Bombshell twist over Melbourne truckie who killed footy journalist Sam Landsberger – as he tries to get back behind the wheel

The truck driver who killed AFL journalist Sam Landsberger is keen to get back behind the wheel despite a two-year driving ban following the fatal crash.

Landsberger, 35, a journalist for the Herald Sun, died after the accident last month in Richmond, Melbourne. He was rushed to Alfred Hospital but could not be resuscitated.

Truck driver James Alexanda Latchford, 45, from Seaford in Melbourne’s south-east, was given a mandatory two-year driving ban after allegedly refusing to provide a blood sample to police following the crash.

In Victoria, drivers who refuse to provide a blood sample will automatically be banned from driving for two years, regardless of whether or not they have anything illegal in their system.

Latchford was sued after his refusal, but he is now trying to overturn the ban, and appeared in Melbourne District Court on Monday to contest the case.

But Latchford’s attempt to reopen the road was fiercely criticised by Harold Scruby, spokesman for the Pedestrian Council of Australia.

“Forget two years off the road, it should be two years in prison,” he said. “I argue that it’s not nearly enough. If that was Norway, you’d end up in prison.

“You have to have a mechanism that doesn’t just take away their license.”

James Latchford was behind 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

Latchford was driving this truck when he struck and killed AFL journalist Sam Landsberger

Landsberger, 35 (pictured), was believed to have been walking to work when the tragedy struck on the edge of Melbourne's CBD

Landsberger, 35 (pictured), was believed to have been walking to work when the tragedy struck on the edge of Melbourne’s CBD

Latchford, who wore a red mullet, declined to comment outside court.

Emergency services were called to the scene of the crash after reports of a collision between a truck and a pedestrian at the intersection of Bridge Rd and Church St at around 10.20am.

Landsberger was crossing the road at the time and was 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 unharmed and released by police pending further investigation.

Victoria Police later confirmed that drug and alcohol tests he had taken at the side of the road at the time returned negative results.

But when the officers asked him for a blood sample, he refused.

Latchford was given a summons and a driving ban.

On Monday, his lawyer Michael Pena-Rees told registrar Stephanie Keogh-Barnes that his client planned to attend court to receive a sentencing recommendation.

“Ultimately, the charge before the court, which is refusing a blood test, carries a mandatory two-year term if he is found guilty of that offence,” Mr Pena-Rees said.

“There is a provision in the legislation to appeal against the immediate suspension, the one that the police have imposed. It is not what was predicted as the application today.”

The court heard that Latchford was keen to have the immediate suspension overturned so he could get back on the road.

“A sentencing notice does not give Mr Latchford the opportunity to appeal the police notice,” Mr Pena-Rees said.

‘That puts me and Mr Latchford in a dilemma, as the sentencing indication is not the right application to make today.’

James Latchford leaves court with his lawyer on Monday

James Latchford leaves court with his lawyer on Monday

James Latchford is chased by reporters on William Street on Monday

James Latchford is chased by reporters on William Street on Monday

Landsberger was also a regular guest on Fox Footy's Midweek Tackle program

Landsberger was also a regular guest on Fox Footy’s Midweek Tackle program

The court heard that Latchford’s lawyers hoped to speak to the officer who imposed the suspension and to prosecutors about pursuing the appeal.

“It is unfortunate, Your Honor, that there is no indication today of the imposition of a sentence,” said Mr Pena-Rees.

The case was adjourned until October 15 to allow Latchford’s attorney to prepare his appeal.

Landsberger worked at NewsCorp for the past 14 years, eventually becoming the paper’s lead AFL reporter. He would also become a regular contributor to Fox Footy, sharing his deep insights into the sport.

The reporter’s father, Dr. Jake Landsberger, said his son was on the phone with his mother, Anne, 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 beside ourselves with fear as to whether she had actually distracted him,” Jake told the Herald Sun.

‘Anne spoke to him as he walked down the street to meet his friend and former Herald Sun colleague Nick Smart.

‘The next moment there was a commotion, a stranger picked up the phone and said, ‘Who am I speaking to?’ Anne said, ‘I’m Sam’s mother, who are you?’

“And he said, ‘I’m sorry to say, but your son has just been hit by a vehicle… he’s on the ground.’ The man spoke to Sam at first until he lost consciousness.”

Sam Landsberger was waved goodbye by friends, colleagues and family on August 26

Sam Landsberger was waved goodbye by friends, colleagues and family on August 26

Landsberger's parents Anne and Jake talk about their son during the service

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 his fellow journalists and some of the biggest names in Australian sport

The award-winning reporter (pictured with journalist Lauren Wood) has been mourned by his fellow journalists and some of the biggest names in Australian sport

Jake revealed that the stranger messaged the family on WhatsApp on Wednesday.

“He texted us and said, ‘I told Sam I was on the phone with his mother and he was okay with it, knowing he was communicating with you through me.’”

Reflecting on the overwhelming love he felt for his son, Jake said, “I can’t put into words the comfort, the joy and the pride we feel because of this.

‘By the time we both took two sleeping pills to go to bed around 9pm on Tuesday night, I had personally received over 250 messages and Anne probably just as many.

‘The tributes, watching AFL360, seeing The Tackle postponed, the stories in the media…

‘As we sat at the table and cried our eyes out, I said to Anne, I wish I could go back to the morgue in the courthouse and wake Sam up and say, “Sam, look how loved you were, look how admired you were.”

‘Because he had no idea. He didn’t realize it. I told him so many times that this was his dream job, I kept telling him he had achieved his dream and he kept looking at me and saying, “Yeah, thanks, Dad.” He was very self-deprecating.

“What we saw completely wiped us off the map.”

Jake, a long-standing club doctor at the Western Bulldogs, said his son’s death was a huge blow to the family.

“This is a nightmare for all of us,” he said. “We loved him so much.

‘I remember saying to patients – and we’re living it now – I remember saying, a parent should never have to bury one of their children. And that’s us now.

‘Anne’s mother died two or three months ago in New Zealand, she was 94. Not this age (Sam was 35). It’s indescribable.

“We keep looking at each other and thinking, look at what we’ve lost and what he’s lost in the future.”