Network Rail could face a fine of up to £6million over safety failures after an 82-year-old former TV and film actress was killed on a Suffolk railway foot crossing.
During the first day of a two-day sentencing at Ipswich Crown Court Olive McFarland’s family described her death as a ‘crime against humanity’.
Ipswich Crown Court heard Network Rail had failed undertake recommended safety work which led to the death of Mrs McFarland, of Creeting St Mary, at the Gipsy Lane crossing, near Needham Market, on August 24, 2011,
The animal lover was killed by a train travelling at nearly 100mph on a stretch of track which only three weeks earlier a Network Rail employee had said should have had a speed restriction put in place of 55mph.
The court was told there had been a risk assessment in July 2011 which suggested bringing the speed limit down to 80mph, only for a subsequent high-risk assessment to recommend lowering it further less than a month later.
Other safety failings included poor visibility due to vegetation obscuring a pedestrian’s view, a whistle warning being located too close to the crossing to give people time to avoid an oncoming train, and a dog leg between the two foot crossing gates meaning it would lengthen the time it took to cross.
Sarah Le Fevre, prosecuting, said Network Rail had failed to properly assess safety critical issues of sighting distances and warnings at the crossing.
It had also not allowed for users, as well as failed to identify, assess or implement measures capable of reducing risk, or receive and monitor the risk assessments carried out over a period of time.
Mrs McFarland had tried to run across the tracks when she became aware of the London Liverpool Street to Norwich train, but had been struck by its left-hand side indicating she had nearly made it to safety before being hit, the court heard.
Judge Martyn Levett said he had to assess any fine based on the seriousness and likelihood of harm, combined with Network Rail’s culpability.
At the top end of the scale it could mean a sanction of between £4million to £6million rather than £1million.
Sentencing was adjourned until Wednesday.
Mrs McFarland lived in a care home in Eye, but regularly returned home to feed her three chickens.
Previously Network Rail pleaded guilty before Ipswich magistrates to being an employer in breach of general duty to other than an employee. The charge spanned a 12-year period from January 29, 1999, to the day of Mrs McFarland’s death.
Mrs McFarland appeared in many television shows and films from the late 1950s to the mid 1970s.
She starred opposite Sean Connery, Alfred Marks and Herbert Lom in the 1961 film The Frightened City.
Mrs McFarland appeared prominently again 10 years later in the 18 certificate movie Naughty!.
Her film career was then replaced by several smaller roles and television adverts.
She then left acting to pursue property restoration and breed horses.
Olive McFarland’s family told Ipswich Crown Court her death was a ‘crime against humanity’.
They also lashed out at what they feel was the British Transport Police’s lack of thoroughness in its report on her death.
The court heard the former actress’s family campaigned ‘tirelessly for corporate manslaughter and manslaughter by gross negligence charges to be brought against Network Rail and a member of its staff.
Mrs McFarland’s death occurred after she made her regular trip from Paddock House care home in Eye back to her property in Creeting St Mary to care for her three chickens.
Her nephew John Black read out a victim personal statement from his mother Dory Black, one of Mrs McFarland’s eight siblings.
Mr Black said: “To lose a wonderful person like our sister Olive through the negligence of Network Rail is a crime against humanity.
“I was notified of Olive’s tragic death on August 25 by a solicitor offering his condolences and I contacted the police to confirm the identity of the person involved in the accident at Gipsy Lane crossing.
“I was then allocated a family liaison officer whom unfortunately failed to keep in touch with me or inform me of any police investigations.
“It was only by chance that on October 3, 2012, when I had her personal possessions returned to me, that I discovered the police investigation was completed and the ORR (Office of Road and Rail) were taking over the investigation.
“My son contacted Rupert Lown of the ORR who informed us that he was led to believe by the police that my sister had died with no next of kin, hence the reason they had not made contact with us.
“We obtained a copy of the BTP report into my sister’s death and were very disappointed at its lack of thoroughness and poor standard of work.
“A complaint was made to the coroner and BTP, which resulted in a Detective Superintendent visiting us at home.
“He admitted that the investigation was not of a high enough standard and re-opened the investigation.
“We have campaigned tirelessly for both corporate manslaughter and manslaughter by gross negligence charges to be brought against Network Rail and one of its employees.
“We feel very strongly that these charges are realistic and the only way this terrible tragedy will be prevented in the future.
“Sadly all our efforts have been dashed by the police and CPS (Crown Prosecution Service), leaving me with a feeling of total hopelessness and despondency.
“Myself and my family have spent over four years pushing for a thorough investigation into my sister’s death with the aim of getting to the truth and making someone accountable for her death.
“It appears to us the general consensus is that Olive was 82 years old, had had her life and nothing left to live for, so the investigation has been of low priority and importance.
“Generally I have felt very isolated since the accident and feel that everyone involved with my sister’s death is preoccupied with distancing themselves from any blame rather than looking to find the reasons for the decisions made which resulted in her death.
“Perhaps the most distressing aspect is that since her death we have not had a single correspondence from Network Rail or its staff offering their condolences.
“I still can’t come to terms with how such a vibrant and energetic person as my sister could have her life cut short so callously.
“We may be in the fifth year since Olive’s death, but it does not make her loss any easier to bear.”
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