Network Rail faces criminal prosecution over fatal crash

Badly maintained points to blame for 2007 derailment at Grayrigg which killed passenger

Network Rail is to face criminal prosecution over the 2007 rail crash in Grayrigg, Cumbria, that killed one passenger and injured almost 90.

The company, which is responsible for maintaining the track where a Virgin Pendolino train was derailed, is accused of breaking health and safety laws over the crash.

Click here to see the full graphic of the site of the crash in 2007.

The Office of Rail Regulation said yesterday that it had begun criminal proceedings against the company, two months after an inquest found that badly maintained points were to blame for the crash.

Margaret Masson was killed and 86 people were injured, 28 of them seriously, when all eight carriages of a London-to-Glasgow service left the track at 95mph on 23 February 2007.

Mrs Masson's family placed the blame at the door of Network Rail after a former employee, who was responsible for maintaining the "degraded and unsafe" set of points, told the inquest into her death that he had warned his bosses about the "shambles". David Lewis said his team was overworked, understaffed and poorly equipped to carry out its work.

The Office of Rail Regulation said the proceedings were a result of Network Rail's "failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher bar points".

The Office's safety director, Ian Prosser, said: "Following the coroner's inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment."

The first hearing is due to take place at Lancaster magistrates' court on 24 February. Network Rail's network operations managing director Robin Gisby said: "Network Rail has not hidden from its responsibilities. The company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson's family.

"Since the derailment, we have worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to our maintenance regime."

The maximum penalty a magistrates' court can impose for the offence is a fine of £20,000, meaning it is likely the case will be committed to the Crown Court. Last year, Network Rail was fined £3m after admitting safety breaches involving a set of points which led to the Potters Bar crash in 2002, in which seven people died.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Project Management Support Assistant

£20000 per annum: Recruitment Genius: This Railway Museum, the largest of its ...

Sauce Recruitment: FP&A Analyst -Home Entertainment

£250 - £300 per day: Sauce Recruitment: (Rolling) 3 month contractA global en...

Recruitment Genius: Sales and Account Manager - OTE £80,000+

£40000 - £80000 per annum: Recruitment Genius: This is a fantastic opportunity...

Ashdown Group: Junior Web Developer - Kent - £40,000

£30000 - £40000 per annum + benefits: Ashdown Group: Junior Web Developer - ne...

Day In a Page

Syria crisis: Celebrities call on David Cameron to take more refugees as one young mother tells of torture by Assad regime

Celebrities call on David Cameron to take more Syrian refugees

One young mother tells of torture by Assad regime
The enemy within: People who hear voices in their heads are being encouraged to talk back – with promising results

The enemy within

People who hear voices in their heads are being encouraged to talk back
'In Auschwitz you got used to anything'

'In Auschwitz you got used to anything'

Survivors of the Nazi concentration camp remember its horror, 70 years on
Autumn/winter menswear 2015: The uniforms that make up modern life come to the fore

Autumn/winter menswear 2015

The uniforms that make up modern life come to the fore
'I'm gay, and plan to fight military homophobia'

'I'm gay, and plan to fight military homophobia'

Army general planning to come out
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign

What the six wise men told Tony Blair

Months before the invasion of Iraq in 2003, experts sought to warn the PM about his plans. Here, four of them recall that day
25 years of The Independent on Sunday: The stories, the writers and the changes over the last quarter of a century

25 years of The Independent on Sunday

The stories, the writers and the changes over the last quarter of a century
Homeless Veterans appeal: 'Really caring is a dangerous emotion in this kind of work'

Homeless Veterans appeal

As head of The Soldiers' Charity, Martin Rutledge has to temper compassion with realism. He tells Chris Green how his Army career prepared him
Wu-Tang Clan and The Sexual Objects offer fans a chance to own the only copies of their latest albums

Smash hit go under the hammer

It's nice to pick up a new record once in a while, but the purchasers of two latest releases can go a step further - by buying the only copy
Geeks who rocked the world: Documentary looks back at origins of the computer-games industry

The geeks who rocked the world

A new documentary looks back at origins of the computer-games industry
Belle & Sebastian interview: Stuart Murdoch reveals how the band is taking a new direction

Belle & Sebastian is taking a new direction

Twenty years ago, Belle & Sebastian was a fey indie band from Glasgow. It still is – except today, as prime mover Stuart Murdoch admits, it has a global cult following, from Hollywood to South Korea
America: Land of the free, home of the political dynasty

America: Land of the free, home of the political dynasty

These days in the US things are pretty much stuck where they are, both in politics and society at large, says Rupert Cornwell
A graphic history of US civil rights – in comic book form

A graphic history of US civil rights – in comic book form

A veteran of the Fifties campaigns is inspiring a new generation of activists
Winston Churchill: the enigma of a British hero

Winston Churchill: the enigma of a British hero

A C Benson called him 'a horrid little fellow', George Orwell would have shot him, but what a giant he seems now, says DJ Taylor
Growing mussels: Precious freshwater shellfish are thriving in a unique green project

Growing mussels

Precious freshwater shellfish are thriving in a unique green project