Paddington Train Disaster: Rail chiefs may face criminal charges

RAIL INDUSTRY directors were warned yesterday that they may be charged with man- slaughter over the Paddington disaster if evidence is found of "gross negligence".

RAIL INDUSTRY directors were warned yesterday that they may be charged with man- slaughter over the Paddington disaster if evidence is found of "gross negligence".

The announcement, included in an interim report of inquiries into the crash, came as police lowered their estimate of the final death toll. They believe that a minimum of 40 people died, while another 64 may still be missing.

The report by the chief inspector of railways, Vic Coleman, also said initial inquiries suggested that the accident would have been prevented if a train protection warning system had been installed and properly operated. It confirmed reports that the trains had collided because the Thames Trains Turbo service had failed to stop at a red light, the now- notorious signal 109.

"Our key findings so far show that the immediate cause of the accident appears to be that the Thames train passed a signal, SN109, about 700 metres before the collision point," Mr Coleman said. The reasons it failed to stop were "likely to be complex", though he did not wish to blame the driver of the Thames service, Michael Hodder. Mr Hodder, from Reading, died in the accident.

Tuesday morning's accident, two miles west of Paddington station, happened when the Thames Trains service to Wiltshire collided almost head-on with a First Great Western service heading into London on a green light.

The signaller in charge of train flow, based at Slough in Berkshire, realised the smaller service had jumped the stop signal and tried to change the express train's green light to red. He was observing the trains' progress on a video monitor and saw the Thames Trains Turbo had passed signal 109 and was heading towards the "up main line", on which the Great Western train was approaching in the other direction.

He immediately changed signal SN120 on the up main line to "danger". But it was too late: the outbound service was by then a few hundred metres from the express and both were travelling towards each other at about 60mph. The collision occurred "almost simultaneously".

Mr Coleman's interim report for the health and safety executive said further investigations focused on three key areas: isolating the root causes of the crash; identifying what action could prevent repeats; and examining whether prosecutions were justified.

He also told Railtrack not to bring back into use the signal at the centre of the crash until measures were taken to improve its operation. He ordered the company to improve, by 6 November, 22 other signals where there have been five or more instances of trains jumping red lights.

Any criminal charges would be of "corporate manslaughter" and would most likely be directed at Railtrack, which controls signalling systems and tracks, or Thames Trains.

Individuals within the companies could be included but prosecutors would have to prove there was a "controlling mind in charge of safety" whose gross negligence led to the death of the passengers.

Any criminal proceedings might delay a public inquiry into the disaster. The investigation into the Southall rail crash was postponed for two years to allow for criminal proceedings.

Yesterday inquests were opened and adjourned for the first 11 of the victims - one woman and 10 men - whose remains have been identified. They ranged in age from 26 to 61 and included a civil servant and a plasterer.

How many more inquests there will be remained unclear last night. Further inquests are expected to be opened today.

Deputy Assistant Commissioner Andy Trotter, of the Metropolitan Police, said he believed a minimum of 40 people had died. A further 64 people who may have got on to the train were still unaccounted for - though as more and more people contacted the victims' bureau to report the safe return of a relative, that number would fall. Mr Trotter had earlier predicted a death toll of 70.

Today officers and Home Office pathologists will begin recovering remains from carriage H, the first-class coach of the express train. Preliminary examinations have shown that the floor of the carriage is full of ashes, a mixture of human remains and the debris of the incinerated fittings.

Meanwhile survivors and relatives continued to make the painful pilgrimage to the site of the crash yesterday. Ellen Healey, 58, who was injured in a train crash in Barnet a few years ago, turned up with a bunch of carnations. "I feel so grateful I was OK so I came to lay some flowers."