Rail firm and worker guilty over crossing death

Jane Harding, 52, died when the car she was travelling in as a passenger was hit by a train in Moreton-on-Lugg, Herefordshire, in 2010.

The driver, Mrs Harding’s husband Mark, was also seriously injured in the incident on January 16 2010.

A trial at Birmingham Crown Court heard signalman Adrian Maund raised the level crossing barriers by mistake when the train, travelling from Manchester to Milford Haven, was approaching.

Jurors also heard that Network Rail had decided not to install a safety device which would have detected the oncoming train and kept the barriers down, the Crown Prosecution Service (CPS) said.

Both Maund, from Leominster, Herefordshire, and the 42-year-old’s employer Network Rail had denied breaching health and safety regulations. But yesterday a jury found them both guilty of breaching laws under the Health and Safety Act 1974.

Maund was found guilty of breaching Section 7 of the Act for failing to take reasonable care for the health and safety of other people.

Network Rail was found guilty of a charge which imposes a duty on an employer to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health and safety. They will be sentenced at Birmingham Crown Court in April 10.

In a statement following the verdict, a Network Rail spokesman said: “Since the accident alterations have been made at Moreton, and other similar crossings, to prevent such a rare signaller error leading to tragic consequences.”