Woman's death costs Network Rail £356,250
Julia Canning, aged 55, was killed by the First Great Western 17:11 service travelling from Newbury to Bedwyn on May 6, 2009.
A subsequent inquest into her death heard how Mrs Canning was seen by train driver James Domican at the Fairfield Crossing – a public crossing point without bariers – near the Fore Bridge as he was reaching speeds of 69mph and heading towards Bedwyn.
On Tuesday, Network Rail was sentenced at Southampton Crown Court following an extensive investigation by the Office of Rail Regulation (ORR), having previously admitted one charge under section 3(1) of the Health and Safety at Work Act 1974.
According to the ORR the criminal charge resulted from Network Rail's failure to act on substantial evidence that pedestrians using the crossing had insufficient sight of approaching trains. Pedestrians were therefore exposed to an increased safety risk when using the crossing, argued the regulator.
Deputy Director of Railway Safety for the ORR, Tom Wake, said the sentence “brings to a close the regulator’s prosecution of Network Rail for causing the devastating and avoidable death of Mrs Julia Canning. My thoughts are with Mrs Canning’s family.
“ORR’s investigation found extensive evidence showing that Network Rail knew that the crossing was unsafe for pedestrians. Not acting to minimise the known risks was a serious failing on Network Rail’s behalf.”
Soon after the tragedy, Mrs Canning’s husband the Hon Spencer Canning, the eldest son of the 5th Baron Garvagh, said that he and his three children, Cordelia, Florence and Stratford, were devastated by the incident.
Mr Canning, who founded Asset Plus One Ltd in Northcroft Lane, added that his wife was “a wonderful mother to our three children and just the best wife one could ever imagine. She was a generous, happy and lovely lady”.
However, although he called for more safety measures he said the crossing was “used regularly by many people...it would be yet another curtailment of personal freedom if it is closed.”
The crossing has remained open and Mr Wake said: “We recognise that Network Rail has now made a number of improvements at this crossing, making it safer for pedestrians.
“Safety is the regulator’s top priority, and we continue to push Network Rail and the industry to deliver safety improvements at all level crossings.”
Mrs Canning was the former parish clerk at Little Bedwyn and regularly contributed to village life.