Drivers blamed for train crashes seek exoneration

Three train drivers blamed for killing 13 passengers after passing red lights in separate crashes are seeking exoneration in the wake of last week's Cullen report into safety.

One driver at the centre of the 1989 Purley crash, in which five people died, will appeal against a manslaughter conviction. Two others, involved in the 1996 Watford and 1997 Southall collisions, will demand that official verdicts declaring them the "primary cause" be withdrawn. Lawyers acting for the three argue that Lord Cullen's inquiry into the 1999 Paddington crash and his more general report last Thursday on safety in the industry means they should no longer be held culpable.

In his judgement on Paddington, in which 31 people were killed, Lord Cullen declined to blame Michael Hodder, the driver of the Thames Trains service which passed a signal set at danger. Instead he lambasted Railtrack for its "lamentable" failure to act over the signal which had been passed at red eight times in the previous six years.

In his more recent report, Lord Cullen made it clear that signals passed at danger (Spads) were overwhelmingly an organisational problem and not primarily the fault of any individual driver.

Mike Appleby, a partner at Thompsons, a law firm, described Lord Cullen's judgement as a watershed for the industry: senior managers can no longer "hide behind train drivers," he said.

He added: "These three men have had to live with the fact that they have been blamed for causing horrendous crashes in which people lost their lives. But Lord Cullen has demonstrated massive organisational problems which are not the responsibility of the person at the front of the train."

Mr Appleby has written to the Crown Prosecution Service (CPS) warning that he will appeal against a conviction of manslaughter against Robert Morgan for his involvement in the Purley crash. Mr Morgan, who now works solely on shunting duties, was originally sentenced to 18 months in jail, 12 of which were suspended.

The signal in question had been passed four times previously and was passed again in 1991 even after work had been completed to improve it. Far more substantial alterations were then made and the signal has not been passed since.

After the Watford crash in which one passenger died, the driver, Peter Afford, was acquitted of manslaughter. But the Health and Safety Executive's rail inspectorate subsequently said that Mr Afford's "disregard" was the "primary cause" ­ even though the signal had been passed at red four times previously. Action was subsequently taken to improve safety near the site of the signal and there have been no Spads since. Mr Afford took early retirement.

In its submission to Lord Cullen's inquiry into Paddington, the HSE said management deficiencies were the "root cause" of the crash.

A spokeswoman for the HSE said it would consider Mr Appleby's arguments and reply in due course. An official at the CPS said the evidence would be considered when it was received.