James Alexanda Latchford, 45, appeared in Melbourne Magistrates Court on Tuesday where he successfully appealed his licence suspension after the accident that fatally injured Herald Sun sports reporter Sam Landsberger.
Latchford is charged with refusing to provide a mandatory blood sample.
The 45-year-old heavy-truck driver had been turning left at an intersection in Richmond when the accident occurred on August 20.
James Latchford is charged with refusing to provide a mandatory blood sample. (Con Chronis/AAP PHOTOS)
The court was told that Latchford was not the one at fault based on witness accounts and CCTV footage.
Most of the truck had already passed the intersection's pedestrian crossing when Landsberger, who was not concentrating, walked into the rear wheels, defence barrister Michael Pena-Rees told the court on Tuesday.
"There are no allegations of bad or inappropriate driving. No one there said he was driving carelessly or recklessly. Witnesses said he was driving slowly at the time," he said.
The defence said one witness, a doctor, tried calling out to Landsberger to stop, but he turned before "going under" the wheels.
While the investigation remains ongoing, the police prosecutor conceded the available evidence suggests it wasn't Latchford's fault.
"There is nothing that indicates one way or another he was at fault in this circumstance," he told the court.
Police, however, challenged that it was the front wheels where the impact occurred.
The driver is facing one charge of refusing to provide a mandatory blood sample, leading to police immediately suspending his licence for two years.
It's alleged he refused the test three times at a police station after already returning negative roadside drug and alcohol tests following the collision.
"I just don't want to give a sample. I just don't like needles, mate," he allegedly told police.
Prosecutors argued the law was black and white, and the blood test was there for a purpose as the initial drug test could only pick up cannabis and methylamphetamine.
"The problem with a drug swipe is that it doesn't identify all potential drugs," the prosecutor said.
"We weren't able to identify whether he could've been at fault. That part of our investigation process hasn't been able to take place."
Mr Pena-Rees argued for Latchford's licence to be reinstated saying losing his licence as a professional truck driver would significantly impact his work and family, pointing to his clean driving record in the past decade.
The prosecution argued against the licence reinstatement saying the defence hasn't proven exceptional circumstances to warrant retaining his licence.
Magistrate Belinda Franjic accepted the defence's argument and quashed the licence suspension.
Her decision took into account Latchford's unblemished driving record in the past decade, his position as a professional truck driver, the suspension being imposed when police didn't know who was at fault and delays in court proceedings.
Landsberger, 35, worked for the Herald Sun for 14 years as an AFL and cricket reporter and won a Quill journalism award in 2023 for uncovering Essendon's former chief executive's links to a controversial church.
He also received the Australian Football Media Association's rising star award in 2013.
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