ENGINE CREW CHARGED

Evening Star, Issue 26029, 18 February 1947, Page 4

ENGINE CREW CHARGED

ALLEGED IGNORING OF DANGER SIGNAL COLLISION AT SUBURBAN STATION (P.A.) AUCKLAND, February 17. The trial was commenced to-day before Mr Justice Finlay and a jury of the engine driver and fireman of one of the two passenger trains involved in a collision at the Papatoetoe railway station on August 24, 1946, when about 20 passengers were injured in varying degrees. The accused were George Robert Pretoria Dickson, aged 46, and Desmond Samuel Illsley, aged 22, engine driver and fireman respectively of the suburban passenger train bound from Auckland to Papakura, which ran into a stationary train standing at the Papatoetoe platform. They were jointly charged with causing actual bodily harm to Williaih Henry Gallagher in such circumstances that if he had died they would have beenguilty of manslaughter. Each was separately charged with culpable neglect of duty by unlawfully and wilfully failing to observe a railway signal, thereby endangering the lives of Donovan John Whale and other passengers on the train. Mr G. S. tR. Meredith., assisted by Mr G. Speight, is conducting the case for the Crown. The accused Dickson is represented by Mr K. C. Aekins, and Mr F. McCarthy,, instructed by Mr T. Henry, is appearing for Illsley. The Crown alleged that the criminal responsibility of the two men arose out of their neglect to observe No. 28 “ down-home ” signal guarding the approach to the Papatoetoe station, said' Mr Meredith. Witnesses would say that the signal was showing red, requiring the train to stop. The an-, cuseds’ train continued on and collided with a stationary train. Explaining the signalling system at Papatoetoe, Mr Meredith said that ®two signals were involved in the case signal No. 1,003 and down-home signal No. 28. The purpose of No. 1,003 was to give the crew of a train approaching Papatoetoe warning of what they could expect to see on the second signal. It was alleged that when train No. 141, in charge of the two accused, reached this signal it was showing a yellow light at the top and red at the bottom, indicating that the line was clear ujo to signal No. 28, which could be expected to be showing red. Although the latter signal showed two red lights, meaning danger, the evidence would be that the train ran straight past it on August 24. The regular suburban AucklandPapatoetoe passenger train was turned round at the Papatoetoe Station in readiness to return to Auckland about noon, the Crown Prosecutor continued. Because a special express train was due to pass through on its way from Wellington to Auckland, it had to be left standing outside the station on the down main line instead of, as usual, on the up main route. The probabilities in the case were that the two accused assumed that the other train was on the other route as usual, and “just bowled in without looking at the. signals.’’ William Henry Gallagher, aged 00, said lie was about to board tlie stationary train Avhen the collision occurred. He fell down on the line between two carriages and suffered injuries to his spine, ribs, and an eye. After spending three weeks in hospital he was an out-patient for three months. Other passengers on the. two trains also gave evidence of the injuries they suffered. Patrick William Wilson, driver of the stationary train, said he noticed the other train approaching about two car lengths away, and he and his fireman jumped from the cab before the collision. When he examined the cab of the other engine lie saw the Westinghouse brake in tlie emergency position, indicating that Dickson had made an effort, to stop thfe train. On the application of Mr Meredith, the court adjourned to enable the jury to view the scene of the accident before the technical evidence was called. The hearing will be resumed to-mor-row.