Rockhampton Councillor Shane Latcham sentenced for driving without due care

A woman hit by a vehicle being driven by a Rockhampton councillor through a car park burst into tears while she testified about the traumatic accident, which he blames on her.

Division 1 Councillor Shane Latcham.

A pedestrian who was hit by a Rockhampton councillor while walking to work in a car park underneath a shopping centre two days before Christmas burst into tears while reliving the traumatic event in court.

Sharon Haberecht, 52, is “scared to walk through car parks” after she was hit by Division 1 Councillor Shane Latcham, 54, in the car park close to Kmart underneath Stockland Rockhampton Shopping Centre on December 23, 2023, she told the Rockhampton Magistrates Court.

Ms Haberecht took to the stand on Tuesday during a no case application brought before the court by Latcham, which was ultimately dismissed by Magistrate Philippa Beckinsale who found the Rockhampton councillor guilty of driving without due care and attention.

Latcham, who was self represented in court, had pleaded not guilty to the single fine at the start of the hearing.

Ms Haberecht, who worked at Pandora, said she had exited her car to go to work.

She said she walked through the car park, looked across the road both ways, walked across the road toward the pedestrian crossing and felt a bang.

“I crossed the road and got hit,” she said.

She said she looked “right then left then right again”.

“I always look before I crossed the road,” she said.

“I didn’t see anything.”

She said she was “very sore all down right side”.

“My arm was very sore,” she said.

“They took me to hospital in the ambulance.”

She said she had bad anxiety and saw a psychologist since the incident.

Senior Constable Madison Gibson, a witness in the case, told the court she responded to the incident about 12pm after the call came in for a traffic crash between a vehicle and pedestrian.

“When we arrived I (saw) a group of people gathering around a female on the ground near the Kmart entrance in the car park underneath,” she said.

“I got out and tended to the pedestrian that was on the ground.”

The court was played CCTV footage from Stockland Rockhampton Shopping Centre of the incident which showed, what appeared to be a white SUV, turn a corner and hit a woman, forcing her back onto the ground.

Body worn camera footage from Senior Constable Laura Tome was also played to the court.

Senior Constable Tome could be heard in the footage talking to Latcham, who said he “did not see her”.

Rebecca Scott, who also witnessed the incident, told the court Latcham said he did not see the pedestrian.

Ms Scott said she was near the taxi rank underneath Stockland Rockhampton Shopping Centre talking to one of her friends when she heard a bang.

“It was like a squeal,” she said.

“I turned around and I saw this lady get flung by a car.

“I saw she got hit in the back right side.

“The gentlemen who had been driving car had got out.

“He was worried about lady.”

Senior Constable Gibson said Latcham was issued with an infringement notice after taking witness statements and watching the footage.

Latcham took the matter to court rather than paying the $619 fine for driving without due care or driving without reasonable consideration for another person and losing three demerit points.

Latcham argued in court the CCTV footage showed the pedestrian had no regard for oncoming traffic.

“The pedestrian did not see my vehicle and caused the accident by not being observant,” he said.

“In normal circumstances this wouldn’t have happened if the pedestrian was watching where she was going.

“The CCTV shows her head facing to the left at all times as she crosses the intersection.”

Latchm argued that the pedestrian was camouflaged due to her black clothing, the darkness of the car park on an overcast day and the black front grill of a Ford Ranger that was behind her.

“I stated many times that I didn’t see her,” he said.

He said just prior he had stopped at the other pedestrian crossing for people.

“I was very aware there were pedestrians in the area,” Latcham said.

He argued he drove his vehicle at slow speed and that his indicator was on early.

Latcham said once he got over the pedestrian crossing and saw a free park that he indicated.

He argued the CCTV footage showed he did not cut the corner.

“There’s no lines on that turn right section,” Latcham said.

“I didn’t cut the corner, the pedestrian wasn’t three quarters of the way across… was about halfway.

“It is an unfortunate incident that I have to be here for but I do believe a reasonable driver would have probably encountered the same challenges I did.

“I drove through, indicated to turn right, didn’t see the pedestrian, who also has a right to have regard to oncoming traffic.

“I do believe if she was being observant than I do believe this wouldn’t have happened.

“I think it was totally preventable. It wasn’t deliberate. It really was unfortunate.”

He said his vehicle was not damaged in the incident.

Police prosecutor Clancy Fox said the CCTV footage showed Latcham did not stop and wait for the oncoming car.

Mr Fox said while Latcham did indicate, it was not clear from the CCTV footage whether he indicated earlier.

“But even if he had indicated earlier, he initiated that turn and struck the victim when she was beyond halfway,” he said.

“He had to turn in front of the path of an oncoming vehicle and ultimately he failed to keep a proper lookout for all potential hazards.

“It is necessary to wait a little bit longer, it is necessary to go a little bit slower.

“It is easy to give in to the temptation to zip ahead when one sees an open park so close to the general entrance of the shopping centre.

“She was literally walking in the middle of the road.

“It is necessary when there are multiple hazards and multiple distractions to wait, to drive slower, one must always drive to conditions.”

Ms Beckinsale said the onus was on the driver to look out for all the hazards that might be in the car park.

“In my view a reasonably prudent driver exercising caution that was necessary in that circumstance that is a busy shopping car park ought to have seen a pedestrian and in my view that constitutes careless driving,” she said.

Latcham said he was an elected representative for Rockhampton Regional Council and was heavily involved in the community, including organisations like Crime Stoppers and Neighbourhood Watch.

He said he respected Ms Beckinsale’s ruling.

“Through this process I had to see why and how this happened,” he said.

“Obviously, there will be backlash in the community.

“I am held in a higher standard than most and this won’t reflect well on my community standing.”

Ms Beckinsale said Latcham had made a “mistake” and found that he was sorry and remorseful.

“You are genuinely a person who does good,” she said.

Ms Beckinsale fined Latcham $500 and ordered that he pay $1500 compensation to Ms Haberecht.

No conviction was recorded, nor was his licence disqualified.

Latcham was approached for comment by The Morning Bulletin but did not want to comment.