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All across the Great Western territory => The Wider Picture - related rail and other transport issues => Topic started by: inspector_blakey on November 10, 2011, 02:07:17



Title: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: inspector_blakey on November 10, 2011, 02:07:17
Details of a tragic accident that has subsequently taken an unusual turn - a story to keep an eye on.

Full article:
BBC: Georgia Varley dies in Liverpool railway station fall (http://www.bbc.co.uk/news/uk-england-merseyside-15442783)
Quote
A girl has died after falling between a carriage and the platform at a Liverpool railway station, apparently while running after a train.

Georgia Varley, 16, of Wallasey, Wirral, died at Liverpool James Street station late on Saturday night, British Transport Police (BTP) said.

Police believe she had been running to catch a train home that had friends and family on board.

Some bystanders needed treatment for shock after witnessing her death.

About 40 passengers were on the platform at the time of the incident, which involved the 23:01 BST Merseyrail service to West Kirby.

It is thought Georgia had been on a night out.

BTP said Ms Varley fell between a train and the platform and was killed as the train left the station.

Full story of developments reported yesterday:
BBC: Merseyrail man interviewed over Georgia Varley death (http://www.bbc.co.uk/news/uk-england-merseyside-15640188)
Quote
A Merseyrail employee has been interviewed by police over the death of a teenage girl at a Merseyside station.

Georgia Varley, 16, was killed when she fell between a train and the platform at James Street station on 22 October.

The teenager from Wallasey had been celebrating at an 18th birthday party with friends before the incident.

British Transport Police interviewed a 44-year-old man under caution and released him on bail until 11 January. Merseyrail said it had suspended him.

A Merseyrail spokesman said: "Merseyrail and its staff will continue to co-operate fully with British Transport Police to ensure that the full facts are established as soon as possible so that Georgia's family and friends can find answers to exactly what happened and help them to come to terms with their loss.

"We extend our deepest sympathy to Georgia's family and friends at this difficult time."

He said that the employee had been suspended on full pay.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: inspector_blakey on December 08, 2011, 18:28:23
Now the subject of an investigation by the RAIB:

http://www.raib.gov.uk/publications/current_investigations_register/111022_Liverpool_James_St.cfm (http://www.raib.gov.uk/publications/current_investigations_register/111022_Liverpool_James_St.cfm)


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on February 06, 2012, 20:21:30
From the British Transport Police press release (http://www.btp.presscentre.com/SuperMail/Man-charged-following-death-of-Georgia-Varley-at-James-Street-rail-station-Liverpool-18db.aspx):

Quote
Man charged following death of Georgia Varley at James Street rail station, Liverpool

A 44-year-old man from Wallasey has today, Friday 3 February, been charged with manslaughter by gross negligence and will appear at Liverpool City Magistrates^ Court on 23 February.

The charge relates to an incident at James Street rail station, Liverpool, on 22 October 2011, in which a 16-year-old girl suffered fatal injuries.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on February 08, 2012, 20:17:35
From the Wirral News (http://www.wirralnews.co.uk/wirral-news/local-wirral-news/west-wirral-news/2012/02/08/merseyrail-guard-charged-with-manslaughter-over-georgia-varley-james-street-station-death-80491-30284176/):

Quote
Merseyrail guard charged with manslaughter over Georgia Varley James Street station death

A Merseyrail guard will appear in court charged with manslaughter over the death of Wirral teenager Georgia Varley at a Liverpool train station.

Georgia, 16, from Moreton, was killed in October when she slipped between a train and the platform at James Street station.

The Birkenhead Sixth Form College pupil was part of a large group of youngsters who left an 18th birthday party in Hoylake and were heading into the city centre when tragedy struck.

A 44-year-old guard was suspended almost immediately and yesterday British Transport Police announced they had pressed charges following a three month investigation.

Christopher James McGee, of Edenhurst Avenue, Wallasey, will appear at Liverpool magistrates court later this month accused of manslaughter by gross negligence.

Friends who saw what happened said Georgia mistakenly stepped off the train a stop too soon and bent down to put on the shoes she had taken off.

By the time she stood up and realised her mistake the doors had closed behind her as the train prepared to move off.

A friend called through the window to tell her to stand back and they would go back for her, but her inquest heard how CCTV footage captured her leaning against the train.

Georgia was then seen moving along the platform, possibly clinging to the train, before falling down the gap, where she died.

Friends on board described the emergency brakes going on as the train pulled away from the station and an announcement in the carriages which said: ^Stay calm, we have hit someone.^

Georgia^s dad, Paul Varley, and friends have since begun to campaign for safety gates to be installed in Merseyrail stations to make sure such a tragedy cannot happen again.

A BTP spokesman said: ^A 44-year-old man from Wallasey has been charged with manslaughter by gross negligence and will appear at Liverpool City Magistrates^ Court on February 23.

^The charge relates to an incident at James Street rail station, Liverpool, on October 22 2011, in which a 16-year-old girl suffered fatal injuries.^

A Merseyrail spokesman confirmed the accused was an employee of the company.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on February 08, 2012, 23:38:50
:-/ this doesn't add up to me, I wish they would refrain from publishing half of the story and wait for the report to be published


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on February 08, 2012, 23:51:16
Any legal aspects arising from such incidents can often take primacy over, for example, a RAIB report.

It would, I think, be unfair on all parties to wait for an official report before BTP/CPS decided on whether to begin or continue legal proceedings. RAIB reports can take up to a year to reach their findings and it should also be noted that the RAIB don't seek to apportion blame.
 
The above are general observations. Please can I remind all forum members that this is now a very serious legal matter and ask that you refrain from making supposition or apportioning blame.



Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: 6 OF 2 redundant adjunct of unimatrix 01 on February 09, 2012, 09:15:34
Exactly,so far reading from the articles quoted it sounds like 3 different events are being discussed? Anyway we will see when investigations are finished


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on February 24, 2012, 17:51:48
From Click Liverpool (http://www.clickliverpool.com/news/local-news/1215382-dad-of-tragic-georgia-varley-faces-rail-guard-accused-in-court.html):

Quote
Dad of tragic Georgia Varley faces rail guard accused in Liverpool court

The father of a schoolgirl killed when she fell beneath a train has come face-to-face with the rail guard accused of her manslaughter.

Christopher McGee, 45, was arrested and suspended from his job with Merseyrail following the death of 16 year-old Georgia Varley at an underground station.

The "popular and beautiful" A-level pupil allegedly tried to get back on a Merseyrail train at James Street station in Liverpool on a half-term night out on October 22nd last year.

Tragic Georgia is thought to have left the train before her friends at the wrong station and tried to board again but slipped and fell beneath the Liverpool to West Kirby service.

Around 40 commuters were on the train platform at the city centre station when Georgia Varley died and some of them were treated for shock and offered counselling.

McGee, from Wallasey, Wirral, appeared at Liverpool Magistrates Court accused of manslaughter by gross negligence. He did not enter a plea and spoke only to confirm his name and address.

The court heard through defence counsel Mr Cassidy that Mr McGee would fully contest the charge of unlawful killing and was "sincerely" sorry that Georgia had died.

Mr Cassidy said: "Mr McGee would like to take this opportunity to sincerely express his condolences to the family of friends of Georgia Varley."

District Judge Richard Clancy reffered the case to crown court until 8th March and asked anxious McGee if he understood the "serious nature" of the charge of unlawful killing. He said: "Due to the serious nature of this incident I am referring this case to the crown court and you will be released on condition of the bail."

The tall rail guard stood nervously in the witness stand and nodded before leaving with an entourage who flanked him as he left the building.

Paul Varley, from New Brighton on Wirral, was comforted by a group of six friends and family as the man accused of causing his daughter's death was released on bail.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 05, 2012, 20:35:20
From the BBC (http://www.bbc.co.uk/news/uk-england-merseyside-20211498):

Quote
Georgia Varley death: Christopher McGee, Merseyrail guard, blamed in court

A Merseyrail guard charged with the manslaughter of a teenager at a station was the only person who could have prevented her death, a court has heard.

Georgia Varley, 16, from Wallasey, Wirral, died when she fell between the carriage and platform at Liverpool's James Street station in October 2011.

The city's crown court heard she was very drunk and had taken mephedrone.

Christopher McGee, 45, who gave the signal to start the train, denies manslaughter by gross negligence.

The court heard Georgia had been at a birthday party in Wirral and had travelled on the Merseyrail train into Liverpool before the incident happened at about 23:00 GMT on 22 October.

Opening the case, the prosecution said she had been drinking and had the drug mephedrone in her system.

The jury was shown CCTV footage of Georgia standing on the platform at James Street station with her hands on the train. The footage then showed her falling as the train pulled away.

The prosecution said Mr McGee gave the signal to start the train when he could not have failed to realise Georgia was in contact with the train and was inebriated.

The court heard Mr McGee must have already known Georgia was drunk as he had seen her and a friend get off the train and back on again at Meols station, on the way to Liverpool.

The prosecution said he was the only person with the capability to prevent the situation which led to her death.

The jury heard Mr McGee told colleagues and the police he thought Georgia was moving away from the train when he gave the driver the signal to go.

But in his defence statement, he said it could be reasonably anticipated that she would move away as the train started to move.

The trial continues.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on November 05, 2012, 22:46:32
Moderator hat on.

May I point out the last line of that news item quoted by Chris from Nailsea:

Quote
The trial continues.

Discussion is welcome, but care needs to be taken when expressing opinions. I've seen some comments elsewhere on the internet that may potentially fall foul of sub judice laws should they come to the attention of the court involved in this case.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 12, 2012, 20:48:22
From the BBC (http://www.bbc.co.uk/news/uk-england-merseyside-20300061):

Quote
Georgia Varley rail death: Guard thought she was not in danger

A Merseyrail guard accused of causing the death of a teenager who fell under a train did not know she was in danger, Liverpool Crown Court has heard.

Georgia Varley, 16, from Moreton, Wirral, died when she fell between the carriage and platform at Liverpool's James Street station in October 2011.

The court heard she was drunk and was leaning on the side of the carriage when the train began to depart.

Guard Christopher McGee, 45, denies manslaughter.

Mr McGee, of Edenhurst Avenue, Wallasey, who gave the signal for the train to set off, also denies failing to take reasonable care contrary to the Health and Safety at work Act. He said he believed Georgia was moving away from the train when he gave the signal for the driver to depart.

Cross-examined by Nick Johnson QC for the prosecution Mr McGee said: "She looked like she was talking through the window or banging on the window."

Mr Johnson said CCTV showed Georgia was leaning against the carriage.

"I thought she was moving away," the defendant replied. "I didn't think she was in any danger."

Earlier, the court heard that Georgia had gone into Liverpool for a night out with her friends. A blood analysis following her death showed she had 236mg of alcohol per 100ml of blood and the drug mephedrone in her system at the time of her death. The alcohol limit for driving is 80mg per 100ml.

CCTV footage shown to the jury showed Georgia mistakenly getting off the train just before 23:30 GMT on 22 October last year, before turning around and leaning against the side as she realised her friends were still on board. The footage then showed her falling as the train pulled away.

Mr McGee told the court he did not know how drunk Georgia had been. He said: "If I had known she was drunk I would have got her friends to look after her, but I didn't know."

The trial continues.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 14, 2012, 17:17:09
From the BBC (http://www.bbc.co.uk/news/uk-england-merseyside-20328125):

Quote
Georgia Varley train death: Guard guilty over rail death fall

(http://news.bbcimg.co.uk/media/images/64144000/jpg/_64144940_varley.jpg)
Georgia Varley fell between the train and the platform at James Street

A Merseyrail guard has been found guilty of causing the death of a 16-year-old girl who died after falling under a train at a Liverpool station.

Georgia Varley died when she fell between the carriage and platform at James Street station in October 2011.

Christopher McGee, 45, had denied manslaughter but was found guilty at Liverpool Crown Court. He signalled for the driver to depart as Miss Varley, who was drunk, stood on the platform leaning against the train.

The prosecution said McGee should have been able to see that she was in an "intoxicated state". But he told the jury he thought the sixth form student was moving away from the train when he gave the signal to depart. He also said he did not know how drunk she had been.

(http://news.bbcimg.co.uk/media/images/63944000/jpg/_63944790_mcgeecopy.jpg)
Christopher McGee was found guilty of causing the death of Georgia Varley

McGee, of Wallasey, Wirral, was found guilty of manslaughter by gross negligence and the jury was then discharged from reaching a verdict in an alternative, lesser charge under the Health and Safety at Work Act.

Miss Varley, from Moreton, Wirral, had been at a house party before she went into Liverpool for a night out with her friends when the tragedy happened on 22 October last year. A blood analysis following her death showed she had 236mg of alcohol per 100ml of blood in her system - the legal driving limit is 80mg. She also had the drug mephedrone in her system at the time of her death.

During the trial, the jury was shown CCTV footage of the moments before the teenager's death. The footage showed Miss Varley mistakenly getting off the train just before 23:30 BST, before turning around and leaning against the side as she realised her friends were still on board. She was then seen to stagger and fall down the gap as the train moved off, before stopping after travelling about 30ft (9m).

Mr Justice Holroyde said he would pass sentence at 10:00 BST on Thursday. He remanded McGee in custody saying it was a "very serious offence" and said he faces a sentence of imprisonment.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Brucey on November 14, 2012, 17:37:59
As a verdict has now been passed, I will also pass my opinion.  To say I am shocked with the verdict is an understatement.  In particular, I find the second paragraph of this quote disturbing.  How many teenagers lean on trains as they are ready to depart on a typical weekend?
Quote from: BBC
Speaking outside court, Miss Varley's mother, Paula Redmond, 41, said: "Christopher McGee will complete his sentence and return to his family. Mine is now gone forever.

"We have listened as our daughter was portrayed as being a drunken liability when, in all honesty, she did no more than what many teenagers do of a weekend - she went out to celebrate her friend's birthday.

"The only liability that night was a train guard whom Georgia had the catastrophic misfortune to encounter.

"For he had very little, if any, regard at all for our daughter and her safety."

Ms Redmond said her daughter was "an absolute joy to be around".

"To say she was a wonderful, amazing daughter would be a massive understatement," she added.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: LiskeardRich on November 14, 2012, 18:07:19
As a verdict has now been passed, I will also pass my opinion.  To say I am shocked with the verdict is an understatement.  In particular, I find the second paragraph of this quote disturbing.  How many teenagers lean on trains as they are ready to depart on a typical weekend?
Quote from: BBC
Speaking outside court, Miss Varley's mother, Paula Redmond, 41, said: "Christopher McGee will complete his sentence and return to his family. Mine is now gone forever.

"We have listened as our daughter was portrayed as being a drunken liability when, in all honesty, she did no more than what many teenagers do of a weekend - she went out to celebrate her friend's birthday.

"The only liability that night was a train guard whom Georgia had the catastrophic misfortune to encounter.

"For he had very little, if any, regard at all for our daughter and her safety."

Ms Redmond said her daughter was "an absolute joy to be around".

"To say she was a wonderful, amazing daughter would be a massive understatement," she added.

I also find it disturbing as it is illegal for a 16 year old to drink alcohol, and also illegal substances in her blood, definitely something many I know never did.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 14, 2012, 18:15:52
It is not illegal for a 16 year old to drink alcohol: it is illegal for them to buy alcohol.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on November 14, 2012, 21:24:11
There may well be much more substance to the decision behind this guilty verdict when the RAIB report is released from embargo and published. I believe this will be later this week, subject to some legal arguments that may still be being made. The Office of Rail Regulation and the parties involved in this criminal case have already received copies of the RAIBs full report.

http://www.raib.gov.uk/publications/investigation_reports/reports_2012/report222012.cfm



My personal take:

This was a very tragic incident and, as I see it, both Georgia Varley and Christopher McGee were to blame. Georgia's mistakes led to her paying the ultimate price for her foolhardly actions and Christopher McGee's mistakes have led to him losing his career, receiving a criminal record and having to live with the knowledge that he was partly to blame for the death of someone. He may also lose his liberty, having been remanded in custody and told by the trial judge that he may face a custodial sentence, although a manslaughter conviction has a very wide range of sentencing options from absolute discharge up to life imprisonment.

We have a great legal system in this country and I think the verdict reached is the correct one. Others may disagree, but regardless of the 'state' someone is in, train guards in their safety critical role have a duty of care toward the public.

I'm going to quote another guard from another forum who's made some comments that I think go some way to explaining why Christopher McGee ended up being found guilty of manslaughter by gross negligence:

Quote
Although I do as a fellow guard have sympathy, however if we DO NOT do our job correctly, we leave ourselves open to a worst case scenario, and this sadly is what happened, to be proved Guilty of such a serious crime of Manslaughter would mean that there would have to be shown multiple accounts of the procedures NOT being followed, not just a mistake at one stop. with OTMR and CCTV we are constantly monitored officially or not and we are paid to do our job correctly, obviously the parents of the child who sadly died (and yes she was still a child) should take a of responsibilty for their daughters actions that led to this horrible horrible accident but sadly for the guard we have a duty of care and through not following procedures he did not show duty of care.

I do have sympathy for both parties, however they were both at serious fault and sadly again one paid with her life and the guard will have to live with it for the rest of his life.

No one can ever win in a situation like this
http://www.railforums.co.uk/showthread.php?p=1266761#post1266761

I do however disagree with Georgia Varley's mother. Her daughter WAS a liability that night. Sadly for Christopher McGee it was his misfortune to have become, by the nature of his duty of care, responsible for Georgia's safety. The law used in this case is there to protect all, regardless of the 'state' they are in. 


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: LiskeardRich on November 14, 2012, 21:51:11
It is not illegal for a 16 year old to drink alcohol: it is illegal for them to buy alcohol.

Its also illegal to buy it for an under 18. So if they can not legally buy it, or have it bought for them, surely they cant legally have any way of drinking it.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 14, 2012, 22:09:22
I'm not taking sides: merely stating facts, in the interests of accuracy.

From that BBC item:

Quote
Miss Varley, from Moreton, Wirral, had been at a house party before she went into Liverpool for a night out with her friends when the tragedy happened on 22 October last year. A blood analysis following her death showed she had 236mg of alcohol per 100ml of blood in her system - the legal driving limit is 80mg. She also had the drug mephedrone in her system at the time of her death.

The legal situation in the UK is complex. From Wikipedia (http://en.wikipedia.org/wiki/Legal_drinking_age):

Quote
Children under 5 must not be given alcohol unless under medical supervision or in an emergency (Children and Young Persons Act 1933, Children and Young Persons (Scotland) Act 1937).
Between the ages of 5 and 17, it is legally permissible for children to drink alcohol at home or at a friend's house with the permission of a parent or legal guardian.
The minimum age for the purchase of alcohol is 18. People aged 16 or 17 may consume wine, beer or cider on licensed premises when ordered with a meal. In England and Wales, it must be an adult who orders; however, an adult doesn't have to be present to order alcohol with a meal in Scotland. The legal age for the purchase of alcohol from an off-licence (store/supermarket) is 18. (The legal age to buy liqueur chocolates is 16, but this is rarely enforced.)
Under the BBPA's Challenge 21 scheme, customers attempting to buy alcoholic beverages are asked to prove their age if in the retailer's opinion they look under 21 even though the law states they must be a minimum of 18. Many supermarket and off-licence chains display Challenge 21 notices stating that they will not serve persons who look under 21 without ID.
Supermarkets or off-licence chains that are found to have violated the law and have repeatedly sold alcohol to underage persons are then required to adopt the Challenge 25 scheme. Failing to adhere to this will result in revocation of the licence to sell alcohol. (Challenge 25 is standard procedure in Scotland and the main supermarket chains.)
Purchasing alcohol on behalf of a minor is illegal in all of the United Kingdom. This means acting as the young person's agent.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: LiskeardRich on November 14, 2012, 22:14:56
On another forum I visit a very interesting point that has been asked, as the girl was a minor, would there be an element of child neglect from the parents?
However my view having read through several reports today is:

It is a safety critical position, and if the guard breached safety then I am sorry to say guilty is the correct outcome. This is obviously subject to the guard undergoing correct training, and TOC records showing he has undergone the training.
I have worked in a safety critical position previously and it was made clear to me at start of employment that if the company can evidence I had taken the training, I am personally liable if my error caused any safety issue. The training was highly documented to cover the company back, and so the company would be able to proof they werent liable if i was at fault for an incident and I could be personally prosecuted.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on November 14, 2012, 22:27:54
It is indeed illegal to buy alcohol for someone under 18*. But, merely giving alcohol to a child over 5, or allowing them to drink it 'at home', may not be an offence. It is perfectly legal for a child above 5 to drink alcohol at home. In the home its a parental/adult responsibility decision, not a legal one. There's no legal distinction about whose home it is either. It's perfectly possible that Georgia Varley became intoxicated at the house party she was at prior to going into Liverpool city centre. The adults in that house, or the owners if there were no adults present, wouldn't necessarily have broken any laws in regard to minors consuming alcohol there. No legal responsibility but perhaps moral and social ones....

*Exception: In England and Wales 16/17 year olds can have purchased for them and drink beer/cider/wine to accompany a table meal in licensed premises. The purchaser must be over 18 and be accompanying the 16/17 year old(s)



EDIT
: chris from nailsea with that quote from Wikipedia got there before me. I'll leave my different words saying much the same thing in place though.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: trainer on November 14, 2012, 23:22:18
Dealing with drunks on late night services must be a nightmare for train staff.  Some time not too long ago at Nailsea and Backwell station a Paddington - Weston-s -Mare HST I was on was about to depart when a drunk man who staggered to the top of the steps too late, leapt at a door already locked before the guard could give the signal to go and tried to get on.  He shouted to be let in and kicked the door for several minutes, pleading with passengers on the train to open the door.  This was worrying to watch and rightly the doors were not unlocked, but the guard shouted from the back of the train for him to stand away.  The man continued to shout and hang on to the door until the guard walked through the train and shouted at the man to stand back or the police would be called.  He was dragged back by his companions and eventually we departed to his shouted swearing.  This caused a fairly heavy delay on the service, but the H&S implications for the perpetrator, the train crew and passengers on the train were clear to all sober observers and took precedence.  The temptation just to have started the train would have been very strong for me: which is probably why I don't work for the railways.  In that case the professionalism shone through.  The current case is a tragedy for all.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 15, 2012, 00:45:43
From the British Transport Police press release (http://www.btp.presscentre.com/Media-Releases/British-Transport-Police-Statement-Georgia-Varley-1d43.aspx):

Quote
British Transport Police Statement - Georgia Varley

Detective Chief Inspector Simon Taylor said: "Today's verdict brings to a close a year-long investigation which has been extremely difficult for all involved. And I would like to take this opportunity to thank the officers and staff who have worked tirelessly to bring this case to court.

"I would also like to thank Georgia's family for the strength and courage they have shown during the traumatic events of the past 12 months.

"Georgia died in tragic circumstances and it is right and proper that the details surrounding her death were examined by a court and jury.

"Train guards sometimes work in extremely challenging circumstances, but it is important to remember they have a duty of care to those who travel on their rail services.

"When this duty of care is not satisfactorily met, it is our duty to present the evidence to the Crown Prosecution Service who, where necessary, refer the matter to the courts.

"I hope, following today's verdict, Georgia's family can now gain some sense of closure and begin to put their lives back together."


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 15, 2012, 10:41:35
From the BBC (http://www.bbc.co.uk/news/uk-england-merseyside-20339630):

Quote
Georgia Varley train fall death: Guard jailed for manslaughter

A railway guard has been jailed for five years for causing the death of a 16-year-old girl who went under a train at a Liverpool station.

Georgia Varley died when she fell between the carriage and platform at James Street station in October 2011.

Christopher McGee, 45, had denied manslaughter but was found guilty at Liverpool Crown Court on Wednesday.

He signalled for the driver to depart as Miss Varley, who was drunk, stood on the platform leaning against the train.

During the two-week trial, the prosecution said McGee should have been able to see she was in an "intoxicated state".

McGee told the jury he did not know how drunk she had been and thought she was moving away from the train when he gave the signal to depart.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: caliwag on November 15, 2012, 11:20:31
Gosh...that's a harsh sentence with all the vagueness that surrounds the issue. I wonder what the on-going implications are for train dispatch for unmanned stations, let alone ones on a curve like Bristol and York!

Do we know if there be an appeal, say by his union?


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: paul7575 on November 15, 2012, 12:45:09
You possibly mean an appeal 'funded by' the union?  AIUI only the defendant can actually appeal, a third party cannot do it on his behalf.

I was just thinking the main rail unions seem unusually quiet on the matter, as reported so far?

Paul


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Sprog on November 15, 2012, 12:45:58
A Pi$$ed up, drugged up, under age girl....if she wasnt all of these three then she wouldnt have been in a situation to fall under the unit.

What an absolute joke...


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on November 15, 2012, 13:18:29
Sprog. I'd say to that, "There but for the grace of God."

As I said earlier, the law is there to protect all, regardless of the condition they are in. Christopher McGee failed in his duty of care. I'm fairly sure that in his training people under the influence of drink and/or drugs were not excluded from that duty of care. The jury have listened to all the evidence presented and reached a unanimous verdict. To say it's a joke is to do a disservice, both to Miss Varley's memory and to the 12 members of the public who had to give their verdict, beyond a reasonable doubt.

I'd also say it's perfectly possible for a stone cold sober person to act in the same manner as Miss Varley did, with the same consequences.

Its no joking matter. Just a very sad situation for all concerned.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: grahame on November 15, 2012, 13:36:30
It's always dangerous to comment on cases such as this without having been there, and without having been in court either. There are some direct quotes from the judge in this article which went some way to informing me a bit further:

http://www.clickliverpool.com/news/local-news/1217665-father-of-georgia-varley-pays-tribute-as-train-guard-jailed-.html?


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: trainer on November 15, 2012, 17:00:46
It is quite clear from the comments of the judge that when a member of the public comes into contact with public transport, whatever state they're in, the operator and its agents have a duty of care.  Sadly this case simply and tragically exemplifies how frail humans can cause each other unintended harm by unwise actions.  By the grace of God, indeed.  Unfortunately, the Law of the land is unable to exercise grace and neither does the Law of Nature of we abuse our bodies.  As the bereaved father say, 'There are no winners.'


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: LiskeardRich on November 15, 2012, 17:40:41
Gosh...that's a harsh sentence with all the vagueness that surrounds the issue. I wonder what the on-going implications are for train dispatch for unmanned stations, let alone ones on a curve like Bristol and York!

Do we know if there be an appeal, say by his union?

Its a rather lenient sentence in fact for the offence he has been charged with. I somehow doubt that vagueness surrounds the issue, more so the details made public have been vague to prevent jeopodising the court case.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 15, 2012, 21:02:03
From a further British Transport Police press release (http://www.btp.presscentre.com/Media-Releases/Train-guard-jailed-for-manslaughter-1d47.aspx), issued after sentencing:

Quote
Train guard jailed for manslaughter

A train guard who ^displayed an appalling disregard for safety^ has been jailed for five years today following the death of 16-year-old Georgia Varley at James Street station, Liverpool, on 22 October 2011.

Christopher McGee, aged 45 of Edenhurst Avenue, Wallasey, was found guilty of manslaughter by gross negligence following a trial at Liverpool Crown Court on Wednesday, 14 November.

Detective Chief Inspector Simon Taylor said: "The verdict brings to a close a year-long investigation which has been extremely difficult for all involved. And I would like to take this opportunity to thank the officers and staff who have worked tirelessly to bring this case to court.

"I would also like to thank Georgia's family for the strength and courage they have shown during the traumatic events of the past 12 months.

"Georgia died in tragic circumstances and it is right and proper that the details surrounding her death were examined by a court and jury.

"Train guards sometimes work in extremely challenging circumstances, but it is important to remember they have a duty of care to those who travel on their rail services.

"When this duty of care is not satisfactorily met, it is our duty to present the evidence to the Crown Prosecution Service who, where necessary, refer the matter to the courts.

"I hope, following the verdict, Georgia's family can now gain some sense of closure and begin to put their lives back together."

Sentencing today (Thursday, 15 Nov) Mr Justice Holroyde said: ^You displayed an appalling disregard for Georgia Varley^s safety, and she paid with her life.^


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Brucey on November 16, 2012, 12:53:33
Full text of the sentencing remarks: http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/sentencing-remarks-mr-j-holroyde-r-v-mcgee.pdf


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 16, 2012, 20:08:00
Thanks for posting that link, Brucey.  I found those four pages of text to be very sombre reading.

This unusual case has clearly raised emotions among many commentators, and I'd like to thank our members here for their restraint in posting on this forum.  Some things I've read elsewhere on the internet have been really inappropriate in the tragic circumstances of this case.

Whatever our personal views on the circumstances may be, the facts of this case are clear.

The trial at Liverpool Crown Court ran over two weeks, from 5 November to 14 November: during that hearing, the jury of 11 lay people heard all of the evidence presented to them in open court.  They took over two hours in deliberation before reaching a unanimous verdict of guilty on the more serious charge manslaughter by gross negligence - they were then discharged from having to reach a verdict on the alternative, lesser, charge under the Health and Safety at Work Act.

While many of us will have our own views on the case, we need to bear that in mind: this conviction was not decided on a mere whim, but on the solid basis of all the facts being presented in court.  Mr Justice Holroyde's explanation of the sentence he imposed is crystal clear.

My personal view is that of Georgia's father, Paul Varley: "There are no winners here."

Chris.  :(


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on November 24, 2012, 03:25:24
The full RAIB report into this incident will be published on 27th November 2012:

http://www.raib.gov.uk/publications/investigation_reports/reports_2012/report222012.cfm


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: Chris from Nailsea on November 27, 2012, 16:43:11
The Rail Accident Investigation Branch have now published their full report (http://www.raib.gov.uk/cms_resources.cfm?file=/121127_R222012_James_Street.pdf) on their website:

Quote
Summary

At 23:29 hrs on Saturday 22 October 2011, sixteen year-old Georgia Varley was struck and killed by the train she had left 30 seconds earlier. She was leaning against the train as it began to move out of the station and when she fell, the platform edge gap was wide enough for her to fall through and onto the track. Her post-mortem toxicology report recorded a blood alcohol concentration nearly three times the UK legal drink drive limit and she was wearing high heeled shoes at the time of the accident.

The guard dispatched the train while the young person was leaning against it. It is possible that he did this because he had seen her but expected her to move away before the train moved. It is also possible that he looked briefly in her direction but did not see her (^looked but failed to see^ is a known phenomenon in routine, repetitive tasks). It is also possible that he did not see her because his attention was on his control panel and a large group of people on the platform.

By the time the guard warned the young person to stand back she had been leaning against the train for approximately eleven seconds. It is not known when the guard saw her during this time or, if he saw her, whether he delayed taking action in the expectation that she would move away. Platform video camera footage shows him warning her to stand back in the moments before the train departs and it is likely he did this because he thought that it would be immediately effective and because he had no direct and immediate way to stop the train.

While the rail industry^s overall safety record has improved in recent years, accidents at the platform/train interface have increased, even when accounting for an increased number of passenger journeys over a period of time which saw a known industry hazard (trains with slam doors but no central locking) withdrawn from service. This indicates that the industry^s focus on operational matters has not delivered improved safety at the platform/train interface, which suggests that there is a need to consider technical solutions to reduce the risk.

This report makes three recommendations. The objective of recommendation one is for Merseyrail to reduce train dispatch accident risk by improving the way in which it operates its trains. The objective of recommendation two is for Merseyrail to reduce the likelihood of falls through the platform edge gap. The objective of recommendation three is for the Office of Rail Regulation to ensure that the findings of this report are taken into account in published guidance.


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: ReWind on January 03, 2013, 23:19:14
Looks like the guard is appealing his sentance;

http://www.liverpoolecho.co.uk/liverpool-news/local-news/2013/01/01/georgia-varley-merseyrail-guard-christopher-mcgee-to-lodge-appeal-against-jail-term-100252-32524190/


Title: Re: Girl dies after falling between train and platform in Liverpool - 22 October 2011
Post by: JayMac on January 04, 2013, 00:19:37
I wonder on what grounds the appeal will be made. As Christopher McGee pleaded not guilty he could appeal the conviction and/or sentence. If he'd pleaded guilty then he would only normally be able to appeal against the sentence.

If he is just appealing the sentence as this article in the Liverpool Echo infers then that would rather indicate that his legal advisor(s) believe the conviction itself is sound.

So the grounds for an appeal against the sentence? Merely being a 'severe' sentence is unlikely to be grounds. That leaves errors in law, procedural errors, irrelevant factors included in sentencing remarks, and departure from sentencing guidelines producing a manifestly excessive sentence.



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