Maidstone: Case adjourned on Network Rail over Doug Caddell level crossing incident in East Farleigh
18:25, 19 November 2018
updated: 18:53, 19 November 2018
Sentence has been adjourned on Network Rail over safety failures when an employee was seriously injured at a manual level crossing.
Signaller Doug Caddell had warned about the dangers of cars using the crossing only hours before he was knocked unconscious and suffered a broken neck.
Network Rail was found guilty in May of contravening the Management of Health and Safety at Work Regulations 1999 between February 23, 2014 and April 25, 2015 by failing to make a suitable and sufficient assessment of the health and safety risks to employees.
The jury could not reach a verdict on a second charge of failing to discharge the duty imposed by the Health and Safety at Work Act of 1974 by not ensuring the health, safety and welfare at work of its employees, and a retrial on that charge was not sought.
Judge Philip Statman was due to impose a fine on Network Rail today, but after several hours of submissions he adjourned until December 13.
“I need time to think about the submissions made,” he said.
Maidstone Crown Court heard Mr Caddell had emailed his boss on April 24, 2015, to report that a car drove through the crossing at East Farleigh, near Maidstone, as he was closing the gates.
He made some suggestions to line manager Geoffrey Orman as to how the crossing could be made safer.
But then at about 1.25pm that day a car struck the gates as Mr Caddell, 65, was closing them.
He was knocked to the ground and suffered two broken vertebrae in his neck.
He was treated in a London hospital until May 9.
"He made good progress but continued to suffer with a number of health problems," said prosecutor William Davis.
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