David Dunning
Member
From BBC News
Network Rail and a 41-year-old signalman are to be prosecuted over the death of a woman hit by a train at a level crossing in Herefordshire.
Jane Harding, 52, was a passenger in a car that was hit by a train at Moreton-on-Lugg level crossing in January 2010.
Signalman Adrian Maund was arrested on suspicion of manslaughter in July 2010.
Prosecutors said there was insufficient proof for a manslaughter charge but it was in the public interest to prosecute under the 1974 Health and Safety Act.
'Employer's duty'
Jayne Salt, head of the West Midlands CPS complex casework unit, said: "I have advised the police that Adrian Maund, 41, who was the signalman responsible for that particular level crossing, should be summonsed under Section 7 of the Health and Safety Act 1974 for failing to take reasonable care for the health and safety of other people likely to be affected by his actions or omissions at work.
"I have also advised the police to summons Network Rail under Section 3 of the Health and Safety Act 1974 which imposes a duty on an employer to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected thereby are not exposed to risks to their health and safety."
A first hearing is due to take place at Birmingham Magistrates' Court on 5 October.
I post this for information and would suggest that comment was unwise as it is an active case and contempt of court rules apply to this forum as much as any other media outlet
Network Rail and a 41-year-old signalman are to be prosecuted over the death of a woman hit by a train at a level crossing in Herefordshire.
Jane Harding, 52, was a passenger in a car that was hit by a train at Moreton-on-Lugg level crossing in January 2010.
Signalman Adrian Maund was arrested on suspicion of manslaughter in July 2010.
Prosecutors said there was insufficient proof for a manslaughter charge but it was in the public interest to prosecute under the 1974 Health and Safety Act.
'Employer's duty'
Jayne Salt, head of the West Midlands CPS complex casework unit, said: "I have advised the police that Adrian Maund, 41, who was the signalman responsible for that particular level crossing, should be summonsed under Section 7 of the Health and Safety Act 1974 for failing to take reasonable care for the health and safety of other people likely to be affected by his actions or omissions at work.
"I have also advised the police to summons Network Rail under Section 3 of the Health and Safety Act 1974 which imposes a duty on an employer to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected thereby are not exposed to risks to their health and safety."
A first hearing is due to take place at Birmingham Magistrates' Court on 5 October.
I post this for information and would suggest that comment was unwise as it is an active case and contempt of court rules apply to this forum as much as any other media outlet