Driver receives fine for refusing test following journalist’s death
Details from a “tragic” crash where a sports journalist died have been aired in court as the driver of the truck he walked into pleaded guilty to refusing to do a blood test.
A doctor yelled at Herald Sun reporter Sam Landsberger to “stop” walking as a heavy truck was moving through a Richmond intersection on Aug. 20, 2024, a court was told on March 14.
He was on the phone when he walked into the wheels of the truck as it turned on a green arrow at the intersection of Bridge Road and Church Street, Melbourne Magistrates Court was told.
The truck driver, James Latchford, stopped to help Landsberger, who was seriously injured and died in hospital.
Latchford was interviewed by officers and had a breath test and an oral fluid one, with both returning negative results for drugs or alcohol.
But when police asked him to do a blood test at Richmond police station, Latchford refused and said: “I just don’t like needles mate.”
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“This is the first time that anything of this nature has ever happened to anybody,” Latchford’s defence lawyer Michael Pena-Rees told the court on March 14.
“It’s a very unusual and tragic event.”
Pena-Rees said his client, who on March 14 pleaded guilty to refusing to give a blood sample to police, was shocked over the tragic incident at the time he was asked to take the test.
“He’s refused to give a blood test in circumstances that are … difficult, tragic and impacted everyone that was involved that day,” he said.
“Yes it was a very tragic, serious matter, but Mr Latchford is not responsible. It is tragic and we all want someone to blame.”
Latchford, 46, has driven trucks for 14 years and his lawyer said the mandatory two-year licence suspension he was facing would impact him financially because he could no longer do his job.
He asked for Latchford to be fined rather than placed on a community corrections order.
But police prosecutor Senior Constable Keryn Bell said the fact Latchford refused to have the blood test, in circumstances where a pedestrian had been killed, made the matter more serious.
“This is the most serious example of a refuse charge,” she said.
“It’s not a run-of-the-mill, routine test where he refuses to give blood.”
Landsberger’s family watched on via video link as Latchford, who was told to come to the hearing in person, was sentenced by Magistrate Stephen Ballek.
“All the circumstances involved in this incident were more serious than a typical interception and consequent breath testing or blood testing situation,” the magistrate said.
“There was clearly an accident which had occurred which you did know at the time caused at least serious injury to a pedestrian.”
“On the other hand I take into account that your actions at the time were not to be criticised, no doubt you would’ve been in some shock at the time as to what had occurred.”
Ballek handed Latchford a $1500 (US$945.8) fine with conviction, which he said was higher than he would normally impose for such an offence due to the “serious context” around it.
He suspended Latchford’s drivers licence for six months longer than the mandatory period, for 30 months, because of a prior relevant traffic infringement notice in 2014 for drink driving.
