Posted By Mike Craven
Jarvis fined after girl's death
Rail maintenance firm Jarvis has been fined £200,000 after an eight-year-old girl was electrocuted on a railway line while retrieving a football.
Heather Foster died in August 2000 after she fell on to the high voltage track in Aigburth, Liverpool.
Jarvis admitted breaching health and safety laws by failing to maintain secure fencing around the line for seven months before the incident.
Jarvis's employers, Network Rail, also pleaded guilty and was fined £85,000.
Heather was trying to retrieve a football when she fell down a 20ft embankment on to the track near St Michael's station and was electrocuted by the "live" third rail.
We're just about coping with it, we've only just got to the point where we have accepted she has gone
Diane Foster, Heather's mother
The track was near a children's den which was popular with youngsters living nearby but, the court heard, Jarvis only carried out inspections at night. Three inspections had been carried out in the month before Heather's death.
Stephen Turner, the Health and Safety Executive's railway inspector, said his investigation revealed "shortcomings" in both companies' efforts to ensure line-side fencing was properly inspected and maintained.
He said: "Such was the location around the railway in this area - dense, scrubby woodland - that visibility of the track and its protective fencing was limited.
"This meant that the usual site inspections, such as a track walk, would not readily reveal whether fencing was missing or damaged in such a way as to allow access to the electrified track."
Every community owes a duty to be vigilant, to stop the vandalism of fences and to report suspected trespassing to the appropriate authorities
Judge Nigel Gilmour QC
He added that, following the tragedy, repairs were carried out and line-side fencing across the UK had improved since.
Heather's mother, Diane, 42, said: "The fine doesn't matter, it is the fact that they have admitted to it.
"It helps a great deal to know more could have been done, especially with the fence they had up that night.
"We're just about coping with it, we've only just got to the point where we have accepted she has gone."
She said she remembered finding her daughter's body lying on the rail track, adding: "My son ran into the house and said she was on the railway line.
'Fear of railways'
"I scrambled over the rough grass and slid down the embankment to her but I did not realise she was dead.
"I thought she had just slipped over and banged her face."
Judge Nigel Gilmour QC told Liverpool Crown Court he hoped the case would be a warning to all parents who lived near railway lines to be careful.
He said: "Parents living near to railway land must be vigilant and seek to install in children a fear of railways, lines and property.
"The railway authorities cannot be expected to police all their fences.
'Gravely inadequate'
"Every community owes a duty to be vigilant, to stop the vandalism of fences and to report suspected trespassing to the appropriate authorities."
He added: "Jarvis had no system for inspecting, that is regular and periodic inspections, other than a gravely inadequate system which took place at night-time with men armed with torches at track level."
He said he accepted Jarvis's breaches of health and safety regulations had led to Heather's death but stressed that Railtrack's breaches were "not as great".
Jarvis was ordered to pay £40,000 costs while Network Rail was ordered to pay costs of £20,000.
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