Warnings over track before Potters Bar rail crash
Page last updated at 17:26 GMT, Tuesday, 1 June 2010 18:26 UK
BBC
Two passengers tried to raise concerns about the track the night before the train crash at Potters Bar in Hertfordshire, an inquest has heard.
Seven people died and 76 injured when a London-King's Lynn train derailed outside the station on 10 May 2002.
A judge due to hear evidence about the crash said two people made three separate reports about "rough rides".
Checks had been carried out on the approach to the station hours before the crash - but on the wrong line.
One report had been "forgotten", another had been misinterpreted and on the third occasion a train manager had not responded to a passenger's concerns, Judge Michael Findlay Baker QC told jurors at the inquest in Letchworth.
The inquests will examine the deaths of Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin, Chia Chin Wu and Agnes Quinlivan.
The West Anglia Great Northern train careered off the track at 98mph, flipping its rear carriage into the air.
It crashed into a bridge and slid along the platform before coming to rest under the platform canopy. Six passengers in the rear carriage and a passer-by were killed.
Passenger Terrence Moore, a station announcer at Finsbury Park, became concerned about "movement" as a train crossed points on the approach to Potters Bar at around 9pm on 9 May 2002 - about 16 hours before the crash, Judge Baker said.
Mr Moore, who was travelling north from King's Cross to Stevenage, reported his concerns to a member of staff at the ticket office when he arrived at Stevenage.
But the judge said the member of staff had been "busy" and did not log the report. "He forgot," said the judge. "In short, he did nothing."
Mr Moore then reported his concerns to a manager in the King's Cross signal box, but he had thought Mr Moore was talking about the southbound line, not the northbound, said the judge.
Safety checks had been carried out on the southbound line and nothing untoward was noticed, jurors were told.
The jury also heard that Peter Prime, who travelled north through Potters Bar at around 8.30pm on 9 May had also experienced a "rough ride" on the approach to the station.
He had been "sufficiently alarmed" to speak to a buffet car steward, said the judge. The steward promised to pass the report to the train manager but Mr Prime had no response.
Other passengers had come forward after the crash to report rough rides on the approach to Potters Bar prior to the derailment, said the judge, but no train drivers had.
A jury of eight women and three men heard Judge Baker give a detailed outline of facts on the inquest's opening day.
He told the hearing he intended to complete a "comprehensive, rigorous and fair investigation" during the inquest - expected to last three to four months.
"I hope we will do justice to the memory of those who died and provide closure to their loved ones and provide a proper account to the public and to those who were injured," he said.
The judge told the jury there were a number of questions about the points they needed to consider; what state were they in at the time of the derailment; how they came to be in that state; whether their condition was observed; and if not, why not.
The judge also explained why the inquest had taken so long to go ahead. A series of reports into the accident, failed legal proceedings demanding a public inquiry and the 2007 Grayrigg train crash and its associated reports had all contributed to the eight-year delay, he said.
Various demands for a full public inquiry were rejected by the government in 2005.
UK: Potters Bar rail crash inquest
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Re: UK: Potters Bar rail crash inquest
Potters Bar train crash 'warnings ignored'
Inquest opens into rail disaster that killed seven and hears passengers told of 'rough ride' just before 2002 crash
* Vikram Dodd
* guardian.co.uk, Tuesday 1 June 2010 20.24 BST
Just hours before seven people were killed when a high-speed train careered into a bridge and platform, passengers had warned that a section of track could be dangerous, a jury heard today.
The revelation that their warnings were not acted upon was made at the start of the long-delayed inquest into the May 2002 Potters Bar train crash.
The jury heard that faulty points in the track were a significant factor in causing the disaster.
Even though the crash happened eight years ago, the inquest results are keenly awaited by commuters and the railway industry, amid concerns that passengers could still be in danger.
One issue for the jury to decide will be whether the system for ensuring railway safety was tough enough at the time of the crash and whether it is adequate today.
Opening the inquest, Judge Michael Findlay Baker QC said that the night before the crash two passengers travelling over the stretch of track at Potters Bar complained of experiencing violent jolts, known as "rough rides".
Two warnings were ignored or forgotten, and a third led to the wrong section of track being inspected.
Seven people died and 76 people were injured in the crash when the rear of a West Anglia Great Northern train from London to King's Lynn derailed as it travelled at nearly 100mph over faulty points, slammed into a bridge and came to rest across platforms at Potters Bar station. The rest of the train continued for hundreds of metres up the track.
One of those killed was the husband of the novelist Nina Bawden.
Sitting at Letchworth, Hertfordshire, the jury of eight men and three women heard Judge Baker outline the unheeded warnings, watched by relatives of those who died and by some of those who survived the disaster.
The Potters Bar crash was one of several that happened while Britain's railway industry was privatised, with maintenance and safety of the track contracted out. They were eventually taken back into public hands.
On 9 May 2002, 16 hours before the crash, Terence Moore, a rail worker, was worried by "movement" as a train he was on approached Potters Bar.
The judge said that Moore, a station announcer, was travelling from King's Cross to Stevenage. Once he got off the train he reported his concerns to a member of staff at the ticket office. The judge said the member of staff was "busy" and did not log the report. "He forgot," said the judge. "In short, he did nothing."
Moore then reported his concerns to a manager in the King's Cross signal box. But the manager mistakenly thought he was talking about the southbound, not the northbound, line, said the judge. Safety checks were carried out on the southbound line and nothing untoward was noticed.
Judge Baker said the second passenger to raise the alarm was Peter Prime, who also travelled northbound through Potters Bar at around 8.30pm on 9 May. He was also worried after experiencing a rough ride on the approach to the station.
Prime was "sufficiently alarmed" to speak to a buffet car steward, said the judge. The steward promised to pass the report to a train manager but Prime had no response. The judge said other passengers came forward after the crash to report rough rides on the approach to Potters Bar prior to the derailment.
Baker said the delay to the inquest had been "extreme" and would have "protracted to an exceptional degree the distress of those who have been bereaved".
"In their interest and in the more general public interest, there must be no more delay," he said.
The seven people who died were Austen Kark, the husband of Bawden – who was herself seriously injured – Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin, Chia Chin Wu and Agnes Quinlivan.
The relatives of the dead and some of the survivors wanted a full public inquiry into the disaster.
A Health and Safety Executive report blamed flawed maintenance and ineffective safety checks. Another official report said the likely cause was shoddy maintenance.
The inquest is expected to last for two months.
Inquest opens into rail disaster that killed seven and hears passengers told of 'rough ride' just before 2002 crash
* Vikram Dodd
* guardian.co.uk, Tuesday 1 June 2010 20.24 BST
Just hours before seven people were killed when a high-speed train careered into a bridge and platform, passengers had warned that a section of track could be dangerous, a jury heard today.
The revelation that their warnings were not acted upon was made at the start of the long-delayed inquest into the May 2002 Potters Bar train crash.
The jury heard that faulty points in the track were a significant factor in causing the disaster.
Even though the crash happened eight years ago, the inquest results are keenly awaited by commuters and the railway industry, amid concerns that passengers could still be in danger.
One issue for the jury to decide will be whether the system for ensuring railway safety was tough enough at the time of the crash and whether it is adequate today.
Opening the inquest, Judge Michael Findlay Baker QC said that the night before the crash two passengers travelling over the stretch of track at Potters Bar complained of experiencing violent jolts, known as "rough rides".
Two warnings were ignored or forgotten, and a third led to the wrong section of track being inspected.
Seven people died and 76 people were injured in the crash when the rear of a West Anglia Great Northern train from London to King's Lynn derailed as it travelled at nearly 100mph over faulty points, slammed into a bridge and came to rest across platforms at Potters Bar station. The rest of the train continued for hundreds of metres up the track.
One of those killed was the husband of the novelist Nina Bawden.
Sitting at Letchworth, Hertfordshire, the jury of eight men and three women heard Judge Baker outline the unheeded warnings, watched by relatives of those who died and by some of those who survived the disaster.
The Potters Bar crash was one of several that happened while Britain's railway industry was privatised, with maintenance and safety of the track contracted out. They were eventually taken back into public hands.
On 9 May 2002, 16 hours before the crash, Terence Moore, a rail worker, was worried by "movement" as a train he was on approached Potters Bar.
The judge said that Moore, a station announcer, was travelling from King's Cross to Stevenage. Once he got off the train he reported his concerns to a member of staff at the ticket office. The judge said the member of staff was "busy" and did not log the report. "He forgot," said the judge. "In short, he did nothing."
Moore then reported his concerns to a manager in the King's Cross signal box. But the manager mistakenly thought he was talking about the southbound, not the northbound, line, said the judge. Safety checks were carried out on the southbound line and nothing untoward was noticed.
Judge Baker said the second passenger to raise the alarm was Peter Prime, who also travelled northbound through Potters Bar at around 8.30pm on 9 May. He was also worried after experiencing a rough ride on the approach to the station.
Prime was "sufficiently alarmed" to speak to a buffet car steward, said the judge. The steward promised to pass the report to a train manager but Prime had no response. The judge said other passengers came forward after the crash to report rough rides on the approach to Potters Bar prior to the derailment.
Baker said the delay to the inquest had been "extreme" and would have "protracted to an exceptional degree the distress of those who have been bereaved".
"In their interest and in the more general public interest, there must be no more delay," he said.
The seven people who died were Austen Kark, the husband of Bawden – who was herself seriously injured – Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin, Chia Chin Wu and Agnes Quinlivan.
The relatives of the dead and some of the survivors wanted a full public inquiry into the disaster.
A Health and Safety Executive report blamed flawed maintenance and ineffective safety checks. Another official report said the likely cause was shoddy maintenance.
The inquest is expected to last for two months.
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Re: UK: Potters Bar rail crash inquest
Potter's Bar families 'disgusted' by evidence
BBC Page last updated at 15:43 GMT, Wednesday, 7 July 2010 16:43 UK
Relatives of those killed in the Potter's Bar rail crash said they were "disgusted" by inquest evidence given by a maintenance company chairman.
Seven people died on 10 May 2002 when a train hit faulty points south of the station in Hertfordshire.
At first, Jarvis suggested the points at Potters Bar had been tampered with prior to the crash.
Its chairman Steven Norris defended its theory at the time, saying it had only been put forward as a possibility.
He denied it had been an attempt to prop up the company's falling share price and attacked the media for what he said had only been put forward as a possibility.
Perdita Kark, whose father died in the crash, said she had come to the inquest hoping for an apology from the company, but had heard nothing of the sort.
Noel Broadbent, director of compliance and standards at Jarvis in 2002, told the inquest the firm had not been able to explain the "catastrophic" failure of points and had wanted to draw attention to the possibility that points had been "interfered with".
John Hendy QC, who is representing victims' families, told him: "It was wholly untenable - a simply preposterous suggestion."
Another lawyer suggested Jarvis had "put up" former Conservative Transport Minister Steven Norris, who at the time was one of the firm's directors, to "make comments" to the media about the sabotage theory.
Accepted responsibility
The inquest jurors heard a recording of an interview Mr Norris gave to the BBC shortly after the crash in which he said there was "compelling evidence" that sabotage was "a very distinct possibility".
Experts concluded that the "root cause" of the crash was the failure of a set of points south of Potters Bar station, Judge Michael Findlay Baker QC, who is presiding over the inquest, has told jurors.
Railtrack had primary responsibility for track and signals at the time of the crash and maintenance had been sub-contracted to Jarvis, which went into administration earlier this year, he said.
On Wednesday, jurors heard Network Rail and Jarvis had accepted responsibility for the crash in 2004.
The inquest, due to end later this summer, will examine the deaths of Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin, Chia Chin Wu and Agnes Quinlivan.
More than 70 people were also injured when the 1245 London to King's Lynn, Norfolk, train hit faulty points south of Potters Bar station.
BBC Page last updated at 15:43 GMT, Wednesday, 7 July 2010 16:43 UK
Relatives of those killed in the Potter's Bar rail crash said they were "disgusted" by inquest evidence given by a maintenance company chairman.
Seven people died on 10 May 2002 when a train hit faulty points south of the station in Hertfordshire.
At first, Jarvis suggested the points at Potters Bar had been tampered with prior to the crash.
Its chairman Steven Norris defended its theory at the time, saying it had only been put forward as a possibility.
He denied it had been an attempt to prop up the company's falling share price and attacked the media for what he said had only been put forward as a possibility.
Perdita Kark, whose father died in the crash, said she had come to the inquest hoping for an apology from the company, but had heard nothing of the sort.
Noel Broadbent, director of compliance and standards at Jarvis in 2002, told the inquest the firm had not been able to explain the "catastrophic" failure of points and had wanted to draw attention to the possibility that points had been "interfered with".
John Hendy QC, who is representing victims' families, told him: "It was wholly untenable - a simply preposterous suggestion."
Another lawyer suggested Jarvis had "put up" former Conservative Transport Minister Steven Norris, who at the time was one of the firm's directors, to "make comments" to the media about the sabotage theory.
Accepted responsibility
The inquest jurors heard a recording of an interview Mr Norris gave to the BBC shortly after the crash in which he said there was "compelling evidence" that sabotage was "a very distinct possibility".
Experts concluded that the "root cause" of the crash was the failure of a set of points south of Potters Bar station, Judge Michael Findlay Baker QC, who is presiding over the inquest, has told jurors.
Railtrack had primary responsibility for track and signals at the time of the crash and maintenance had been sub-contracted to Jarvis, which went into administration earlier this year, he said.
On Wednesday, jurors heard Network Rail and Jarvis had accepted responsibility for the crash in 2004.
The inquest, due to end later this summer, will examine the deaths of Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin, Chia Chin Wu and Agnes Quinlivan.
More than 70 people were also injured when the 1245 London to King's Lynn, Norfolk, train hit faulty points south of Potters Bar station.
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Re: UK: Potters Bar rail crash inquest
Potters Bar 'Could Happen Again' - Coroner
4:10pm UK, Friday July 30, 2010
Lulu Sinclair, Sky News Online
A disaster such as the Potters Bar train crash of 2002 could happen again, the coroner overseeing the inquest believes.
Judge Michael Findlay Baker QC issued the warning after the inquest jury blamed a points failure for the accident which led to the deaths of seven people.
There were failures of inspection and/or maintenance of the points in the period before the crash, the jury in Letchworth concluded.
Mr Baker said he would be filing a report to express concern that circumstances continued to create a risk of other deaths.
He was scathing about the time it had taken to reach the conclusion.
"Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible," he said.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology.
"It feels wholly inadequate, but it is all that it is within my power to do. I hope a line may begin to be drawn, and a sad and lengthy chapter in many lives may be closed."
The six passengers who died were in the fourth carriage of the train, which became detached and flew into the air.
A passer-by died after being hit by debris.
The train was travelling at a legal speed - 98mph - and driver Gordon Gibson was cleared of any blame.
After the verdict, relatives pointed out that the jury was limited in what it could consider and said they wanted a public inquiry.
Network Rail later issued a statement: "Today we remember the lives lost eight years ago. Since then much changed.
"The railways are almost unrecognisable since the days of Railtrack and the Potters Bar tragedy of 2002.
"Private contractors are no longer involved in the day-to-day maintenance of the nation’s rail infrastructure as Network Rail took this entire operation, involving some 15,000 people, in-house in 2004.
"All of the recommendations made by both the industry's own formal inquiry and the Health and Safety investigation have been actioned.
"Today the railways are safer than they have ever been."
Potters Bar crash caused by points failure
BBC 30 July 2010 Last updated at 14:54 GMT
A points failure caused the Potters Bar train crash which killed seven people, an inquest jury has decided.
It said the points were in an unsafe condition and there had been failures to either inspect or maintain them.
The train hit faulty points south of Potters Bar station in Hertfordshire on 10 May 2002, injuring more than 70.
A Network Rail spokesman said much had changed since the crash, with private contractors no longer involved in day-to-day maintenance of infrastructure.
"Today we remember the lives lost eight years ago. Since then much has changed. The railways are almost unrecognisable," he said.
"All of the recommendations made by both the industry's own formal inquiry and the health and safety investigation have been actioned."
'Indefensible'
But the Rail Maritime and Transport union said it remained an "absolute scandal" that it had taken eight years to reach this point and get a verdict.
General secretary Bob Crow said: "It at least confirms what we already knew - that this tragic loss of life at Potters Bar could have been avoided if safety rather than profits had been the priority.
"Basic failures of inspection and of maintenance, driven by the greed and fragmentation of rail privatisation, led us to Potters Bar."
Coroner Judge Michael Findlay Baker QC also criticised the length of time families had to wait for the verdict.
He said: "Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology."
He also said the potential risks to rail passengers were ongoing, and promised to file a report expressing his concerns.
The King's Cross to King's Lynn train crashed as it reached Potters Bar, where it was not scheduled to stop, at about 1300 GMT.
Experts told the inquest the points near the station were "cracked" and "poorly" maintained.
Jurors heard that 10 months before the crash a workman was seen using a hammer and chisel to fix a point at Wood Green, north London.
They were told that a locking nut was missing from a bolt, but the workman failed to replace it.
Instead, the inquest heard, he struck the chisel along the thread of the bolt to try to stop the remaining nut coming unscrewed.
Jurors were also told that three separate reports had been filed about "rough rides" on the northbound approach to the station.
Of the seven people killed, six were passengers - Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin and Chia Chin Wu.
The seventh, Agnes Quinlivan, was hit by debris while walking nearby.
Speaking after the verdict, her daughter Pat Smith said: "We've waited eight long years for this. We all wanted a public inquiry we didn't get.
"We've listened to a catalogue of inadequacies and shoddy maintenance and shoddy management systems that should have been rectified a long time ago.
"We hope now they will put them right."
John Knights, 66, the father of 29-year-old victim Emma, said he was disappointed the inquest had failed to let the jury consider "systematic failures".
Nina Bawden, the widow of Mr Kark, added: "I would like to feel that the inquest has served the purpose of leading to improvements in safety on the railways."
Gerry Doherty, leader of the TSSA rail union, said: "The bosses of Jarvis should hang their heads in shame for prolonging the families' suffering by claiming in the immediate aftermath that the accident was down to vandalism.
"This proves once again the folly of rail privatisation whereby the pursuit of profit was placed as a higher goal than passenger safety."
The Office of Rail Regulation said it would now determine whether any criminal proceedings for health and safety offences should be brought.
And the Department for Transport said: "This inquest has allowed for a thorough investigation of the facts surrounding this tragedy in an open forum and we hope that it has enabled the families involved to participate and express their concerns."
The Association of Train Operating Companies, meanwhile, said safety procedures continued to improve but there was no room for complacency.
4:10pm UK, Friday July 30, 2010
Lulu Sinclair, Sky News Online
A disaster such as the Potters Bar train crash of 2002 could happen again, the coroner overseeing the inquest believes.
Judge Michael Findlay Baker QC issued the warning after the inquest jury blamed a points failure for the accident which led to the deaths of seven people.
There were failures of inspection and/or maintenance of the points in the period before the crash, the jury in Letchworth concluded.
Mr Baker said he would be filing a report to express concern that circumstances continued to create a risk of other deaths.
He was scathing about the time it had taken to reach the conclusion.
"Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible," he said.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology.
"It feels wholly inadequate, but it is all that it is within my power to do. I hope a line may begin to be drawn, and a sad and lengthy chapter in many lives may be closed."
The six passengers who died were in the fourth carriage of the train, which became detached and flew into the air.
A passer-by died after being hit by debris.
The train was travelling at a legal speed - 98mph - and driver Gordon Gibson was cleared of any blame.
After the verdict, relatives pointed out that the jury was limited in what it could consider and said they wanted a public inquiry.
Network Rail later issued a statement: "Today we remember the lives lost eight years ago. Since then much changed.
"The railways are almost unrecognisable since the days of Railtrack and the Potters Bar tragedy of 2002.
"Private contractors are no longer involved in the day-to-day maintenance of the nation’s rail infrastructure as Network Rail took this entire operation, involving some 15,000 people, in-house in 2004.
"All of the recommendations made by both the industry's own formal inquiry and the Health and Safety investigation have been actioned.
"Today the railways are safer than they have ever been."
Potters Bar crash caused by points failure
BBC 30 July 2010 Last updated at 14:54 GMT
A points failure caused the Potters Bar train crash which killed seven people, an inquest jury has decided.
It said the points were in an unsafe condition and there had been failures to either inspect or maintain them.
The train hit faulty points south of Potters Bar station in Hertfordshire on 10 May 2002, injuring more than 70.
A Network Rail spokesman said much had changed since the crash, with private contractors no longer involved in day-to-day maintenance of infrastructure.
"Today we remember the lives lost eight years ago. Since then much has changed. The railways are almost unrecognisable," he said.
"All of the recommendations made by both the industry's own formal inquiry and the health and safety investigation have been actioned."
'Indefensible'
But the Rail Maritime and Transport union said it remained an "absolute scandal" that it had taken eight years to reach this point and get a verdict.
General secretary Bob Crow said: "It at least confirms what we already knew - that this tragic loss of life at Potters Bar could have been avoided if safety rather than profits had been the priority.
"Basic failures of inspection and of maintenance, driven by the greed and fragmentation of rail privatisation, led us to Potters Bar."
Coroner Judge Michael Findlay Baker QC also criticised the length of time families had to wait for the verdict.
He said: "Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology."
He also said the potential risks to rail passengers were ongoing, and promised to file a report expressing his concerns.
The King's Cross to King's Lynn train crashed as it reached Potters Bar, where it was not scheduled to stop, at about 1300 GMT.
Experts told the inquest the points near the station were "cracked" and "poorly" maintained.
Jurors heard that 10 months before the crash a workman was seen using a hammer and chisel to fix a point at Wood Green, north London.
They were told that a locking nut was missing from a bolt, but the workman failed to replace it.
Instead, the inquest heard, he struck the chisel along the thread of the bolt to try to stop the remaining nut coming unscrewed.
Jurors were also told that three separate reports had been filed about "rough rides" on the northbound approach to the station.
Of the seven people killed, six were passengers - Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin and Chia Chin Wu.
The seventh, Agnes Quinlivan, was hit by debris while walking nearby.
Speaking after the verdict, her daughter Pat Smith said: "We've waited eight long years for this. We all wanted a public inquiry we didn't get.
"We've listened to a catalogue of inadequacies and shoddy maintenance and shoddy management systems that should have been rectified a long time ago.
"We hope now they will put them right."
John Knights, 66, the father of 29-year-old victim Emma, said he was disappointed the inquest had failed to let the jury consider "systematic failures".
Nina Bawden, the widow of Mr Kark, added: "I would like to feel that the inquest has served the purpose of leading to improvements in safety on the railways."
Gerry Doherty, leader of the TSSA rail union, said: "The bosses of Jarvis should hang their heads in shame for prolonging the families' suffering by claiming in the immediate aftermath that the accident was down to vandalism.
"This proves once again the folly of rail privatisation whereby the pursuit of profit was placed as a higher goal than passenger safety."
The Office of Rail Regulation said it would now determine whether any criminal proceedings for health and safety offences should be brought.
And the Department for Transport said: "This inquest has allowed for a thorough investigation of the facts surrounding this tragedy in an open forum and we hope that it has enabled the families involved to participate and express their concerns."
The Association of Train Operating Companies, meanwhile, said safety procedures continued to improve but there was no room for complacency.
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Re: UK: Potters Bar rail crash inquest
Potters Bar crash investigation reopens as inquest blames unsafe points
Rail watchdog to look into criminal charges after jury says maintenance failures led to accident in which seven died
* James Meikle and agencies
* guardian.co.uk, Friday 30 July 2010 15.35 BST
The official rail regulator, the Crown Prosecution Service and British transport police are to reopen investigations into whether criminal proceedings could be brought over the deaths of seven people in the Potters Bar rail crash eight years ago.
The Office of Rail Regulation (ORR), the independent safety watchdog, today told the Guardian it was to look again at the crash. In October 2005, the CPS said no charges of manslaughter by gross negligence could be brought.
Today's announcement came after an inquest at Letchworth, Hertforshire, found the crash had been caused by unsafe points.
A spokesman for the ORR said: "We welcome the conclusion of the Potters Bar inquest and note the verdict of the jury.
"We will now proceed to determine whether any criminal proceedings for health and safety offences should be brought in accordance with the work related deaths protocol." That would include detailed discussions with prosecutors and police.
The protocol exists because the CPS can only prosecute in relation to serious criminal activity, such as manslaughter, while the ORR can prosecute for health and safety offences.
A CPS spokeswoman said: "We will be looking to see whether any evidence came out of the inquest which would require us to review the decision."
The coroner said he would file a report warning of continuing potential risks to travellers, and the Department of Transport said it would consider this carefully. Judge Michael Findlay Baker QC, criticised the "indefensible" length of time families of the victims had had to wait for inquest to be held, saying they were due an apology.
More than 70 people were injured when the 12.45 King's Cross to King's Lynn train came off the rails as it approached the station, where it was not due to stop, at about 1pm on 10 May 2002.
There had been inspection and/or maintenance failures in the period before the crash, the inquest jury concluded, after a seven-week hearing.
Six passengers who died were in the fourth carriage of the train, which became detached and airborne, while the seventh victim, who had been walking nearby, was hit by debris.
The train was travelling at a legal speed – 98mph – and the driver, Gordon Gibson, was cleared of any blame.
The inquest was investigating the deaths of passengers Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin and Chia Chin Wu, and the pedestrian, Agnes Quinlivan.
The coroner said he would file a report under Rule 43 of the 1984 Coroners' Rules, which allows coroners to express concern that circumstances continue to create a risk of other deaths.
"Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology. It feels wholly inadequate, but it is all that it is within my power to do. I hope a line may begin to be drawn, and a sad and lengthy chapter in many lives may be closed."
Kark's widow, the writer Nina Bawden, said: "I would like to feel that the inquest has served the purpose of leading to improvements in safety on the railways."
Quinlivan's daughter Pat Smith said: "We've waited eight long years for this. We all wanted a public inquiry we didn't get. We've all had to sit through eight long weeks now of questions. We've listened to a catalogue of inadequacies and shoddy maintenance and shoddy management systems that should have been rectified a long time ago. We hope now they will put them right.
"We thank the jury because they seem to have listened but again they were limited as to what they could do."
John Knights, father of Emma, 29, said: "We are somewhat disappointed that the jury was not allowed to consider systemic failures of the accident, as opposed to being allowed to consider immediate causes."
Bob Crow, the general secretary of the Rail Maritime and Transport union, described the delays as an absolute scandal, and said the verdict "confirms what we already knew – that this tragic loss of life at Potters Bar could have been avoided if safety rather than profits had been the priority on our railways back in May 2002.
"Basic failures of inspection and of maintenance, driven by the greed and fragmentation of rail privatisation, led us to Potters Bar. Those responsible for creating that lethal culture – the politicians and their business associates – will never share the pain of the victims of their gross mismanagement. They have escaped prosecution for their role in this avoidable disaster.
"In the eight years between the Potters Bar tragedy and today's inquest verdict, two of the main players, [maintenance firm] Jarvis and Railtrack, have gone out of business. That makes a mockery of justice."
Crow said new cuts to maintenance could lead to the "the same poisonous cocktail" of conditions that led to Potters Bar.
A Network Rail spokesman said much had changed and railways were almost "unrecognisable" since the days of the tragedy.
"Private contractors are no longer involved in the day-to-day maintenance of the nation's rail infrastructure as NR took this entire operation, involving some 15,000 people, in-house in 2004. All of the recommendations made by both the industry's own formal inquiry and the health and safety investigation have been actioned. Today, the railways are safer than they have ever been."
Rail watchdog to look into criminal charges after jury says maintenance failures led to accident in which seven died
* James Meikle and agencies
* guardian.co.uk, Friday 30 July 2010 15.35 BST
The official rail regulator, the Crown Prosecution Service and British transport police are to reopen investigations into whether criminal proceedings could be brought over the deaths of seven people in the Potters Bar rail crash eight years ago.
The Office of Rail Regulation (ORR), the independent safety watchdog, today told the Guardian it was to look again at the crash. In October 2005, the CPS said no charges of manslaughter by gross negligence could be brought.
Today's announcement came after an inquest at Letchworth, Hertforshire, found the crash had been caused by unsafe points.
A spokesman for the ORR said: "We welcome the conclusion of the Potters Bar inquest and note the verdict of the jury.
"We will now proceed to determine whether any criminal proceedings for health and safety offences should be brought in accordance with the work related deaths protocol." That would include detailed discussions with prosecutors and police.
The protocol exists because the CPS can only prosecute in relation to serious criminal activity, such as manslaughter, while the ORR can prosecute for health and safety offences.
A CPS spokeswoman said: "We will be looking to see whether any evidence came out of the inquest which would require us to review the decision."
The coroner said he would file a report warning of continuing potential risks to travellers, and the Department of Transport said it would consider this carefully. Judge Michael Findlay Baker QC, criticised the "indefensible" length of time families of the victims had had to wait for inquest to be held, saying they were due an apology.
More than 70 people were injured when the 12.45 King's Cross to King's Lynn train came off the rails as it approached the station, where it was not due to stop, at about 1pm on 10 May 2002.
There had been inspection and/or maintenance failures in the period before the crash, the inquest jury concluded, after a seven-week hearing.
Six passengers who died were in the fourth carriage of the train, which became detached and airborne, while the seventh victim, who had been walking nearby, was hit by debris.
The train was travelling at a legal speed – 98mph – and the driver, Gordon Gibson, was cleared of any blame.
The inquest was investigating the deaths of passengers Austen Kark, Emma Knights, Jonael Schickler, Alexander Ogunwusi, Chia Hsin Lin and Chia Chin Wu, and the pedestrian, Agnes Quinlivan.
The coroner said he would file a report under Rule 43 of the 1984 Coroners' Rules, which allows coroners to express concern that circumstances continue to create a risk of other deaths.
"Whatever the causes, the passage of over eight years from the derailment to the conclusion of the hearing of the inquest is indefensible.
"The families are due a public apology, and as the current representative of the system whose abuse has led to this delay, I offer that apology. It feels wholly inadequate, but it is all that it is within my power to do. I hope a line may begin to be drawn, and a sad and lengthy chapter in many lives may be closed."
Kark's widow, the writer Nina Bawden, said: "I would like to feel that the inquest has served the purpose of leading to improvements in safety on the railways."
Quinlivan's daughter Pat Smith said: "We've waited eight long years for this. We all wanted a public inquiry we didn't get. We've all had to sit through eight long weeks now of questions. We've listened to a catalogue of inadequacies and shoddy maintenance and shoddy management systems that should have been rectified a long time ago. We hope now they will put them right.
"We thank the jury because they seem to have listened but again they were limited as to what they could do."
John Knights, father of Emma, 29, said: "We are somewhat disappointed that the jury was not allowed to consider systemic failures of the accident, as opposed to being allowed to consider immediate causes."
Bob Crow, the general secretary of the Rail Maritime and Transport union, described the delays as an absolute scandal, and said the verdict "confirms what we already knew – that this tragic loss of life at Potters Bar could have been avoided if safety rather than profits had been the priority on our railways back in May 2002.
"Basic failures of inspection and of maintenance, driven by the greed and fragmentation of rail privatisation, led us to Potters Bar. Those responsible for creating that lethal culture – the politicians and their business associates – will never share the pain of the victims of their gross mismanagement. They have escaped prosecution for their role in this avoidable disaster.
"In the eight years between the Potters Bar tragedy and today's inquest verdict, two of the main players, [maintenance firm] Jarvis and Railtrack, have gone out of business. That makes a mockery of justice."
Crow said new cuts to maintenance could lead to the "the same poisonous cocktail" of conditions that led to Potters Bar.
A Network Rail spokesman said much had changed and railways were almost "unrecognisable" since the days of the tragedy.
"Private contractors are no longer involved in the day-to-day maintenance of the nation's rail infrastructure as NR took this entire operation, involving some 15,000 people, in-house in 2004. All of the recommendations made by both the industry's own formal inquiry and the health and safety investigation have been actioned. Today, the railways are safer than they have ever been."