Truck driver to return to the road after Sam Landsberger’s death

The driver of the truck that killed respected sports journalist Sam Landsberger has had his licence suspension overturned by a court.

Truck driver James Latchford leaves Melbourne Magistrates’ Court. Picture: Nadir Kinani

The driver of the truck which killed respected sports journalist Sam Landsberger will return to the roads after a court overturned his licence suspension.

The Melbourne Magistrates’ Court on Tuesday heard Seaford truck driver James Latchford, 45, had a drink driving history and his refusal to provide a blood sample following the August 20 collision means police can’t rule out if he was under the influence of drugs.

Oral drug tests – which Mr Latchford cleared – only detect methamphetamine and cannabis and no other drugs.

The court heard that while in police custody, Mr Latchford refused to provide a blood sample after legal advice, providing police with the explanation: “I don’t like needles”.

Despite police opposition, Mr Latchford was found to have met “exceptional circumstances” warranting the return of his driver’s licence.

Herald Sun journalist Sam Landsberger. Picture: Supplied

Magistrate Belinda Franjic found police suspended his licence the day of the collision when no determination of fault had been made but a clearer picture has since emerged.

The court heard the truck driver – employed at Frankston Concrete Products in Dandenong South – was driving slowly and safely through the intersection of Bridge Rd and Church St.

“Mr Latchford does not present an unacceptable risk to road safety,” Ms Franjic found.

“It would be draconian to persist with the licence suspension when he was not considered to be driving badly the day of the incident.”

The court heard Mr Latchford had his licence cancelled a decade earlier for drunk driving.

In March 2004, he returned a blood alcohol reading of 0.129 – more than twice the legal limit – and his license was cancelled for 12 months.

However Ms Franjic found he has since maintained an “unblemished” driving record, relies on his license to work as a professional driver and would suffer financially if prevented from driving.

Tributes at the site where Sam Landsberger was killed. Picture: Jake Nowakowski

The decision to cancel Mr Latchford’s driver’s licence was opposed by police, who argued he was informed of the consequences of failing to provide a blood sample and chose to go ahead without one.

“The (oral drug tests) don’t analyse all potential substances and that’s why a blood test is necessary … to close the loop,” the police prosecutor said.

Mr Latchford will return to court on November 18 with the intention to contest the charge of refusing to provide a blood sample, which carries a mandatory two-year licence suspension if found guilty.

Mr Landsberger was a highly accomplished Herald Sun sports journalist who was on track to potentially take over as chief football writer.

His sudden and unexpected death sent shockwaves through the community which continues to feel the grief of his loss.

Originally published as Truck driver to return to the road after Sam Landsberger’s death