UK - rail crash survivor killer loses claim

[John Ashworth]

Crash survivor killer loses claim

Page last updated at 14:42 GMT, Wednesday, 17 June 2009 15:42 UK
BBC


A survivor of the 1999 Paddington rail crash who claimed the tragedy turned him into a killer has no right to claim compensation, Law Lords have ruled.

Kerrie Gray, 49, of Tilbury, Essex, was detained in a psychiatric hospital after stabbing a man to death in 2001.

The Court of Appeal ruled last year that Gray's claim for loss of earnings should not be blocked.

But the House of Lords reversed that ruling and said the killing was a "voluntary and deliberate act".

Uncontrollable anger

Lord Hoffmann acknowledged that, but for the rail accident, Gray would not have killed, but said the post-traumatic stress disorder diminished his responsibility rather than completely extinguishing it.

Additional claims for an indemnity against any action which might be brought against him by the dependants of the dead pedestrian and general damages for his feelings of guilt and remorse were also ruled out.

Gray had been seeking £300,000 from Thames Trains and Network Rail for past and future loss of earnings.

He was said to have been "perfectly normal" and in continuous employment in administration or sales before the crash.

Afterwards he underwent a significant personality change, suffering depression, anxiety and uncontrollable anger.

He admitted killing 42-year-old welder John Boultwood after he wandered drunkenly in front of his car.

After pleading guilty to manslaughter on the basis of diminished responsibility, he was ordered to be detained indefinitely at Runwell Hospital in Essex.

Hugh Mullins, of law firm Halliwells LLP, which acted for the insurers of the rail companies, said: "Although there is sympathy for Mr Gray, this is the right decision.

"The House of Lords has ensured that the proper balance between illegality and compensation is achieved."

The full text of the judgement can be found here