GILES Rathbone, widower of a Teignmouth woman killed on the railway line while trying to rescue a pet dog, has hit out at weaknesses in Network Rail's safety procedures.
In a statement after an inquest into Debra Rathbone's death, he said it was 'quite incredible' that no risk assessment had ever been carried out on the wall which separates the railway line from a footpath running alongside.
Mr Rathbone, who works in the construction industry, said: 'They can make the rules, break the rules and do anything they feel like and not be accountable. That doesn't exist in any other occupation in the UK.' l from page one Debra Rathbone, 42, was killed instantly after being hit by a train on April 22, as she tried to rescue her sister's eight-month old beagle, which had leapt onto a bench, over the low retaining wall and onto the track. Mr Rathbone expressed disappointment that coroner, Ian Arrow, was unable to make any safety recommendations but acknowledged that Mr Arrow had pointed out that Network Rail and the Railway Inspectorate were both represented at the hearing 'I hope they will ensure that the minor things I have been asking for are addressed.
I am not asking for the wall to be raised two to three feet only for them to look at the bench area and the wall that is only 2'6" high. It doesn't have to be a massive construction.'
Mr Rathbone criticised the train's emergency braking system, which took 600 yards to come to a halt. And he drew attention to the discrepancy between the train driver's estimate of speed – 50mph – and that recorded by the black box, which showed it was in fact 61.2 mph. Mr Rathbone questioned why the black box was not automatically examined following accidents.
The inquest heard that Mrs Rathbone's sister, Brenda Rawlings and friend, Linda Stray, had come down from Southampton to celebrate Mrs Rawlings'40th birthday at a party that night. The three of them went for an early morning walk along the beach to Sprey Point . On the way back they walked beside the railway line.
Linda Stray, giving evidence, said that the dog was over the wall in a 'split second'. The two sisters checked for oncoming trains then climbed over to retrieve it, while she held onto the other dog. Neither dog had been on a lead.
Sister, Brenda Rawlings, said they tried to tempt the dog back with treats. 'I heard the train coming. Debby said, 'oh shit, there's a train coming, get the troops out'. . It sounded its horn and I saw it coming towards me. Debby was behind me. I pushed myself against the wall and shut my eyes. When the train had passed opened my eyes and saw Willow alive on the other side of the track. . I turned round to say 'Thank God for that', and saw Debby was on the floor, all broken. 'I kept telling her to get up. She felt warm, so I put my coat on top of her. I kept trying to get Debby up but she didn't move.'
She told the court that there were no warning signs, or saying that dogs should be kept on leads. 'I would like to say I am a responsible dog owner, even though relatively new at it.
'It was all much too easy to be able to get over the wall. I am not an athlete and my sister had pins in her back, so not easily able to move. We were able to hop over the wall with no problems.' Mr Rathbone told the court that when he arrived at the scene, he asked to see his wife only to be told, 'what you have to think about is do you want to remember her as she was or as she is now.'
'I thought it was very insensitive.' He said an official shouted out, 'Is it covered up' 'I want to make a point at how upset that made me feel. I am very angry at the way things have been handled.'
In a written statement, train driver Roy Bishop described how he saw two people on the track as he rounded the bend on his approach into Teignmouth Station. The nearest, in a blue anorak, had her back to the train. 'I think the person struck was standing in a sess (safety alcove) but still too close to the train. After blowing the horn I expected the person to turn round or move the few inches necessary.'
Questioning Peter Haigh, Structures Maintenance Engineer for West Country South Area, Mr Arrow read out Regulation 3.1 of the Railways Safety Rules, which states that 'reasonably practicable' measures should be taken to prevent unauthorised access to the track. 'Are you satisfied that it fulfils that obligation?' asked Mr Arrow. Mr Haigh said that the stretch in question was not subject to trespass or vandalism. 'As far as I know there has never been a fatality there.' He explained there were extreme difficulties in raising the height of the wall, which needed to be low and squat to act as a sea defence. A higher wall might collapse under storm conditions, washing debris onto the track posing a hazard to trains. He said that a risk assessment had not been carried out on the wall, which dated from Brunel's atmospheric railway in the 1840s. The seats set into the walls were added later. He said they were now considering raising the backs of the seating areas. Cause of death was given as multiple injuries, including a severe head injury. Summing up, Mr Arrow said: 'It is easy to gain access to the track at the position where the seats are set into the sea wall and it is heartening that these vulnerable points are to be reviewed.' Verdict: accidental death.