Network Rail apology for Potters Bar deaths

News in pictures
News in pictures
On Facebook
From the blogs

Disclosure: We’d never even been to a club when we made our first single

For most of us, reaching eighteen years of age opens up a new world for exploration, spontaneity and...

Top of the posts: Drunken rants, the Western Fail and misogyny pushers

The most read blogs this week, as determined by stats.

Sepp Blatter: Penalty shoot-outs must remain, they’re football’s great leveller

As England supporters, we should scorn at any such deciding factor within football. On so many occas...

Why do some men consider the street as a female meat market?

Pronouncements on sexual inequality in the UK are normally met with an eye roll by my generation. As...

Network Rail (NR) said it was "truly sorry" for the Potters Bar rail crash after the company was fined £3 million today over the 2002 disaster which claimed seven lives.





The rail infrastructure company had pleaded guilty at St Albans Crown Court in Hertfordshire to breaching health and safety regulations which led to a high-speed train derailing at a faulty set of points.



NR's predecessor Railtrack was the infrastructure company in charge at the time of the crash but NR has shouldered the responsibility.



Sentencing NR today, Judge Andrew Bright said the crash of the London to King's Lynn train just outside Potters Bar station just before 1pm on May 10, 2002 was a "catastrophic accident".



He said the lives of the bereaved families had been devastated and that Railtrack's procedures and standards were "seriously inadequate".



Judge Bright and some of the bereaved families highlighted the fact that, as NR is a not-for-dividend company with no shareholders, any fine for NR would have to be paid from what the judge said was "an income which is substantially derived from public funds".



Perdita Kark, the daughter of Austen Kark, one of the passengers who died in the crash: said: "It's offensive that I pay a fine for something that killed my father."



Train drivers' union Aslef said it was "ludicrous that managers responsible for rail safety walked away unscathed while the public picks up a £3 million bill".



NR said it accepted the fine "as we accept the liabilities inherited from Railtrack".



The company added: "We say again today that we are truly sorry."



The Office of Rail Regulation (ORR), which brought the case against NR under the Health and Safety at Work Act, said that safety on the railways had improved but could be strengthened further.



Pat Smith, 63, whose mother Agnes Quinlivan, 80, was killed by falling debris as she walked close to Potters Bar station, said: "I just hope that other families in the future are not treated as shabbily as we were by the rail companies, and I include Network Rail in that."



Maintenance company Jarvis - which was responsible for the section of track at Potters Bar, but is now in administration - also faced charges but the ORR decided in March not to proceed as the prosecution was "no longer in the public interest".



Six passengers on the West Anglia Great Northern express - Mr Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin and Chia Chin Wu - were killed.



They were in the train's fourth carriage which became airborne after derailing and ended up getting wedged under the canopy of the station.



NR admitted failings over the installation, maintenance and inspection of adjustable stretcher bars which keep a moveable section of a track at the correct width for train wheels.



Judge Bright said Railtrack had had no specific guidelines for installing, maintaining and inspecting the kind of points that failed at Potters Bar.



Serious faults with the points "could and should have been identified sooner", he added.



The company's failures put the travelling public and train crews at the risk of serious injury, the judge said.



Assessing how far up the Railtrack organisation the failings went, Judge Bright said that although there were very serious failings by Jarvis, "overall responsibility for the breach of duty lay with Railtrack at senior management level and their failures were significant and extensive".



The judge said there were individuals who bore responsibility for the maintenance failures.



He added: "I do not doubt that those who lost loved ones in the crash might have hoped to see those individuals held to account for their failure.



"However, they are not before the court and it's Network Rail Infrastructure who fall to be sentenced for an offence committed by Railtrack plc."



Judge Bright said that, although NR was making progress on all 10 points of concern raised by the judge presiding over last year's inquest into the deaths, the ORR considered that none of them had yet been fully implemented.



Ms Kark, whose mother, author Nina Bawden, now 86, was badly injured in the crash, said: "Directors of the two companies should have been in the dock as individuals and they should have paid out of their own purses."



ORR rail safety director Ian Prosser said: "Today marks the end of a long process in which we have sought to gain a sense of justice for the families of the victims of the Potters Bar derailment."



He added that it was clear the rail industry still had "significant work to do" on safety.



Mrs Smith said: "There has been total disregard for the bereaved families. We have finally got our apology from NR. They should have put their hands up right away. That would have eased our pain."



Bob Crow, general secretary of the Rail, Maritime and Transport (RMT) union, said: "It is a scandal that those really responsible have got away with it."



Aslef general secretary Keith Norman said: "Surely those individuals responsible should be punished - not the travelling public."

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Patrick Cockburn: I fear this terrible massacre will be the beginning of a long civil war in Syria

Patrick Cockburn

I fear this terrible massacre will be the beginning of a long civil war in Syria
Hardeep Singh Kohli: For me, it is all about 'Gregory's Girl', a record of first love

Hardeep Singh Kohli

For me, it is all about 'Gregory's Girl', a record of first love
Christian Louboutin: 'I don't think comfort equals happiness'

Christian Louboutin interview

'I don't think comfort equals happiness'
Happy birthday, Hotel Babylon!

Happy birthday, Hotel Babylon!

Hollywood's home to the A-list celebrates 100 years of discreet luxury
Rupert Cornwell: Low-rise capital could finally reach for the sky

Rupert Cornwell: Out of America

Low-rise capital could finally reach for the sky
The secret life of the red carpet

The secret life of the red carpet

As Cannes reaches its climax with the Palme d'Or and the celebrities gather in London for the Baftas tonight, Kate Youde and Jack Dean investigate the real star of the show
It's not easy being Professor Green: The rapper, the heiress and a drama made in Chelsea...

It's not easy being Professor Green

The rapper, the heiress and a drama made in Chelsea...
Hardcore, hard-wired: How the prevalence of porn is changing our everyday lives

How porn is changing our lives

It's everywhere - from pop videos to fashion magazines to the theatrical stage.
River Phoenix: the final reel

River Phoenix: the final reel

Twenty years after the actor's death, his last film is to be released
Facebook: The shares shenanigans

Facebook: The shares shenanigans

Investors are crying foul over the huge losses they incurred when the social network site floated on the stock market last week
Up and away – how '7 Up' went global

Up and away – how '7 Up' went global

As the last episode of Britain's '56 Up' airs, the first episode of '28 Up', from the former USSR, starts. Then there's the US, Japan, Germany...
You'll soon pick this up: Tuck into Bill Granger's fresh street food

Tuck into Bill Granger's fresh street food

It provides perfect party fare for some fun in the sun...
All to play for: How is Ukraine shaping up ahead of Euro 2012?

How is Ukraine shaping up ahead of Euro 2012?

Peter Popham casts his eye over the state of the Euro 2012 co-host ahead of the tournament.
Red or not, here they come: Artists reimagine the iconic telephone booth

BT ArtBoxes: Red or not, here they come

Artists reimagine the iconic telephone booth...
The Last Word: Premier bullies devise youth system bound to end in tears

The Last Word

Premier bullies devise youth system bound to end in tears