Christopher McGee------The Liverpool Rail Guard.

[lookout]

 Jailed for 5 years for the manslaughter of a 16 year old girl who was drunk/ and had been taking drugs,tried to get into an already closed train,and fell onto the lines between the platform and the train.

This tragedy happened in October last year as the 45 year old man was working on the last train out of West Kirby,Wirral into Liverpool.

The girl had attended a party of a friend,and the actual distance from the girls' home in relation to where the party was held,was/is a very short one which wouldn't have warranted a large outlay in order for her to have got a taxi,but she chose to get a train,after having fallen over a number of times in the process,then boarded the wrong trains.

The case doesn't mention why her mother wasn't contacted,nor why she hadn't stayed put at her friends' house until the next day.

If you google this poor mans' name,it will give you the full story. I suspect yet another miscarriage of justice for a man with an unblemished record for his work of 20 years as a rail guard. As you can imagine,this man and his family are completely devastated and he is thoroughly broken.

[Patti]

I'll post the link Lookout.  http://www.independent.co.uk/news/uk/crime/railway-guard-christopher-mcgee-jailed-for-manslaughter-after-seconds-of-negligence-caused-death-of-drunk-teenage-girl-who-fell-underneath-train-8319504.html

[Patti]

Its a difficult one.  Yes he had a duty of care and maybe he thought she would move back from the train when it set off.  I think on the whole it was an accident. He was not to know she would fall, he was not to know she was drunk and had been taking drugs.  I think the sentence is a bit harsh, it has/will ruin his life, for something he could not foresee. 

[lookout]

Its a difficult one.  Yes he had a duty of care and maybe he thought she would move back from the train when it set off.  I think on the whole it was an accident. He was not to know she would fall, he was not to know she was drunk and had been taking drugs.  I think the sentence is a bit harsh, it has/will ruin his life, for something he could not foresee. 

Hi Patti,,knowing him as a local in the area,he's such an inoffensive man that this sentence will crucify him.
It's not as though he set out with the intention of injuring/killing/harming anyone,and to say that his action was manslaughter is so wrong. Accidental would have sufficed as he already has to live the nightmare for the rest of his life.
That girl should have either been picked up by her mother,or stayed put at her friends' house because as it was,she was a danger to herself in many ways that night.

[Patti]

Hi Patti,,knowing him as a local in the area,he's such an inoffensive man that this sentence will crucify him.
It's not as though he set out with the intention of injuring/killing/harming anyone,and to say that his action was manslaughter is so wrong. Accidental would have sufficed as he already has to live the nightmare for the rest of his life.
That girl should have either been picked up by her mother,or stayed put at her friends' house because as it was,she was a danger to herself in many ways that night.

Well, of course it begs the question on the other foot.  Did she also have a duty of care to herself and others.  Of course she did, but under the influence of drink and drugs, she was not aware of what she was doing....at the end of the day she choose to get in the state she was in...like many teenagers do.  It just so happens that she died from it.  To blame someone else is a get out, but on saying that he did have a duty of care to make sure she was well away from the train, before he signaled for it to go....

I'd like to hear what our Nugs has to say about this one.....

[Jane]

Its a difficult one.  Yes he had a duty of care and maybe he thought she would move back from the train when it set off.  I think on the whole it was an accident. He was not to know she would fall, he was not to know she was drunk and had been taking drugs.  I think the sentence is a bit harsh, it has/will ruin his life, for something he could not foresee. 

Patti, let's assume for a minute that because of "a duty of care" he'd taken the girl's arm to remove her from potential danger. It's perfectly possible, that not being quite sober, she could have misinterpreted his actions, pulled away, and in so doing, sustained the same fatal accident, for which the poor man would still have been held responsible. Seem he may have been damned what ever course of action he chose.

[lookout]

I'd like to think at some point that I can get more information from the mans' family.  They are so gutted that they can't face anyone. Strange how the mother of the girl gave an interview without breaking down though.! I would have been beside myself and totally unable to give any sort of an interview.

However,I want to find out a few things from someone who knows him personally,a barmaid who served him his two pints religiously after he'd finished work. A regular at her pub,who states he was never any trouble to anyone.

He very likely shouted to her to keep away from the doors.They often do,I've heard them myself.
Some people stand so close to the edge of the platform that the draught from a train pulling out can suck them onto the tracks as well. There are times I've had to look away,and can't believe that people can be so stupid,as one slip,in a sober condition,can point to a disaster.

[susan]

Hi lookout

I think the sentence on the guard was very harsh indeed.  It is I believe the responsibilty of the Guard to make sure all doors of the train are clear of passengers before he gives the train driver the signal all clear to proceed.  It would appear this did not happen.

[Patti]

Patti, let's assume for a minute that because of "a duty of care" he'd taken the girl's arm to remove her from potential danger. It's perfectly possible, that not being quite sober, she could have misinterpreted his actions, pulled away, and in so doing, sustained the same fatal accident, for which the poor man would still have been held responsible. Seem he may have been damned what ever course of action he chose.

Hi april....i gotcha now...lol

I suppose we all have a duty of care to each other, just as much as an employer has to his workforce.  The duty of care document is very long and drawn out.  An employer must have a duty of care in place and abide by its guidelines.

In this case it was not clear for the train to move on and according to the judge CM, although he did not purposely kill her, he had a duty of care and responsibility to ensure the coast was clear for the train to move on and, by signalling that to the train driver to move on it resulted in her death. 

If all fairness to CM he was not to know this would happen, if he knew it would have happened he would  not have given the signal for the train to move on.... It's a difficult one....but I do think the judge has been harsh with the sentence, because she too, had a duty of care for her own safety.....but of course that can't be questioned.....This Country has got to make someone the scape goat.   

[Jane]

Hi april....i gotcha now...lol

I suppose we all have a duty of care to each other, just as much as an employer has to his workforce.  The duty of care document is very long and drawn out.  An employer must have a duty of care in place and abide by its guidelines.

In this case it was not clear for the train to move on and according to the judge CM, although he did not purposely kill her, he had a duty of care and responsibility to ensure the coast was clear for the train to move on and, by signalling that to the train driver to move on it resulted in her death. 

If all fairness to CM he was not to know this would happen, if he knew it would have happened he would  not have given the signal for the train to move on.... It's a difficult one....but I do think the judge has been harsh with the sentence, because she too, had a duty of care for her own safety.....but of course that can't be questioned.....This Country has got to make someone the scape goat.   

Patti, I agree. "This Country has got to make someone the scapegoat" because whilst some of us seek justice, there are others who simply bay for blood, no matter whose.

[susan]

Hi Patti as I stated to lookout I thought the sentence was harsh but the guard his totally responsibile to ensure the safety of the public i.e. all train doors must be clear before he gives the signal for the driver of the train to proceed. This did not happen and with hindsight it should not have happened

[Patti]

I'd like to think at some point that I can get more information from the mans' family.  They are so gutted that they can't face anyone. Strange how the mother of the girl gave an interview without breaking down though.! I would have been beside myself and totally unable to give any sort of an interview.

However,I want to find out a few things from someone who knows him personally,a barmaid who served him his two pints religiously after he'd finished work. A regular at her pub,who states he was never any trouble to anyone.

He very likely shouted to her to keep away from the doors.They often do,I've heard them myself.
Some people stand so close to the edge of the platform that the draught from a train pulling out can suck them onto the tracks as well. There are times I've had to look away,and can't believe that people can be so stupid,as one slip,in a sober condition,can point to a disaster.

Hi Lookout

Sometimes I could shout at British Rail/Government.  The maintenance of Country crossings and the upkeep of the majority if its stations are still keep in Victorian times.   You would think that in this day an age, they would come up with better ideas of keeping people safe from falling off the platforms...some sort of electric  fencing....I could go on but i'm knackered lol 

[susan]

Hello april

The guard should have asked the girl to step back from the train had she refused he would have had to call the railway police to remove her.  He would not be allowed to touch her.  The train should not have been given the all clear whilst she was hanging around the train.

[Jane]

Hello april

The guard should have asked the girl to step back from the train had she refused he would have had to call the railway police to remove her.  He would not be allowed to touch her.  The train should not have been given the all clear whilst she was hanging around the train.

Susan, Hi. That's a valid point. More so I think, than my own. I was overlooking the rules and regs that should have been in place and maintained. I'm still inclined to think the sentence somewhat harsh given his otherwise blameless career, but I understand from some of our "legal" members that judges hand can be tied when it comes to sentencing

[susan]

Hello april may I ask you as a Mod is it possible for me to correct a typing error in one of my posts posted by me on the forum.