Paddington: No one will be charged

Staff|Agencies12 April 2012

Rail chiefs condemned over the Paddington train disaster will not face criminal charges, it was revealed today.

Relatives of the 31 people who died and 500 injured expressed dismay at the ruling by the Crown Prosecution Service that "further investigation would not be justified".

The decision comes despite the official Cullen report that condemned Railtrack's "lamentable failure" in maintaining signals and criticised Thames Trains for its poor driver training.

The crash in October 1999 occurred when Michael Hodder drove his Thames Trains turbo through Signal 109 at red shortly after leaving Paddington station - into the path of a Great Western Express heading into London.

The CPS says: "There is no doubt, in our view, that the evidence in this case clearly reveals a history of corporate failings." But in spite of this damning conclusion, hopes of charges being brought have been scuppered by loopholes in corporate manslaughter law which have dogged investigations into tragedies such as the Zeebrugge ferry and the sinking of the Marchioness riverboat.

In a lengthy statement today, the CPS said: "Following the investigation by British Transport Police and the public inquiry chaired by Lord Cullen, the CPS has now advised BTP that in our view no further investigation would be justified."

Letters have been sent to the families of the bereaved and the seriously injured explaining the reasons for the CPS decision.

But the decision has dismayed relatives, their lawyers and police officers who have worked to build a case against Railtrack.

The company was responsible for the track and signal layout which Lord Cullen said had been a key cause of the crash.

Louise Christian, lawyer for many of the Paddington families, vowed to mount a legal challenge. She said: "We are now looking at a judicial review. We want at least one senior manager charged with manslaughter."

The CPS first ruled out prosecution last May but looked again at all of the evidence put before the Cullen inquiry. They concluded that it would not be enough "to bring proceedings against any person or company for manslaughter".

The Government has made repeated promises to overhaul the law. Existing corporate manslaughter charges are deeply flawed because in order to succeed the prosecution must identify a "controlling mind" within the company who was responsible for a decision which led to death.

A Railtrack spokesman said today: "Prosecutions or not, Railtrack will never forget the accident. We remain determined to learn the lessons."

A spokesman for Thames Trains said: "Throughout the investigation we have tried to ascertain the cause and responsibility for the accident." He said the CPS decision is "another step in that process".

Vernon Hince, acting general secretary of the RMT, largest of the rail unions, said: "We have never been in favour of prosecuting individuals but it looks as though the companies have once again got away scot-free.

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