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.
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