08.11.2007

Operator cleared

We can confirm that all charges have been dropped against John Whitfield, 54, of Darlington, an employee of ES Access.

He had been charged at Maidstone Magistrates Court with endangering railway passengers by 'willful omission or neglect' following an accident in February when a train struck the platform of his Moog MB250 under the M-20 in Kent.
See Operator charged

The crown prosecution service has said that it has 'discontinued' the prosectution due to lack of evidence. Which leaves the door open in the case that it receives further evidence.

Vertikal Comment

This whole affair looked like a stitch-up from the start, as the contractor and Network Rail appeared to be using the operator as a scapegoat.

It is interesting to see that the publicity on the charges being dropped appear to be non-existent, totally the opposite of the situation when he was charged in August.

From what we have learnt of the case, the decision to discontinue the prosecution rather than continue and dismiss it seems unjust. It does not completely clear Whitfield and leaves a tiny element of doubt hanging over him.

It seems that the police and Crown Presecution service acted over hastily in charging him in the first place.

In the meantime this affair must have been a harrowing experience for Whitfield as he waited to see what was going to happen. He will certainly think twice before following a clients instructions without seriously questioning them.