A fatigued, drug-affected truck driver has been jailed in Western Australia for fatally running down an environmental campaigner who was cycling around the country to raise awareness about climate change.
Leif Justham, 21, died on April 6, 2021, after being hit by a prime mover 70 kilometres west of Caiguna on the Eyre Highway in WA, as he cycled across the Nullarbor plain.
The truck was being driven by Luke James Brooks, 39, who was on his journey from Adelaide, which had started the day before.
The District Court was told that while he was at a rest stop, he accessed a pornographic website and that while he was driving, he used social media sites, and he also sent and received text messages.
Both men were from South Australia and Brooks, who had been a truck driver for 12 years, had regularly made the journey to Perth in the year prior.
According to logbooks, Brooks had only a few hours' sleep in the 24 hours before the crash, mostly what were described in court as 15 minute "rest" breaks.
Brooks was texting before crash
Other records showed Brooks had last sent a message on his phone just 10 minutes before he hit Mr Justham.
Both were travelling in the same direction and Brooks was doing about 100 kilometres per hour, but he failed to see Mr Justham, who prosecutors said was clearly visible.
Brooks later sent a text message to a colleague saying: "Bicycle rider in my lane, I didn't notice him until the last minute. I swerved but still clipped him."
Samples of his blood found traces of methamphetamine, amphetamine, and a drug to treat excessive sleepiness that the court heard was commonly used by truck drivers on long-haul journeys.
Some members of Mr Justham's family travelled from South Australia for the sentencing while others viewed it via video link.
Leif 'inspired positive change': mother
Mr Justham's mother, Helen Taylor, read her victim impact statement to the court in which she said her son touched the lives of so many, including state and federal parliamentarians across the country who had paid tribute to him.
She said Leif was riding around Australia because of his passion for the environment.
"Leif spoke with anyone and everyone he met, starting conversations about the power of choosing super funds that don't invest fossil fuels," she said.
"Leif got people thinking about divestment and inspired them to use their super for positive change."
"The evening before the accident, Leif called me from a pay phone to excitedly share his latest adventures.
"My memories of our last conversations are of his wonder and respect for the landscape and his hopes for the future."
In a statement, the family said Leif "lost his life on a mission to promote climate action".
'A truly exceptional and remarkable young man'
Judge Lisa Tovey described the 21-year-old as "a truly exceptional and remarkable young man" who had "touched the lives of so many" and inspired ordinary people to affect change.
Judge Tovey said no sentence she imposed could measure the value of his life or the loss and grief that had been caused to his family, friends, and the wider community.
"This matter was a tragedy on so many levels. It was a tragedy that was avoidable," the judge said.
The court heard the level of drugs in Brooks' system had rendered him incapable of properly controlling his truck and Judge Tovey said she had to impose a sentence that would send a message that such behaviour would be met with serious consequences.
The judge took into account that Brooks had pleaded guilty to a charge of dangerous driving occasioning death under the influence of drugs, saying it had avoided the need for a trial.
She also accepted Brooks was remorseful for what he had done and sentenced him to four years in jail.
He will have to serve two years before he can be released on parole.
Brooks was also disqualified from holding a driver's license for three years, to take effect from when he is released from prison.
Family hopes for change in trucking industry
Outside the court, Helen Taylor said while no prison term would be long enough for the family, it understood that there was a legal framework the judge had to work within.
She said she was glad her son's story was a large part of the court case and its consequences.
"Leif's story doesn't stop today, it won't stop ever, and we just hope that this is another chance for people to reflect on Leif, what he was doing, and the steps Australia is taking now towards a renewable future and a just transition for workers and investing in all of our future because that's what Leif cared about."
Ms Taylor also said she hoped the case would lead to changes in the trucking industry.
"This story is bigger than just one driver, who did a lot of wrong things and will pay a price and sends a message to other people, but it is an industry that is not all bad but needs looking at.
"Cyclists deserve to be safe on the road like every other user, like all of us, and we hope that this also starts conversations about compliance and enforcement of regulations within the industry and about promoting networks for cyclists to be out there and to be safe..."
Ms Taylor also said Leif's death had reverberated around the country and the world.
"The week after he died people in Africa heard his story and planted trees for him, there's a grove that's been planted in England, there are numerous places in South Australia and Victoria ..."
"We've had artists dedicate exhibitions, we've had a sculptor produce sculptures ... the conservation council in South Australia now has an award that is given out in his name ... it's huge, his legacy."
