Deaths at Goodna March 2006

[ozbob]

From the Brisbanetimes click here!

Coroner to release findings on children killed by train

Coroner to release findings on children killed by train
December 23, 2009 - 6:55AM

Coronial findings into the deaths of three boys who were killed by a train in Brisbane three years ago will be released today.

State Coroner Michael Barnes is due to release his findings into the deaths that occurred in March, 2006.

Brothers Hayden and Glen Duncan, aged 10 and eight, of Mount Gravatt East, and their nine-year-old cousin Reggie Fisher of Carole Park, died instantly when struck by a passenger train between Goodna and Redbank stations in Brisbane's west.

The inquest in November heard the boys had been asked to move on from the Redbank Train Station after dangling their feet over the platform before the fatal accident.

The boys swore at the officer and were seen shortly after throwing rocks at a train, the court was told.

It heard trains were put on alert that youths were on the track but the driver of the Brisbane-bound train that hit the boys, Dennis Smith, did not see their shadows until they were just 20 metres away.

Emergency brakes were applied but the train did not stop until 375 metres after the collision point.

Mr Smith was excused from giving evidence at the inquest because of fears the traumatised driver might commit suicide.

Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).

AAP

[ozbob]

This was a sad incident.  The fact remains railway lines are not safe places.

I recall growing up in Melbourne.  Much of the suburban network in Melbourne was unfenced, and still is.

Fences will not stop anyone intent on accessing the rail corridor.  Organisations can only do so much, it is individuals responsibility in the end to act safe, and ensure that message is carried through to minors.

[justanotheruser]

I agree Bob. very sad. I'm sure some of the satements made by the family are through grief. Swearing is not seen as a serious offence worthy of holding people over. Generally it is only if you give police a tough time and swear in a public place that you get arrested for it. Train stations are not legally considered a public place as they are owned by a corporation. The fact that it is a government owned corporation makes no difference. A public place is the street outside the train station not the train station itself.

[#Metro]

The cyclone fencing used is weak and is easily cut, and can facilitate climbing because the holes can fit feet.
A large 'panel mesh' type fence like that used in the middle of the busway (only larger) would really help.

The tighter weave and tiny holes make it hard to manoeuvre to cut it, and it does not facilitate climbing.
Top it off with razor wire.

I agree that there is only so much possible. But the fences have to go.

[ozbob]

I just heard a brief report on ABC Radio News which said in part the coroner has said the QR Driver was driving dangerously and QR procedures were at fault.   It is normal practice to turn off lights on that section to stop blinding vehicles on the highway.  In many locations trains run with out headlights, eg. UK.

Bit like trucks driving into trains.  It is all the trains fault ....

What a sad and sorry society we have become.  No one is able to accept their real responsibilities to themselves, others and society. Always looking for scape goats.

[ozbob]

From the Brisbanetimes click here!

Dangerous driving killed boys: Coroner

Dangerous driving killed boys: Coroner
AMELIA BENTLEY
December 23, 2009 - 1:09PM

The State Coroner has found a train driver was driving dangerously when his train hit and killed three children almost four years ago.

Hayden Duncan, 10, his brother, eight-year-old Glen Duncan, and their nine-year-old cousin Reggie Fisher died instantly when they were struck by a Brisbane-bound passenger train between Goodna and Redbank stations about 6.40pm on March 11, 2006.

Coroner Michael Barnes today referred the case of driver Dennis Smith for disciplinary action by his employer, Queensland Rail.

In his recommendations, Mr Barnes said Mr Smith failed to modify his manner of driving after being told three boys were throwing rocks in the area.

"Instead, he pulled down the blinds in the cabin to protect himself (from rocks), drove at full speed and turned off the headlights," Mr Barnes said.

However, Mr Barnes did not recommend to the Director of Public Prosecutions a charge of dangerous operation of a motor vehicle causing death, saying he did not believe it was likely Mr Smith would be convicted of the offence.

On the evidence presented to the inquest it was not clear whether Mr Smith had been specifically told the boys had been seen inside the fenced off rail corridor.

Mr Barnes also made reference to the fact that the children had been wandering the area alone.

"Clearly it would have been preferable had the children not been allowed to roam the suburbs unsupervised - they were clearly too young to take adequate care of themselves."

The inquest had been told the train driver was reportedly going about 80kmh when he spotted the children "crouching between the tracks" in front of him.

He used an emergency brake, but told investigators he knew the boys had "no chance" of survival.

Minutes before the tragedy another Brisbane-bound passenger train reported to Queensland Rail's central control room that three young children were inside the fenced-off rail corridor and were throwing rocks which had smashed the outer glass of at least one window.

The inquest was told the driver of the train which struck the boys heard on the radio there were track trespassers and slowed down but he also dimmed his train head lights as was normal practice to avoid interference with traffic on a nearby road.

When he didn't spot the children, he sped up again. Shortly afterwards, the train struck the youngsters.

The train driver was due to give evidence at the hearing but his lawyer successfully argued his client suffered from severe depression and post traumatic stress disorder following the boys deaths.

The court was told if the driver was made to recount the incident in a courtroom it may "tip him over the edge" to take his own life.

The driver, currently on leave from QR, suffered nightmares and flashbacks of seeing children flying through the air, the court was told.

[ozbob]

However, Mr Barnes did not recommend to the Director of Public Prosecutions a charge of dangerous operation of a motor vehicle causing death, saying he did not believe it was likely Mr Smith would be convicted of the offence.

Of course not! 

[#Metro]

I just heard a brief report on ABC Radio News which said in part the coroner has said the QR Driver was driving dangerously and QR procedures were at fault.   It is normal practice to turn off lights on that section to stop blinding vehicles on the highway.  In many locations trains run with out headlights, eg. UK.

Oh dear, this has just been a sad sad saga for everyone involved.
They should not have been there on the tracks. Trains can't swerve. Period.

[Derwan]

How ridiculous is this finding!  These kids were not supposed to be there.  They were even told to move on by the police.  The parents obviously had no idea where they were!  And yet the coroner blames the train driver for doing his job!

I wouldn't be surprised if unions take action over this - and so they should!  I'm not a union supporter, but this is one case where the union should show their support for the worker.

Train drivers need to be able to get on with their job without worrying about being held responsible for hitting people who shouldn't have been on the tracks in the first place.

RIDICULOUS!

[ozbob]

I think there are legal review processes to these sort of inquiries.  I trust the union and QR do just that.

[O_128]

these idiotic kids should not have been on the track. how about the parents be charged for not supervising there children.

[Derwan]

Okay - I'm just getting started here:

1.  The driver DID slow down in the vicinity of the reporting sighting despite the coroners suggestion that he "drove at full speed".

2.  There was no suggestion that the kids were on the track - only that they were within the fenced area and throwing rocks at trains - so of course the driver should pull down the blind for his own protection.  The only concern for him at that stage was being pelted by rocks - not that the kids could have been on the track.  He probably slowed down more for his own protection too!  The driver could not have reasonably perceived that the kids would be crouched on the track and not hear the approaching train.

3.  Dimming the lights was common practice.  Perhaps all drivers should now leave lights on and if there are complaints from drivers, too bad!

RIDICULOUS!

[ozbob]

Hundreds killed and thousands maimed on the roads this year, where is the coroner?

Farce ...

[Jon Bryant]

1000's killed each year. Over 1600 last year across Australia... and the only solution is bigger, straighter and faster roads with the old speed camera which is well signed in advance.  Now that is RIDICULOUS! 

This is akin to putting unlocked gate on the fence along a rail line.

[ozbob]

From the Courier Mail click here!

Inquest into boys' train deaths rules 'no charges' against driver

Inquest into boys' train deaths rules 'no charges' against driver
Article from: AAP

December 23, 2009 01:43pm

A TRAIN driver will not face criminal charges over the deaths of three boys who were hit by his train while playing on rail lines near Brisbane.

But Queensland's chief coroner Michael Barnes has referred his findings into the tragedy to the CEO of Queensland Rail for possible disciplinary action against the driver, Mr Dennis Smith.

Mr Barnes today handed down his findings after an inquest into the deaths of brothers Glen, 8, and Hayden Duncan, 11, and their cousin Reggie Fisher, 9, on the tracks not far from their home in Mount Gravatt East on the evening of March 11, 2006.

The three were killed instantly when a Brisbane-bound train hit them just 40 minutes after a police officer had cautioned them for standing too close to the edge of the platform.

The inquest earlier heard the boys told Senior Constable Kym Gralton to ''f*** off'' when he warned them about the dangers of rail lines after finding them at Redbank station dangling their legs over the platform just after 6pm.

The boys then moved on to pelt a train with rocks and smashed the window of one of the carriages.

Because of the incident, Queensland Rail had been put on alert that youths were on the tracks but, the inquest heard, the driver did not see them until they were 20 metres away.

The court heard the train was travelling at about 80km/h at the time with a protective shield on the windscreen. It was also travelling with no headlights on to avoid interfering with Ipswich motorway traffic.

The driver hit the emergency brakes but his train did not come to a stop until 375m after the collision point.

Driver Mr Smith had earlier been excused from giving evidence at the inquest because he was suffering from post traumatic stress disorder.

Mr Barnes was investigating whether any criminal or disciplinary charges should laid out of the incident and also if there should be any changes to policy about how train crews should react about people in rail corridors.

He found there should be no action taken against the police officer who had earlier spoken to the boys and that, while the train's driver may have driven dangerously as defined under law, he would have a defence that the DPP could not negate.

The coroner said he therefore would not recommend the DPP look at criminal charges but he would refer his findings to the head of Queensland Rail.

Blog comment:

Is there a legal review process available to the driver, unions and QR I wonder?  This coroner, as has most of the legal system, lost contact with reality.

It is normal practise to dim lights on that section to stop interference with the roads.  The driver did slow down, when he considered it was clear he resumed normal duties.    People who trespass onto railway lines are at a grave risk, fact of life really.  This train driver should be exonerated!

[ozbob]

The blog comments at the CM have it right ..

-->  http://www.news.com.au/couriermail/comments/0,23836,26520760-952,00.html

[Derwan]

The blog comments at the CM have it right ..

And they're the ones that have been published.  Mine hasn't (yet)!

I still can't believe the outcome.  One of the mother's appeared on TV basically blaming the police for not detaining the kids and taking them home.  Sorry, but why should the police babysit your children?  Why didn't you know where they were?

Could it be that the coroner feared being labelled racist if he laid blame on the parents?  It seems a bit weak to just say, "Clearly it would have been preferable had the children not been allowed to roam the suburbs unsupervised."  That part is obvious!  But it does not link the lack of supervision directly with the accident resulting in the children's death.  Instead the blame has been placed on the driver.  Shame, shame, shame!!

[ozbob]

I just heard a union spokesman on ABC Radio stating very clearly the driver was not driving dangerously.

Must agree.

[#Metro]

The driver hit the emergency brakes but his train did not come to a stop until 375m after the collision point.

I don't wish to be disrespectful, it was an awful incident;
Though I wish to look at whether the kids could have been seen from 100 m away if the lights were on.

We know that:
1. the train ran 375m after the collision point, and
2. the emergency brakes were applied 20m before (1)
3. the train was running at 80 km/hr

So even if they were seen by the driver at a distance of 100m away and he had applied the emergency brakes, the train would likely have still hit them (at slower speed) and run for another 295m.

A train travelling at 80km/h travels at 22.22m/second.
So even if the lights were on, they would have had ~4.5 seconds to to realise it and move out of the way if they were looking.

[ozbob]

Media Release QR

http://www.media.qr.com.au/News/MediaRelease/09-12-23/Coroner_findings_and_recommendations_-_inquest_into_the_deaths_of_Hayden_Duncan_Glen_Duncan_and_Reginald_Fisher_-_11_March_2006.aspx?News=CntItem

Coroner findings and recommendations - inquest into the deaths of Hayden Duncan, Glen Duncan and Reginald Fisher - 11 March 2006

23 December 2009

Executive General Manager QR Passenger Paul Scurrah says QR will be looking very closely at the Coroner's findings and recommendations, received at midday today.

"This incident at Goodna was a tragedy on so many fronts - for the three children, for their families and also for our driver who suffers ongoing stress as a result of the accident. 

QR has gone to great lengths to implement the recommendations of the Queensland Transport investigation following this accident.  This is acknowledged in the Inquest findings today by the Coroner.

We will now look at anything further QR is able to act on as a result of today's findings. 

Any action needs to be balanced with the consideration given to the trauma suffered by all those involved, including our train driver.

On a daily basis, our drivers are faced with very challenging and sometimes traumatic situations. Unfortunately, many of this incidents result in very tragic endings.

I take this opportunity to remind the whole community of the dangers in the rail corridor and plead with people to stay safe and stay well away from the rail corridor"

[#Metro]

The Source: http://www.courts.qld.gov.au/DuncanHDuncanGandFisherR20091223.pdf

Warning: Some people may find the contents of this document graphic and disturbing.

Pages 14 - 19 discuss what happened, the actions of train 1, 2, and train 3 (the incident train) that passed through the area.

[ozbob]

Thanks for the link.  Had a quick read, still of the opinion that the driver did not drive dangerously.

[Jon Bryant]

If it was road they were playing on would the driver of the car have been even considered at fault for a second.  No!!!!!:pr .

[O_128]

The only gap i can see is why the police wernt called the first time the boys were seen playing on the tracks

[longboi]

The only gap i can see is why the police wernt called the first time the boys were seen playing on the tracks

The police liason officer on duty at QR control was aware of the situation and advised local Police of the boys at 1830 [Page 8, Paragraph 6]

[Jon Bryant]

The TV media has made this out to be totally the fault of the driver.  The findings are an absolute travesty of justice.  I am lost for words. 

[longboi]

What was the driver supposed to do?

You know your train is going to be pelted with rocks, it is common knowledge that having your lights on makes you a nice big target.
It was reported over the radio that the boys were behind the billboard. There was nothing to suggest that the boys were on the tracks and the driver was simply trying to get through the area with as minimal damage as possible.

[O_128]

The TV media has made this out to be totally the fault of the driver.  The findings are an absolute travesty of justice.  I am lost for words. 

the media seems to be just as scared nowadays. Im not surprised the fact that they are indigenous hasnt been used for fear of retribution.

[ozbob]

From the Queensland Times 24th December 2009 click here!

No charges for train driver

No charges for train driver

24th December 2009

THE Queensland coroner has cleared a police officer blamed for not doing enough to protect three boys who were killed by a train near Goodna in 2006.

Coroner Michael Barnes yesterday recommended no criminal charges over the deaths despite finding the train driver was driving dangerously.

Hayden Duncan, 10, his brother Glen Duncan, eight, of Mount Gravatt East, and their cousin Reggie Fisher, 9, of Carole Park, died instantly when they were struck by a passenger train between Goodna and Redbank stations in March, 2006.

Mr Barnes released his findings into the deaths yesterday, recommending only that driver Dennis Smith's conduct be referred to Queensland Rail (QR) chief executive Lance Hockridge for possible disciplinary action.

The inquest heard that just before the collision, the boys were asked to move on from Redbank station by Senior Constable Kym Gralton after they were dangling their feet over the platform.

The boys told Snr Const Gralton to "f*** off" before moving on and later pelting a train with rocks.

The Queensland Times was deluged with letters last month after Norma Boyd, the mother of Hayden and Glen, said Snr Const Gralton could have prevented the tragedy by detaining the boys and contacting her.

Mr Barnes said while Snr Const Gralton could have taken the boys into custody, it was not unreasonable for her to assume they would make their way home unharmed.

"It is difficult to see what she could reasonably have done," Mr Barnes said.

"I doubt the boys would have agreed to wait quietly in her office while she made inquiries to locate their parents. I therefore refrain from making any findings adverse to her."

In the days after the incident, then Premier Peter Beattie led a chorus of criticism including numerous letters to the QT chastising the parents for not keeping a closer eye on their children.

The court heard that just before the incident, a passing train advised the driver Mr Smith there were "kids up there throwing rocks, smashing windows as the trains go by".

The inquest heard Mr Smith did not see the boys' shadows until they were 20 metres away. Emergency brakes were applied but the train did not stop for another 375 metres.

Mr Barnes labelled Mr Smith driving at 80kmh, turning off his headlights to avoid becoming a target and pulling down his windshield as "dangerous".

However, he decided against referring Mr Smith's actions to the Director of Public Prosecutions because defence lawyers in a trial would successfully prove Mr Smith believed the boys were throwing the rocks from off the tracks or had moved on.

[ozbob]

From the Queensland Times 24th December 2009 pages 1 and 2

Page 1

GOODNA TRAIN TRAGEDY: COP CLEARED



Page 2

No criminal charges for train driver



Note the comments by Ms Nolan ...

[ozbob]

From the Courier Mail 24th December 2009 page 7

Train death driver to face no charges

[ozbob]

From the Brisbanetimes click here!

Three young lives wasted

Three young lives wasted
AMELIA BENTLEY
December 24, 2009 - 5:20AM

On the day he died, 11-year-old Reggie Fisher had spent the morning playing for his local football team, the Forest Lake Falcons.

He and his two cousins, Hayden, 10 and Glen Duncan, 8, were big league fans - in particular they loved the Brisbane Broncos.

Glen was a good school student. His idol was his brother Hayden, who loved hip hop dancing and playing his X-Box.

But just after nightfall on March 11, 2006, the last moments of their lives were spent throwing rocks at trains passing between Goodna and Redbank train stations.

All three boys were hit and killed by a Brisbane-bound passenger train travelling at 80kmh with its head lights turned off.

The boys had managed to get inside the fenced-off rail corridor and had been picking up rocks from between the tracks' sleepers when they were struck.

Investigators believe the boys would not have heard the train coming due to the noise from the nearby Ipswich Motorway.

Norma Boyd, mother of Glen and Duncan, yesterday told Seven News the ordeal had been a "nightmare" for her and her family.

"It should be a warning to others," she said.

"All we can do is move forward and make our lives better."

Yesterday, State Coroner Michael Barnes ruled the driver, Dennis Smith, had been driving dangerously given he had been told there were youths in the area.

He also ruled the tragedy may not have happened if the train's lights had been switched on.

The boys may have seen the lights and got off the tracks, or the driver may have seen the boys before it was too late. He recommended Queensland Rail take disciplinary action.

But such action is probably the least of Dennis Smith's worries.

The court had been told he suffers post traumatic stress and severe depression, is currently on leave from QR and will likely never drive a train again.

He has flashbacks of bodies flying through the air. He is not the man he once was.

Mr Smith never gave evidence when his psychiatrist testified he may be pushed to take his own life if he was forced to relive the night in the witness box.

However Mr Smith told investigators of the incident he had been expecting to have the train's cabin and windscreen pelted with rocks when he passed through the spot where the previous train had reported seeing the boys.

"I had my head down making sure I wasn't going to get hit," he said in a statement.

"We were just worried about just not getting rocked, to be honest with you."

He said he didn't see the children until he was "right on them" and despite applying the train's emergency brake, the train came to a final stop 375 metres past the point of the collision.

In a recorded radio message that was played to the court, he is heard informing central control: "We've just collected those kids".

But Mr Barnes ruled Mr Smith should have slowed down, though he took into account there was no evidence he had been specifically told the boys were inside the fenced-off rail corridor.

He may have believed the boys were over the fence, throwing rocks from a vantage point, as is common.

Still, Mr Barnes said Mr Smith had been a danger in charge of train #10M1.

"He failed to modify the manner in which he drove the train ... instead, he pulled down the blinds in the cabin to protect himself (from rocks), drove at full speed and turned off the head light," he said.

He ruled QR's policies of "proceed with caution" and "proceed with extreme caution" in response to trespassers on rail tracks was a loose term and needed clarification.

But Mr Barnes did not find any wrongdoing on the part of a police officer who the boys' family had criticised for not detaining the children when she spotted them mucking around at Redbank train station, less than an hour before their deaths.

The policewoman had ordered the boys to leave the station when she spotted them dangling their legs over the train tracks and throwing soft drink at each other on the platform.

The boys swore at her but did leave the station, she told the inquest.

At about the time the boys were kicked out of the station, she and her partner had started to worry and were driving around their local area looking for the boys, a search that proved fruitless.

Ms Boyd told media on the first day of the inquest the officer made a mistake and should have called her or driven them home.

Mr Barnes said the boys' parents were ultimately responsible for their safety.

"Cleary it would have been preferable had the children not been allowed to roam the suburbs unsupervised - they were too young to take adequate care of themselves," Mr Boyd said.

Maria Rinaudo-Lewis, the barrister representing the Duncan and Fisher families, said they felt somewhat vindicated by the the coroner's findings.

"What they're thinking is that they still just feel that maybe the Coroner has more or less agreed what they've always felt - that this could have been avoided," she said.

But Ms Rinaudo-Lewis said the family felt somewhat cheated by the fact that Mr Smith did not take the stand during the inquest.

"The thing they said to me ... was they just wish the driver had come to the inquest," she said.

"They feel something's missing, because he didn't give his side of the story."

- with Cameron Atfield

[Jon Bryant]

If the driver was made to attend so should the mother to explain why such young children were not at home.  Having children is not an all care no responsible occupation.   

[ozbob]

I just heard Minister Nolan repeating the quotes in the QT article above on radio.

It would seem to the only person who thinks the train driver is responsible is the coroner,

the parents of the deceased don't,
public opinion doesn't,
the unions don't,
the Minister doesn't ...

[ozbob]

From the Brisbanetimes click here!

'Don't blame train driver'

'Don't blame train driver'
CONAL HANNA
December 24, 2009 - 8:11AM

State Transport Minister Rachel Nolan has defended the actions of the driver of a train which struck and killed three boys in 2006.

Yesterday, State Coroner Michael Barnes ruled Dennis Smith had been driving dangerously when Reggie Fisher, 11, Hayden Duncan, 10, and Glen Duncan, 8, were hit and killed on the night of March 11, 2006.

Mr Barnes ruled Mr Smith should have slowed down when he was told youths were in the area throwing rocks, although he took into account there was no evidence he had been specifically told the boys were inside the fenced-off rail corridor.

But Ms Nolan said she was "extremely disappointed" in the Coroner's findings.

"It is very unfair to attribute the blame to the train driver who was just doing his job," Ms Nolan said.

"There is only so much the government can do to keep the world safe. In this case, the railway line was fenced, the train driver was driving at the speed limit and police had taken action to keep the children away from the tracks.

"This is an absolute tragedy for everyone involved but it is unfair to blame the driver who is deeply traumatised by this event."

Mr Smith never gave evidence at the Coroner's inquest after his psychiatrist testified he may be pushed to take his own life if he was forced to relive the night in the witness box.

He had previously told investigators of the incident he had been expecting to have the train's cabin and windscreen pelted with rocks when he passed through the spot where the previous train had reported seeing the boys.

"I had my head down making sure I wasn't going to get hit," Mr Smith said in a statement.

"We were just worried about just not getting rocked, to be honest with you."

Ms Nolan has endured a rocky relationship with the Rail, Bus and Tram Union of late, over the relocation of QR administrative staff to Ipswich and reports sabotage may have been behind recent train delays.

[ozbob]

From the ABC News Online click here!

Coroner unfair to blame train driver: Minister

Coroner unfair to blame train driver: Minister

Queensland Transport Minister Rachel Nolan says it is unfair for the coroner to blame a train driver for a triple fatality on the Ipswich line in 2006.

Hayden Duncan, 10, his brother Glen, 8, and cousin Reggie Fisher, 9, were struck by the train while playing on the railway tracks at Goodna, west of Brisbane.

The boys had earlier been seen throwing rocks at another train.

Train driver Dennis Smith will not face criminal charges, but he was criticised by coroner Michael Barnes for turning the train's headlights off to avoid being targeted.

Ms Nolan says she does not agree with the findings.

"Ultimately, people shouldn't let their children be on the railway line and when they are, the train driver's got nowhere to go," she said.

"It's not his fault when this happens - he was driving at the speed limit, in the right place.

"He is deeply traumatised by this event and I think it's quite unfair to add further to that by seeking to blame him in some way for what's happened."

Queensland Rail (QR) says it will look at the coroner's findings that its policies are inadequate after the deaths of the three boys.

Mr Barnes handed down his findings yesterday, saying QR had already acted on a Queensland Transport recommendation for a review of procedures when trespassers are on the track.

However, Mr Barnes says there still needs to be a clearer definition of the instruction that drivers should "proceed with caution" if trespassers are reported.

Policies 'uncertain'

He says at the time of the deaths, the policies were uncertain and gave drivers too much discretion.

Mr Barnes says the boys were gathering stones from between the rails at night.

He says the train driver was aware the boys were on or about the railway line but had switched off his headlights and proceeded at 80 kilometres an hour.

Mr Barnes says the driver did not see the boys in time to stop or sound his whistle.

He said if the lights were on, the driver should have seen the children earlier and they were more likely to have seen the train approaching.

But the coroner says it is unlikely Mr Smith would be convicted of dangerous driving and the case has not been referred to the Director of Public Prosecutions.

The train driver was excused by the coroner from testifying at the inquest because he continues to suffer post traumatic stress disorder due to the accident.

QR spokesman Paul Scurrah says the incident was a tragedy for all involved and the train driver continues to suffer ongoing stress.

Mr Scurrah says QR will look at the coroner's findings to decide if further action is needed.

Speeding disputed

But Greg Smith, from the Australian Federated Union of Locomotive Employees (AFULE), disputes the Coroner's finding that the train driver was driving dangerously.

However, he says AFULE backs the coroner's recommendation QR needs to clarify procedures for when trespassers are on the track.

"There was trespassers on the corridor - they shouldn't have been there," he said.

"The driver had no choice when the incident occurred - he wasn't driving dangerously.

"The speed limit was 100 kilometres per hour at the time and he was doing 20 kilometres lower than that speed."

He says the driver will not return to his job.

"Quite honestly - as I'm standing here - I'd say no, he won't drive again," he said.

"The evidence given by Dr Wong in the inquiry still stands and at this point in time he's still in a fragile state of mind, very fragile."

Child safety

The coroner's report shows they were all known to Queensland's Department of Child Safety (DCS).

Mr Barnes says the brothers had been subject to notification within the DCS but none had been judged to warrant intervention.

DCS staff had also been in contact with Reggie Fisher's family since 1997.

Toxicology tests showed one of the boys had cannabis and chroming residues in his system.

The coroner said it would have been preferable if the children had not been allowed to roam the suburbs unsupervised, but that did not mean anyone causing them harm should be excused.

The mother of two of the boys killed, Norma Boyd, says she has been told the driver will face disciplinary action within Queensland Rail.

She says the coroner's findings will help the family move on.

"I think the outcome is good," she said.

"For the coroner to come out and say what he did - I actually believed everything he said is true and correct - and regardless whether this man does face criminal charges or not, he is going to face some sort of action."

- Reporting by Kerrin Binnie, Kim Lyell and Melinda Howells

[Derwan]

Well done Ms Nolan!!

I fully expected Paul Scurrah's statement to indicate that they wouldn't be taking any action against the driver.  But I guess QR has to be seen to be taking the coroner's statements on board - otherwise they'd be accused of "looking after mates" or something like that.

I think QR has all the information they need from their own enquiry into the incident.  Time to put the driver's mind at ease and announce that no disciplinary action will be taken.  (This may have already been done directly to the driver to put his mind at ease, but I'd like to see an immediate public statement to show the complete rejection of the coroner's findings.)

[ozbob]

From the Brisbanetimes click here!

QR urged to exonerate train driver

QR urged to exonerate train driver
CONAL HANNA
December 24, 2009 - 11:13AM

The Rail, Tram and Bus Union has called on Queensland Rail chief executive Lance Hockridge to immediately exonerate the driver involved in a crash that killed three young boys in 2006 or risk industrial action from employees.

Yesterday, State Coroner Michael Barnes ruled Dennis Smith had been driving dangerously when Reggie Fisher, 11, Hayden Duncan, 10, and Glen Duncan, 8, were hit and killed on the night of March 11, 2006.

Mr Barnes ruled Mr Smith should have slowed down when he was told youths were in the area throwing rocks.

He did not recommend charges be laid, but referred the case for disciplinary action by QR.

RTBU state secretary Owen Doogan today said any attempts to discipline the driver could result in strike action by fellow drivers.

"I'm not saying that union is going to call a strike but drivers could take matters into their own hands," Mr Doogan said.

"Quite frankly it was a disgrace that the Coroner tried to find some reason or other to blame this driver.

"We're absolutely furious with that, and we're seeking the (QR) chief executive to make an immediate commitment that no action will be taken.

"That driver wasn't able to swerve like you can in a car. When you're in a train, you can put the brakes on and wait for it to stop. There's nothing else they can do. He was well below the speed limit. ... There was no need for him to have his lights on."

Mr Doogan agreed with comments by the Coroner that QR needed to better define terms such as "proceed with caution" and "proceed with extreme caution" when used over train crew's communication radios.

"I might note that he didn't suggest that the chief executive of QR should be disciplined because there weren't proper procedures in place. It's only the poor driver he was after," Mr Doogan said.

He praised Transport Minister Rachel Nolan for coming out in support of the driver earlier today.

"It's up to the chief executive to listen to the Transport Minister, to listen to the union, and put not only this driver's mind at rest but all the rest of the train crew in Queensland Rail."

A spokesman for Queensland Rail said the company would not make a decision on further action without careful consideration.

Executive general manager of QR Passenger Paul Scurrah yesterday highlighted the challenging circumstances faced by drivers on a daily basis.

"Any action needs to be balanced with the consideration given to the trauma suffered by all those involved, including our train driver," he said.

Earlier today, Ms Nolan said she was "extremely disappointed" in the Coroner's findings.

"It is very unfair to attribute the blame to the train driver who was just doing his job," Ms Nolan said.

"There is only so much the government can do to keep the world safe. In this case, the railway line was fenced, the train driver was driving at the speed limit and police had taken action to keep the children away from the tracks.

"This is an absolute tragedy for everyone involved but it is unfair to blame the driver who is deeply traumatised by this event."

Mr Smith never gave evidence at the Coroner's inquest after his psychiatrist testified he may be pushed to take his own life if he was forced to relive the night in the witness box.

He had previously told investigators of the incident he had been expecting to have the train's cabin and windscreen pelted with rocks when he passed through the spot where the previous train had reported seeing the boys.

"I had my head down making sure I wasn't going to get hit," Mr Smith said in a statement.

"We were just worried about just not getting rocked, to be honest with you."

[#Metro]

Difficult for all...

[Derwan]

I've now published an article about this on my website: http://www.derwan.com/view/view.asp?view=48