More evidence the law is an ass

[Bosswhite]

There is one girl who is high on drugs and very intoxicated.

Who the Guard of the train was not aware of her condition , before waving off the train.

Course he was well aware of her condition, he moved her away from the train once before.

It was a tragic accident caused by a number of factors, to jail a man for 5 years was the wrong decision in my opinion, and the opinion of thousands more.

The original posting does not mention anything about the Guard moving her away from the train earlier, it says he thought she was walking away from the train.
I totally agree with your second post, I said before the Guard has been used as a "Scapegoat" for the inadequacies of the company running the train and the station.

 

[LastMagicBean]

It was a tragic accident caused by a number of factors, to jail a man for 5 years was the wrong decision in my opinion, and the opinion of thousands more.

Completely agree.
The craziness started with the initial charge of manslaughter.
Followed closely by the complete lunacy of the 'guilty' verdict.

Madness.

 

[cajar]

What if she wasn't drunk. What if she was diabetic and having a low, or having an epileptic fit? What if she was mentally disabled and got confused?

Would your opinion change then? A diabetic girl's blood sugar drops, she gets confused and leaves the train and tries to re-enter. The guard sees her collapsing against the train but gives the all clear and she dies. Is that different?

Do you make a moral judgement that because she had done something wrong, any misadventure was well deserved?

 

[LastMagicBean]

What if she wasn't drunk. What if she was diabetic and having a low, or having an epileptic fit? What if she was mentally disabled and got confused?

Would your opinion change then? A diabetic girl's blood sugar drops, she gets confused and leaves the train and tries to re-enter. The guard sees her collapsing against the train but gives the all clear and she dies. Is that different?

Do you make a moral judgement that because she had done something wrong, any misadventure was well deserved?

B*llocks.. nothing to do with it.

Where would the list end if you go down that line of argument.

 

[AronSearle]

I said before the Guard has been used as a "Scapegoat" for the inadequacies of the company running the train and the station.

Which inadequacies would those be?

There was only her on the platform as proved by the CCTV.

Does it need a train guard, a H&S officer, manager and half a dozen security guards to manage one person on the platform and decide to give the all clear?

The craziness started with the initial charge of manslaughter.

gross negligence manslaughter in England and Wales.........

It occurs where death results from serious negligence,

Just what do you consider to be negligence?

He gave the clear signal, when she was the only person on the platform, when she was leaning on the train or/and not clear.

Does he have to be slapping the monkey in the bathroom, during rush hour, at school leaving time, on drugs, with a bestiality mag in one hand?

 

[LastMagicBean]

**deleted** due to sobriety.

 

[LastMagicBean]

Deleted.

 

[LastMagicBean]

deleted. No further participation from me.

 

[chapeau]

Somebody died, they shouldn't have done, there has to be a response.

What is problematic is that, as always, the law is there to protect the good and the great. Or those with special connections, or those who administer the law.

If you are a lowly train guard they prosecute. Company Directors of PLCs/Police Officers/Doctors/Politicians etc etc all have taken decisions which cause people to die negligently and they get away with it.

So maybe we don't prosecute enough? They will haul you over the coals for a minor offence nowadays, but too many people get away with the serious stuff.

 

[enyam]

If you are a lowly train guard they prosecute. Company Directors of PLCs/Police Officers/Doctors/Politicians etc etc all have taken decisions which cause people to die negligently and they get away with it.

So maybe we don't prosecute enough? They will haul you over the coals for a minor offence nowadays, but too many people get away with the serious stuff.

In 2007 a new law was passed called corporate manslaughter whereby companies and organisations can be found guilty of serious management failures resulting in breach of duty of care,they will make sure the world and his wife is held accountable before it reaches any board room.

 

[calorific]

There was only her on the platform as proved by the CCTV.

Does it need a train guard, a H&S officer, manager and half a dozen security guards to manage one person on the platform and decide to give the all clear?

He gave the clear signal, when she was the only person on the platform, when she was leaning on the train or/and not clear.

These are surely the only salient points in this case, surely? If she had been refusing to move away from the train and/or repeatedly running to and from the train so the guard could not call it "safe" to depart, then he could have called for transport police assistance. He didn't, so he made a judgement call and decided that a girl who was leaning/slapping the side of the carriage was at a safe and appropriate distance.

It matters not one little iota whether she was drunk, drugged, sober, in a wheelchair, is dylexic, had hepatitis, needed an insulin jab, didn't need an insulin jab, or was a dwarf, a giant, king kong, a member of the armed services, a terrorist, a spy,... or whatever. He got it hopelessly wrong, and this has nothing to do with management, shareholders, annoyance with the East Coast line, the fat controller, Thomas the Tank, Hornby railways or anything else.

He and he alone fooked up.

 

[chapeau]

In 2007 a new law was passed called corporate manslaughter whereby companies and organisations can be found guilty of serious management failures resulting in breach of duty of care,they will make sure the world and his wife is held accountable before it reaches any board room.

Has anybody every been prosecuted?

 

[alumni]

In 2007 a new law was passed called corporate manslaughter whereby companies and organisations can be found guilty of serious management failures resulting in breach of duty of care,they will make sure the world and his wife is held accountable before it reaches any board room.

Has anybody every been prosecuted?

Yes.

 

[Bosswhite]

He and he alone fooked up.[/quote]

So as a Guard you expect his responsibilty would be that he would have to walk the length of the Train to ensure that EVERY Passenger was safe from injury, seated in the correct manner or if they were standing were able to hold onto a strap or pole in the correct manner,that there was no loose luggage on a rack that could fall out and severly injure a passenger once the train was moving.


The Guard made the call to move the train expecting her to move away beyond the yellow safety line, she was too drunk and influenced by drugs to comprehend, (which the Guard was unaware), The lack of Platform staff did not help the situation.
Basically a Tragic Accident, hopefully he will appeal his sentence as it puts a greater strain on Train Guards duties.

 

[calorific]

So as a Guard you expect his responsibilty would be that he would have to walk the length of the Train to ensure that EVERY Passenger was safe from injury, seated in the correct manner or if they were standing were able to hold onto a strap or pole in the correct manner,that there was no loose luggage on a rack that could fall out and severly injure a passenger once the train was moving.


The Guard made the call to move the train expecting her to move away beyond the yellow safety line, she was too drunk and influenced by drugs to comprehend, (which the Guard was unaware), The lack of Platform staff did not help the situation.

He made the call while he saw her still leaning against/banging the glass of the carriage. That is somewhat different to your first list of requirements above.

More to the point, suppose he had noticed someone doing a handstand on the table in the carriage, should he ignore this on the assumption that the acrobat was probably going to sit down, and thus advise the train driver to set off?