Train Driver Charged Over Rail Death

 
Topic moved from News by dthead on 16 Mar 2015 21:53
  mickamious Junior Train Controller

http://www.heraldsun.com.au/news/law-order/train-driver-charged-over-teens-fatal-fall-at-toorak-railway-station/story-fni0fee2-1227225845977

This is interesting.. somebody dies from falling through a gap, due to being silly as stated in previous news reports but a train driver is charged over the death???
One could say the same for every suicide that happens on the rail then couldn't it?
This is going to be quite an interesting case considering this could set a very, very strong precedent should they train driver be found guilty but i don't understand how he can be charged over this matter to be honest... If someone's being stupid, they are responsible for their own actions aren't they?

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  trainbrain Deputy Commissioner

Are we all missing something here?
  awsgc24 Minister for Railways

Location: Sydney
This is interesting.. somebody dies from falling through a gap,
Grosso

At the time of the 2000 Olympics in Sydney, a lot of work was started to reduce the gap and the step between platforms and the train. At many stations, the gap was reduced by fixing a cantilevered block to the platform. The step is harder to fix, since it is often problematic to raise the track.

Has anything like this been done in Melbourne?

At the station where the boy fell, what was the size of the gap and the step?
  Nightfire Minister for Railways

Location: Gippsland
Did the driver fail their drug test, conducted after the Inident ?

Investigators love to point the finger at the first form of non compliance !
  Katie Caboose Station Master

Location: near Rosstown railway- long wait between trains
The police wouldn't proceed if they didn't have damning evidence. The driver was charged with conduct endangering life, so there might be CCTV of the poor guy doing something he shouldn't, like maybe driving off too soon without checking for teenagers scrambling to open the door. That's his legal responsibility. We don't know if Mitchell was even visible from the cab, but the police would check lines of sight etc etc. The report says he died at 11.55pm, and the train was due to leave at 11.58pm, so perhaps the train leaving early was significant??? A driver who caused death through negligence would be just as traumatised as any other driver, and could even have admitted his mistake in interviews, and police had to act on it. Lots of very sad maybes and what ifs.
  bevans Site Admin

Location: Melbourne, Australia
Slipped and fell through the gap... Doesn't seem right to me...
To slip on bitumen which is what most platforms are, one would think your running? You don't generally slip when your walking?
I think there is alot more to this story then what's been released in the above papers..
Grosso

More to this story?  In what way?  

The GAP between the train and the platform is pretty damn narrow and I am not sure even the thinest of us (not including me) could fit through the gap.  How could the injuries have been so severe as to case death?
  davesvline Chief Commissioner

Location: 1983-1998
More to this story?  In what way?  

The GAP between the train and the platform is pretty damn narrow and I am not sure even the thinest of us (not including me) could fit through the gap.  How could the injuries have been so severe as to case death?
bevans
The video footage shown in the attached clip in a previous post shows a curved platform. Was this the actual station in question (and not some journo turning up at any station and rolling the camera). If so, do these curved platforms compromise a drivers ability to see the length of their train is clear, in order to make a decision to move off??
Or in these situations, are there screens at the drivers end of the platform showing camera views of all portions of the trains length to assist with this??

Regards
  freightgate Minister for Railways

Location: Albury, New South Wales
Any loss of life is tragic.

With regard to the driver how must he be feeling. It would be bad enough to have a loss of life on your hands but then to be criminally charged in relation to it whilst doing your job must be horrific for the driver and his family.

This sets a dangerous precedent. What did the coroner say if anything ?
  mickamious Junior Train Controller

Any loss of life is tragic.

With regard to the driver how must he be feeling. It would be bad enough to have a loss of life on your hands but then to be criminally charged in relation to it whilst doing your job must be horrific for the driver and his family.

This sets a dangerous precedent. What did the coroner say if anything ?
freightgate

My thoughts exactly mate,

Umm, i don't think the report comes out till next month or later according to the ATSB?
  JoppaJunction Chief Train Controller

Location: Banned
My thoughts exactly mate,

Umm, i don't think the report comes out till next month or later according to the ATSB?
Grosso

How could the police charge the driver without the coroners report which is an investigation into the accident?
  JoppaJunction Chief Train Controller

Location: Banned
How the F*ck should i know?
I'm assuming their isn't one out but then again one would think there should be i guess?
Google it?
Grosso

I am not saying you are wrong.  I am saying it does not make sense to charge someone without a coroners report in such an instance.  There has to be more to this?
  donttellmywife Chief Commissioner

Location: Antofagasta
I am not saying you are wrong.  I am saying it does not make sense to charge someone without a coroners report in such an instance.  There has to be more to this?
JoppaJunction
I think you misunderstand the role of the coroner in Victoria.  A coroners report is not required to lay charges, though charges may be laid as a consequence of an investigation initiated after advice from the coroner.  Coronial investigations are suspended while criminal or other court procedings are underway.
  ZH836301 Chief Commissioner

Location: BleakCity
This is interesting.. somebody dies from falling through a gap, due to being silly as stated in previous news reports but a train driver is charged over the death???
mickamious
Duty of care.

Nobody should be whining about precedents, it's the same as per any other occupation.
  gordon_s1942 Chief Commissioner

Location: Central Tablelands of NSW
There are too many details that havent been fully explained to result in this Driver being charged.
It was always my understanding that the Driver always looked ahead and the Guard along with any platform staff watched the train as it departed.
I have noted in recent incidents in Victoria where vehicles have hit a train on a Level Crossing, there has been an inference made in the reports that its the Train Drivers Fault their train has been run into.
  DalyWaters Chief Commissioner


It was always my understanding that the Driver always looked ahead and the Guard along with any platform staff watched the train as it departed.
gordon_s1942
No guards in Victoria.

No station staff at Heyington.
  freightgate Minister for Railways

Location: Albury, New South Wales
Was the train moving when the youth was hurt ?

If te train was moving the doors would have been secured.
  8077 Chief Train Controller

Location: Crossing the Rubicon
It just might be the doors were being held open by his friends as he ran toward a moving train and as a result of attempting to board the moving train he slipped into the gap and in the end the injuries caused his death.
  Braddo Deputy Commissioner

Location: Narre Warren
Was the train moving when the youth was hurt ?

If te train was moving the doors would have been secured.
freightgate
Not necessarily if it was a Comeng, I've seen those drive with a door open. Rare, but it can happen.
  DalyWaters Chief Commissioner

Not necessarily if it was a Comeng, I've seen those drive with a door open. Rare, but it can happen.
Braddo
It was an XTrap.
  mickamious Junior Train Controller

Not necessarily if it was a Comeng, I've seen those drive with a door open. Rare, but it can happen.
Braddo

Agreed,
The comengs can be forcefully opened (last i went on one that is back when i was 16 so a good 10 years) i dont think the Xtraps can?
  RTT_Rules Dr Beeching

Location: Dubai UAE
Any loss of life is tragic.

With regard to the driver how must he be feeling. It would be bad enough to have a loss of life on your hands but then to be criminally charged in relation to it whilst doing your job must be horrific for the driver and his family.

This sets a dangerous precedent. What did the coroner say if anything ?
freightgate
This  "...to be criminally charged in relation to it whilst doing your job..." is a statement with an implied assumption.

The subsequent court case will I assume determine if the assumption is true or not.

The actions and intentions of the Police  are clear what they believe.
  DalyWaters Chief Commissioner

This  "...to be criminally charged in relation to it whilst doing your job..." is a statement with an implied assumption.

The subsequent court case will I assume determine if the assumption is true or not.

The actions and intentions of the Police  are clear what they believe.
RTT_Rules
Maybe not so clear.

The Police laid the charge just a few days before one year after the event.
They may well have been working on a statute of limitations that stopped them laying charges more than one year after the event.  If so, they may still be unsure but have put it to the courts anyway.
  Alco_Haulic Chief Commissioner

Location: Eating out...
Any loss of life is tragic.

With regard to the driver how must he be feeling. It would be bad enough to have a loss of life on your hands but then to be criminally charged in relation to it whilst doing your job must be horrific for the driver and his family.

This sets a dangerous precedent. What did the coroner say if anything ?
freightgate
And may train drivers be welcomed to the B.S. that truck drivers are already subjected to.
  Valvegear Dr Beeching

Location: Norda Fittazroy
I will not assume anything or try to second-guess the police, but I will be very interested to hear the prosecution evidence.

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