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| Version 4 | Version 5 |
|---|---|
| Rail crash convictions overturned | Rail crash convictions overturned |
| (40 minutes later) | |
| A train driver involved in a rail crash in which five people died has had his manslaughter 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 in March 1989. | More than 80 other people were injured in the crash in March 1989. |
| He did admit two counts of manslaughter but appealed due to new information which, if known at the time, would have enabled him to plead not guilty. | |
| 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 was jailed in September 1990 for 18 months, 12 of which were suspended, but the term was later cut to four months on appeal. |
| He was driving a Littlehampton to London Victoria train which went through a red light and collided at 60mph with a Horsham to Victoria service. | |
| Something about the infrastructure of this particular junction was causing mistakes to be made Lord Justice Latham | Something about the infrastructure of this particular junction was causing mistakes to be made Lord Justice Latham |
| 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. | 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. |
| Mr Morgan's legal team said a "better understanding" of the signal's safety record had now been taken into account. | 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. | 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." | 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' | '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". | 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. | "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. |
| Mr Morgan was placed in a position where he had no alternative other than to plead guilty Gary Rubin | |
| A statement issued through Mr Morgan's legal team said he was "both delighted and relieved" that his convictions had been ruled unsafe. | |
| Solicitor Gary Rubin said: "It is unfortunate that at the time when this tragic accident occurred, the significance of this particular signal being passed at danger on four previous occasions was not properly understood. | |
| "Due to this lack of understanding at the time, Mr Morgan was placed in a position where he had no alternative other than to plead guilty. | |
| "The impact of the better understanding has been material to the [appeal] court taking the rare step of quashing a conviction where there had been an original guilty plea so long ago." | |
| Mr Rubin added that his client's thoughts remained "with the families that lost loved ones". |