CPS to Reopen Criminal Investigations over Potters Bar rail Crash

CPS to Reopen Criminal Investigations over Potters Bar rail Crash

The official rail regulator, the CPS and British Transport Police are to reopen investigations into whether criminal proceedings could be brought over the deaths of seven people in the Potters Bar Rail crash, which occurred eight years ago.

The ORR has told the Guardian Newspaper it was to look at the crash again. This is a u-turn from October 2005, when the CPS said no charges of manslaughter or gross negligence could be brought.

The announcement came after an inquest found the crash had been caused by unsafe points.

An ORR spokesman said:

"We welcome the conclusion of the Potters Bar inquest and note the verdict of the jury. We will now proceed to determine whether any criminal proceedings for health and safety offences should be brought in accordance with work-related deaths protocol."

This protocol exists as the CPS can only prosecute in relation to serious criminal charges and the ORR can prosecute for health and safety-related charges.

A CPS spokesperson said,

"We will be looking to see whether any evidence came out of the inquest which would require us to review the decision."

The inquest for Potters Bar was investigating the deaths of the passengers and one pedestrian. The coroner has stated that he will file a report under Rule 43 of the 1984 Coroners’ Rule, which will allow a coroner to express concern that circumstances continue to create a risk of other deaths.

Bob Crow, general secretary for the Rail Maritime and Transport union said:

"[This report] confirms what we already knew – that this tragic loss of life at Potters Bar could have been avoided if safety rather than profits had been the priority on our railways back in May 2002."

Crow added that new cuts to maintenance could lead to the same ‘poisonous cocktail’ of conditions that led to Potters Bar.

Guardian
July 2010