Three convicted over railway deaths

Thursday 2nd July 2009, 11:30AM BST.

Three railway workers have been found guilty of breaching health and safety laws after two men were killed on a stretch of track in Staffordshire.

Jurors at Stafford Crown Court convicted each of them over the accident on the Cannock to Rugeley line at Hednesford in September 2004. The court heard that the penalty for the health and safety breach would be a fine. During a rail replacement operation, a road rail vehicle – a digger on rails – reversed at speed and hit two workers causing fatal injuries.

On trial were the driver of the RRV David Jones, the RRV controller John Brady, and the senior supervisor for contractors Carillion, Wayne Brigden.

After a six-week trial, each of them was convicted of failing to take care of the health and safety of themselves and others.

But the jury cleared Jones and Brady of a more serious offence of endangering the safety of rail passengers by wilful omission or neglect by improper use of the RRV. Jurors also cleared one of the contracting companies involved in the operation, VG Clements Ltd, of failing to ensure the safety of employees and others.

The men who died, Martin Oates, aged 38, from Sheffield, and David Pennington, 46, from Burnley, were employed by VG Clements Ltd, as part of the crew of a rail delivery train.

Jones, aged 48, of Parkland Crescent, Appleby Magna, Swadlincote, Brady, aged 44, of Chaucer Grove, Acocks Green, Birmingham and Brigden, aged 29, of Hernal Croft, Yardley, Birmingham each denied the charges.

Network Rail and Carillion have already pleaded guilty to health and safety offences and all defendants, including the three rail workers will be sentenced later this year.

Jurors were told that on the night of the tragedy, the RDT was delivering new rails for the section from Cannock to Rugeley.

Mr Philip Mott QC, prosecuting, said: “With its red light showing as if it was going away the RRV reversed back as fast as it could, without being able to see. Tragically, two of the crew of the RDT were in the way.”



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