Alton Towers faces ‘very large fine’ as it admits failings over rollercoaster crash

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ALTON TOWERS operator Merlin has indicated a guilty plea to a charge of breaching the Health and Safety at Work Act over the Smiler rollercoaster crash in June last year which left five people seriously injured.

Merlin Attractions Operations Ltd had previously accepted responsibility for the crash after carrying out its own internal investigation following the incident, which resulted in two women having legs amputated after their carriage collided with a stationary carriage on the same track.

Leah Washington and Joe Pugh, from Barnsley, arrive at North Staffordshire Justice Centre, where Alton Towers operator Merlin indicated a guilty plea to a charge of breaching the Health and Safety at Work Act

Leah Washington and Joe Pugh, from Barnsley, arrive at North Staffordshire Justice Centre, where Alton Towers operator Merlin indicated a guilty plea to a charge of breaching the Health and Safety at Work Act

The guilty plea indication came as the case was being heard at North Staffordshire Justice Centre in Newcastle-under-Lyme.

District Judge Jack McGarva warned that the company “may be ordered to pay a very large fine”.

Entering a plea on behalf of the operator, Merlin’s counsel Simon Antrobus said: “I’m duly authorised on behalf of the company to enter a guilty plea to the charge.

“That will be subject to a basis of plea and will be for discussion and prior agreement with the prosecution in due course.”

A carriage involved in the Smiler crash at Alton Towers, shows how the front barrier became crushed against the seating area.

A carriage involved in the Smiler crash at Alton Towers, shows how the front barrier became crushed against the seating area.

He added: “The company is accepting additional reasonable and practicable measures could have been taken to guard against the safety risk that arose on the day.”

The prosecution has been brought by the Health and Safety Executive (HSE), which outlined its case against the park’s bosses during the hearing.

Also present in the public gallery were the five most seriously injured and their families, including Leah Washington, from Barnsley, who lost a leg in the crash, and her friend, Joe Pugh. Vicky Balch, from Lancashire, who also lost a leg in the crash, sat nearby.

Bernard Thorogood, for the HSE, said its case was that the ride’s operatives “overrode” the controlling computer system’s actions to stop the ride, and that there had been an “absence of a proper settled system” for staff to work through problems on the ride as and when they occurred.

The aftermath of the Smiler accident at Alton Towers

The aftermath of the Smiler accident at Alton Towers

He told the court: “The Smiler rollercoaster came into operation in 2013 in May and in our schedule ran from then until the time of the accident at the beginning of June 2015 in a way that was not as safe as it should have been.

“The mechanical and computer-related operation of the ride were found to be without any fault at all.

“It was a mechanically sound computer-operated ride which required human intervention at many points during operation.

“There was an absence of a proper settled system for staff to work to in certain situations and one of those was that when one of the up-to-five trains came to a halt around the system in one section there was not a good enough system for staff to interact with that problem and a proper procedure to sort it out.

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

“The upshot was that on June 2 although the computer-controlled system was correctly showing one of the farthest parts of the ride, the Cobra Loop, there was a stationary train, staff didn’t see it and there wasn’t a system to see it.

“They overrode the computer block on the system and sent the train with some of those sitting here today around the ride.

“As a result those in the train were injured when their train came into collision with the stationary train.

“Those in the front row suffered the greatest physical injuries and were life-changing in many cases.”

Mr Thorogood said the serious nature of the injuries suffered and the potentially “very high level of fine” the case may attract, given Merlin was a “£250 million-a-year turnover” company, meant the case should be moved to a higher court for sentence.

District Judge McGarva agreed and, giving his decision, said: “This is a case which involved a very high culpability on the part of the defendant in my view and exposed the victims to a high likelihood of very serious harm.

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

“This is a case involving a large organisation which may be ordered to pay a very high fine.

“Clearly this falls into a category of requiring allocation to the crown court - and that’s what I’ll do.”

The case was adjourned until a date to be fixed at Stafford Crown Court.

One of the Yorkshire victims of the crash previously said he would have preferred the ride to remain closed.

Joe Pugh was speaking last month on the eve of the ride reopening for the new season.

Mr Pugh, then aged 18, was in the front carriage with Leah Washington, then 17, when it smashed into another car.

He said: “I think it would have been a bit unrealistic if we had both said ‘I don’t think it’s ever going to reopen again’ because it always was going to, but if people choose to go on it that’s up to them.

“Seeing it go round, it’s not something that I want to see. I would have preferred for it to be closed.”

Speaking about how he had been coping emotionally in the nine months since the accident, he said: “I think we have been better than people probably expect, (we are) just trying to keep positive all the time and actually realising how far we’ve come and how well we have actually done.”

Mr Pugh was left with life-changing injuries after both his kneecaps were shattered, while Ms Washington was one of two victims to have a leg amputated.

He said: “It’s our parents that have struggled the most with emotional stuff, we kind of help them because we’re so positive.

“We help them and make them understand that we are fine, we’re still here and we’ve got to move on.”

Daniel Thorpe, from Buxton, Derbyshire, who was 27 when the crash happened, and Chandaben Chauhan, from Wednesbury, West Midlands, were also seriously injured in the incident.

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers

Newly-released picture from the Health and Safety Executive of a carriage involved in the Smiler crash at Alton Towers