Monday, November 19, 2012

'An appalling disregard for safety': Railway guard jailed for five years over death of teenage girl who fell under carriage


A railway guard found guilty of manslaughter following the death of a teenage girl who fell under a train was jailed for five years today.

Christopher McGee, 45, took a 'terrible risk' by giving the signal for the driver to depart as Georgia Varley, 16, was leaning against the carriage, a judge said.

The sixth-form college student, who was drunk on a night out in Liverpool with friends, fell between the train and the platform at the city’s James Street station in October last year as a result of McGee's 'appalling disregard for her safety', a court heard.

Georgia, who was leaning against the train when the railway guard gave the signal for it to leave, was seen to stagger and fall into the gap as it moved away from the platform.

McGee was found guilty of manslaughter by gross negligence following a two week trial at Liverpool Crown Court.

Jailing McGee for five years today, Mr Justice Holroyde said: 'You did not intend to kill or even injure her, but you displayed an appalling disregard for her safety and she paid for your criminal negligence with her life.'

Passing sentence, the judge said: 'In my judgement, the CCTV footage is unequivocal, Georgia Varley was not moving away and she was not showing any sign of moving away.
'She only moved when the movement of the train deprived her of support and caused her to lose balance and fall to her death.

'I am satisfied that you merely hoped and assumed she would get out of the way when the train began to move, and on that wholly inadequate basis you took a terrible risk,' he added.

'You must have known that a passenger who falls between the train and the platform is likely to be killed,' he told the defendant.

'As the guard of the train, you were in complete control of the movement of the train. That control carries with it the direct and personal responsibility for the safety of passengers.'

After the sentencing Georgia's father Paul Varley said it felt as though the day of his daughter's tragic death had lasted for 13 months for her heartbroken family, as they awaited the outcome of McGee's trial.

Mr Varley tearfully described Georgia as 'somebody very special' as he paid tribute to his daughter outside the court.

'It’s taken eleven jurors just over two hours to make the right decision based on the evidence given them to convict Christopher McGee of manslaughter,' he said.

'There are no winners here. Georgia was somebody very special and very unique.
'The 22nd of October 2011 has lasted for 13 months. Our family now have to try and move forward with our loss.

'Please respect our privacy and let us grieve in peace,' he added.
Georgia, from Moreton, Wirral, had gone into Liverpool for a night out with her friends when the incident happened on October 22 last year.

A blood analysis following her death showed she had 236mg of alcohol per 100ml of blood in her system - the legal driving limit is 80mg.

She also had 0.083mg of the drug mephedrone, or Mcat, in her system at the time of her death.

The jury was shown shocking CCTV footage of the teenager’s death.

Georgia was seen mistakenly getting off the train just before 11.30pm, and then turning around and leaning against the side as she realised her friends were still on board.

The Birkenhead Sixth Form College student was then seen to stagger and fall down the gap as the train moved off, before stopping after travelling around 30ft.

Mr Justice Holroyde told the defendant today: 'Much has been made on your behalf during this trial of how intoxicated Georgia was, but that did not relieve you of the duty of care which you owed to her.

'You alone determined whether the train remained stationary or began to move. Your decision and your action determined whether Georgia Varley was safe from risk.'

The judge, who pointed out that McGee had been 'repeatedly trained and instructed' in safety matters during his career with Merseyrail, described the suffering of Miss Varley's family in the wake of the tragedy.

'When a crime of homicide is committed, one life is ended but many more lives are damaged or destroyed,' he said.

'In an eloquent written statement, Georgia Varley’s mother has made very clear the excruciatingly painful sadness which she suffers. Of course, she is not alone in grieving; Georgia’s father, her wider family and her friends have all suffered and will continue to suffer.

'No sentence of the court can bring back their loved one, or make up for their loss,' he added.

The judge added that McGee’s negligence could be 'measured in seconds' and 'must be viewed against a background of more than 20 years conscientious service on the railways'.

 During the two week trial, the prosecution said McGee gave the signal to the driver to start the train when Georgia was in contact with the train and was in an 'intoxicated state'.
Giving evidence, McGee had told the jury he thought Georgia was moving away from the train when he gave the signal to depart.

He also said he did not know how drunk she had been.

Georgia’s mother, Paula Redmond, 41, said after the verdict: 'As a parent, Georgia was our only child. In fact, for me, she was my entire family.

'To say she was a wonderful, amazing daughter would be a massive understatement. She was the best.

'Such a lovely, polite, respectful young lady, who was popular and full of fun and laughter.”

Ms Redmond said her daughter was 'an absolute joy to be around'.

She added: 'Everybody who knew Georgia, of which there are many, loved her because of these and so many other qualities.

'We have listened as our daughter was portrayed as being a drunken liability when, in all honesty, she did no more than what many teenagers do of a weekend - she went out to celebrate her friend’s birthday.

'The only liability that night was a train guard whom Georgia had the catastrophic misfortune to encounter.

'For he had very little, if any, regard at all for our daughter and her safety.

'Christopher McGee will complete his sentence and return to his family. Mine is now gone forever.'

Ms Redmond added: 'May our baby girl finally rest in peace.'

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