“Anne was on the phone to Sam when it happened, she heard the bang, she heard the commotion and we were really worried that she had actually distracted him,” Jake told the Herald Sun.
‘Anne was talking to him as she crossed the road to meet (her friend and former Herald Sun colleague) Nick Smart.
‘The next thing I knew there was a commotion, a stranger picked up the phone and said, ‘Who am I speaking to?’. Anne said, ‘I’m Sam’s mum, who are you?’.
‘And he said, “I’m sorry to say, but your son has just been hit by a vehicle… he’s lying on the ground.” The man initially engaged Sam in conversation until he lost consciousness.
Sam Landsberger was farewelled on August 26 by friends, colleagues and family.
Landsberger’s parents, Anne and Jake, talk about their son during the service.
The award-winning reporter (pictured with journalist Lauren Wood) has been mourned by fellow journalists and some of the biggest names in Australian sport.
Jake revealed that the stranger sent the family a message via WhatsApp on Wednesday.
‘He texted us and said, “I told Sam I was on the phone with his mom and that he could rest easy knowing he was communicating with you through me.”
Reflecting on the outpouring of love for his son, Jake said: “I can’t put into words the comfort, joy and pride we feel about this.
‘By the time we both took two sleeping pills to go to bed at around 9pm on Tuesday, I had personally received over 250 messages and Anne probably the same.
‘The tributes, watching AFL360, seeing that The Tackle had been postponed, the stories all over the media…
‘I said to Anne as we sat at our table crying our eyes out, I wish I could go back to the morgue at the coroner’s court, just wake Sam up briefly and say, “Sam, look how much they loved you, look how much they admired you.”
‘Because he had no idea. He didn’t realize it. I told him many times that this was his dream job. I told him that he had achieved his dream and he would look at me and say, “Yeah, thanks, Dad.” He was very self-critical.
“The extent of what we saw left us speechless.”
Jake, a long-time club doctor for the Western Bulldogs, said his son’s terrible death has devastated the family.
“This is a nightmare for all of us,” she said. “We loved him so much.”
“I remember telling patients, and we are experiencing this now, I remember telling them that a parent should never bury one of their children. And that is what is happening to us now.
‘Anne’s mother passed away in New Zealand two or three months ago, she was 94. Not at this age (Sam was 35). It’s indescribable.
‘We constantly look at each other and think, ‘Look what we’ve lost and what he’s lost in the future.’