English, Welsh and Scottish Railways International (EWSI) has today been
fined £180,000 and ordered to pay costs of £59,554 following a prosecution
brought by the Office of Rail Regulation (ORR) for breaches of health and safety
law which led to the death of Liam Gill, aged 13, and the serious injury of two
teenage boys, aged 14, at Allerton rail depot in Liverpool in August 2009.
On 9 August 2009, Liam and two friends trespassed on the disused Allerton
rail depot, gaining access through a gap in the boundary fence. The depot
contained a number of abandoned train wagons, stored beneath a live 25,000 volt
overhead power line. Liam climbed onto the roof of a train wagon, was
electrocuted and died of his injuries. His two friends suffered severe
burns.
Today’s sentencing at Liverpool Crown Court follows an ORR investigation into
the incident which found that EWSI had failed to adequately prevent trespass on
the depot by not ensuring the boundary fence was maintained. The judge found
that the company failed to carry out a legally required assessment of the safety
risks, failed to secure the wagons to prevent trespassers, and did not ensure
appropriate security patrols were in place. These factors were a significant
cause of Liam's death. EWSI pleaded guilty to two charges relating to these
failings at Liverpool Magistrates’ Court in autumn 2011.
