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Alton Towers Smiler crash: Owner Merlin admits health and safety breaches after computer system 'overridden'

The owner of Alton Towers has today pleaded guilty to breaching health and safety regulations over The Smiler crash which left five people seriously hurt.

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Merlin Attractions Operations Ltd had previously accepted responsibility for the crash after carrying out its own internal investigation.

Five people were seriously injured on the ride on June 2 last year, including two women who had legs amputated after their carriage collided with a stationary carriage on the same track.

  • MORE: Smiler crash - New pictures and video reveal accident aftermath

District Judge Jack McGarva warned that the company "may be ordered to pay a very large fine".

Entering a plea on behalf of the operator, Merlin's counsel Simon Antrobus said: "I'm duly authorised on behalf of the company to enter a guilty plea to the charge.

"That will be subject to a basis of plea and will be for discussion and prior agreement with the prosecution in due course."

He added: "The company is accepting additional reasonable and practicable measures could have been taken to guard against the safety risk that arose on the day."

Emergency services work to free those trapped on the Smiler ride in June last year

The prosecution has been brought by the Health and Safety Executive (HSE), which outlined its case against the park's bosses during the hearing.

Also present were the five most seriously injured and their families, sat in the public gallery: Vicky Balch and Leah Washington, who each lost a leg in the crash, as well as Joe Pugh, Daniel Thorpe and Chandaben Chauhan.

Lives turned upside down

Bernard Thorogood, for the HSE, told the court that lives had been turned upside down after the crash.

He said the HSE's case was that the ride's operatives "overrode" the controlling computer system's actions to stop the ride, and that there had been an "absence of a proper settled system" for staff to work through problems on the ride as and when they occurred.

He told the court: "The Smiler rollercoaster came into operation in 2013 in May and in our schedule ran from then until the time of the accident at the beginning of June 2015 in a way that was not as safe as it should have been.

"The mechanical and computer-related operation of the ride were found to be without any fault at all.

"It was a mechanically sound computer-operated ride which required human intervention at many points during operation.

"There was an absence of a proper settled system for staff to work to in certain situations and one of those was that when one of the up-to-five trains came to a halt around the system in one section there was not a good enough system for staff to interact with that problem and a proper procedure to sort it out.

"The upshot was that on June 2 although the computer-controlled system was correctly showing one of the farthest parts of the ride, the Cobra Loop, there was a stationary train, staff didn't see it and there wasn't a system to see it.

"They overrode the computer block on the system and sent the train with some of those sitting here today around the ride.

"As a result those in the train were injured when their train came into collision with the stationary train.

"Those in the front row suffered the greatest physical injuries and were life-changing in many cases."

Crown court

Mr Thorogood said the serious nature of the injuries suffered and the potentially "very high level of fine" the case may attract, given Merlin was a "£250 million-a-year turnover" company, meant the case should be moved to a higher court for sentence.

District Judge McGarva agreed and, giving his decision, said: "This is a case which involved a very high culpability on the part of the defendant in my view and exposed the victims to a high likelihood of very serious harm.

"This is a case involving a large organisation which may be ordered to pay a very high fine.

"Clearly this falls into a category of requiring allocation to the crown court - and that's what I'll do."

The case was adjourned until a date to be fixed at Stafford Crown Court.

A milestone for victims

Lawyers representing some of the injured welcomed Merlin's indication it would accept liability for the smash, describing it as a "milestone" for the victims.

Speaking after the hearing, Paul Paxton, head of personal injury at Stewarts Law, said: "It is comforting for the families that a plea of guilty has been entered rather than the victims having to endure a drawn out trial.

Mr Paxton, whose firm represents Ms Balch, Ms Washington and Mr Pugh, said: "Inevitably, this guilty plea will be a milestone along the way to psychological rehabilitation.

"Regrettably the physical recovery will be a lifelong process."

Meanwhile, Neil Craig, HSE head of Midlands operations, also welcomed the plea.

He said: "Merlin has acknowledged that it failed in its legal duty to protect people on the Smiler ride.

"Those injured on June 2 last year had every right to expect a carefree and fun day out.

"The incident was profoundly distressing for everyone involved, both physically and mentally - it left some with life changing injuries.

"We hope this first milestone will help those affected to continue their recovery from this tragic incident."

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