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Rail crash convictions overturned Rail crash convictions overturned
(40 minutes later)
A train driver found guilty of manslaughter after a rail crash which killed five people in March 1989 has had his convictions overturned. A train driver involved in a rail crash in which five people died has had his manslaughter convictions overturned.
Robert Morgan, 64, of Ferring, West Sussex, was operating a London-bound train which collided with another service outside Purley station.Robert Morgan, 64, of Ferring, West Sussex, was operating a London-bound train which collided with another service outside Purley station.
More than 80 other people were injured in the crash. More than 80 other people were injured in the crash in March 1989.
He was originally jailed for 18 months, 12 of which were suspended, but the term was cut to four months on appeal. He did plead guilty to two counts of manslaughter, but his appeal was based on new information which, if known at the time, could have changed his plea.
'Delighted and relieved' Mr Morgan was jailed in September 1990 for 18 months, 12 of which were suspended, but the term was later cut to four months on appeal.
Mr Morgan did plead guilty to two counts of manslaughter, but he launched a challenge to his convictions which was based around evidence concerning a particular signal on the line.
He was driving a Littlehampton to London Victoria train which went through a red light and collided with a Horsham to Victoria service.He was driving a Littlehampton to London Victoria train which went through a red light and collided with a Horsham to Victoria service.
New evidence was presented that signal T168 had been passed when on red on four occasions before the fatal crash, between 1984 and 1987, and then again in June 1991. Something about the infrastructure of this particular junction was causing mistakes to be made Lord Justice Latham
Three Appeal Court judges ruled Mr Morgan's convictions unsafe on Wednesday. But it was found following his conviction that there had been four previous Spad [signal passed at danger] incidents involving signal 168 in the five years prior to the fatal crash.
A statement issued through his solicitor after the hearing said he was "both delighted and relieved" at the appeal verdict. Mr Morgan's legal team said a "better understanding" of the signal's safety record had now been taken into account.
Sitting alongside two other judges at the Appeal Court on Wednesday, Lord Justice Latham said there were factors of "considerable significance" which had not been considered in 1990.
He said: "The history of signal 168... would have been a significant factor in any jury's evaluation of the extent to which the appellant's fault could have been said to have gone from being negligent - breach of duty - to being the sort of breach of duty which justified the imposition of criminal sanctions."
'Delighted and relieved'
And Lord Latham added that a further Spad two years after the crash, despite safety improvements at signal 168, meant that "something about the infrastructure of this particular junction was causing mistakes to be made".
"Had a jury known that, it is at the very least impossible for us to conclude that the jury would inevitably have nonetheless convicted the appellant of manslaughter," he concluded.
A statement issued through Mr Morgan's solicitor said he was "both delighted and relieved" that his convictions had been ruled unsafe.