NOT GUILTY: Jury acquits Lac-Mégantic railroaders

[jordon412]

"SHERBROOKE, Quebec — The three railroaders at the center of 2013’s deadly Lac-Mégantic oil train wreck were found not guilty on all charges after a months-long criminal trial in Quebec.

Canadian media outlets reported Friday afternoon that the 12-person jury announced their verdict after nine days of deliberation.

Montreal, Maine & Atlantic engineer Thomas Harding, manager Jean Demaître, and dispatcher Richard Labrie were each charged with 47 counts of criminal negligence causing death following 2013’s fatal oil train wreck.

Government prosecutors argued that the actions of the three men directly led to the derailment and explosion that killed 47 people and leveled more than 30 buildings.

Prosecutors presented evidence and testimony for weeks. When the prosecution rested in December, the defendants announced that they would not present any evidence or witnesses. The jury was released for the holidays and closing arguments began on Jan. 3. Earlier this week, the 12-person jury told the judge they were deadlocked but the judge urged them to keep working on a verdict.

MM&A train No. 2 rolled downhill into Lac-Mégantic in July 2013 after a fire started on the lead locomotive. A local fire department responded to the fire and shut off the locomotive, causing the air brakes to slowly release. Harding, the engineer, had only applied hand brakes to the five locomotives, a remote control caboose, and a spacer car."
- Curtesy Trains Magazine E-Newsletter -

 

[jordon412]

Burkhardt: Lac-Mégantic jurors make right decision

"CHICAGO — Ed Burkhardt says jurors in the Lac-Mégantic trial made the right call by finding three former Montreal, Maine & Atlantic railroaders "not guilty" of killing 47 people in July 2013.

"None of these three accused meet the standard of criminal negligence, which is very tight," Burkhardt, former chairman of the Canadian short line railroad, tells Trains News Wire. "If we put people in prison for making mistakes ... and they made some big mistakes there ... jails would be full."

Burkhardt is head of Chicago-based Rail World Inc., which once managed the MM&A, but still manages or works closely with short lines in Colorado, Ohio, Estonia, and Poland.

For Canadians and the media, Burkhardt was the face of the short line in the aftermath of a July 6, 2013, crude oil train derailment and explosion. The wreck killed 47 people and leveled much of downtown Lac-Mégantic, Quebec. Burkhardt went to the Canadian village personally and attempted to answer questions from investigators and the public, but was widely criticized for the style and content of his responses.

The seasoned rail investor takes issue with Canadian government findings that the railroad lacked a safety culture and laid blame squarely on Thomas Harding, the MM&A engineer who failed to apply an adequate number of handbrakes on the train before leaving it unattended.

"I always thought that safety was one of the priorities as a rail manager," Burkhardt tells Trains. "Whatever you do, we proved that it wasn't sufficient. It just means doubling down and learning from mistakes."

He says the railroad he and his company help manage in Poland now has stricter rules enforcement. And that's just one lesson that he takes to heart.

"We ultimately can't measure the damage that was done in a monetary sense," he says of the Lac-Mégantic wreck. "There's nothing that goes on here that's ever going to bring back lives.""
- Curtesy Trains Magazine E-Newsletter -

 

[cascaderailroad]

"If we put people in prison for making mistakes ... and they made some big mistakes there ... jails would be full".

"I always thought that safety was one of the priorities as a rail manager," Burkhardt tells Trains. "Whatever you do, we proved that it wasn't sufficient. It just means doubling down and learning from mistakes."

He says the railroad ... now has stricter rules enforcement. And that's just one lesson that he takes to heart.

"We ultimately can't measure the damage that was done in a monetary sense," he says of the Lac-Mégantic wreck. "There's nothing that goes on here that's ever going to bring back lives."

So 47 lives lost, and the destruction an entire town, means nothing, not even $ 47 million in negligent homicide restitution ? ... and they get off Scott free, and nobody pays nothing ... and they learn a lesson, by doubling down by learning from mistakes ?

The judge and jury must be railfans, or in the pocket of someone

 

[JCitron]

"...

or in the pocket of someone.​

"

This says it right here. The company has plenty of money and should have invested in the infrastructure and equipment. Engines that catch fire and track that's so poor that trains fall off them isn't very good. The former BAR was in such poor shape under MM&A operations that the operations rival that of Guilford Transportation Industries before they reinvented themselves as PAR.

 

[Bluewater]

"...

or in the pocket of someone.​

"

This says it right here. The company has plenty of money and should have invested in the infrastructure and equipment. Engines that catch fire and track that's so poor that trains fall off them isn't very good. The former BAR was in such poor shape under MM&A operations that the operations rival that of Guilford Transportation Industries before they reinvented themselves as PAR.

The company should be on the hook, but I'm more hesitant with the engineer. As far as I've read, he had no way of knowing that the engine would've catch fire. The brakes he set were sufficient to hold the train in place. Had the fire not occurred, Lec-Megantic would not have happened. The engineer reported the black smoke to dispatch and he was told not to worry about it. At the same time, the lead engine was a GE, a C30-7. GE locomotives are well known for catching fire because the oil line is outside of the engine block, not inside, so the vibrations of the engine can cause the line to spring leaks and as a result start an oil fire.

I feel bad for Thomas Harding. Guy did his job according to the rules that were laid out by MM&A and as a result he was arrested by the Canadian version of SWAT while his son watched and the company executives got off.

 

[wholbr]

There is much which links several recent threads in this section of the forum. In that, there would seem to be a theme in regard to a the lack of identification of risks and hazards that should have been recognised prior to an incident occurring. In the forgoing there is also a feeling that so often occurs among the general public that justice is not equal among those who have played a role in any incident.

Britain prior to 1974 had undoubtedly the worst industrial accident record (by percentage of the working population) than any other developed country in the world. The foregoing was all changed by the introduction of the Health & Safety at Work Act 1974 which under legislation and inspection placed risk assessment at the very forefront of industrial safety.

Over the years since the above act was introduced industrial accidents involving death and injury have been reduced by eighty six percent and that figure has been attained on the back of a ever growing workforce number. The success of the above legislation has in more recent years been augmented by the introduction of the “Corporate Manslaughter and Corporate Homicide act 2008” which has succeeded in taking liability to the very top of large company boardrooms as was so well demonstrated in the Staffordshire roller coaster accident which occurred approximately two years ago.

The two above acts has brought about a culture of corporate safety from top down in the UK which has totally transformed accident figures from the worst in the world to the very low levels achieved now. However, as stated the basis for such a culture is risk assessment carried out by well trained personnel who have been given the powers to see that when hazards are identified in those assessments that the risk reduction and safe working procedures called for in those same documents are introduced without question or delay.

Legislation must ensure that failure in the above will lead to the severest penalties even at the highest level in any commercial organisation. As Britain learned, nothing else will ever have any impact on industrial accident figures and the misery so often brought with them.

Accidents will always occur due to system failure, design failure along with personal or corporate negligence. However those occurrences can be drastically reduced and brought well within acceptable levels with a strong safety culture backed up by inspection and legislation.

The above seems not to be the case in many of the incidents posted in this forum and other worldwide media.
Bill

 

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