QLD: Coroner recommends no charges in Goodna rail deaths

AAP General News (Australia)
12-23-2009
QLD: Coroner recommends no charges in Goodna rail deaths

Eds: Attention to language in 15th par; adds union comments



By David Barbeler

BRISBANE, Dec 23 AAP - The Queensland coroner has recommended no criminal charges be
laid over the deaths of three Aboriginal boys killed by a Brisbane-bound train, despite
finding the driver was driving dangerously.

Hayden Duncan, 10, and his brother Glen Duncan, eight, of Mount Gravatt East, and their
nine-year-old cousin Reggie Fisher, of Carole Park, died instantly when they were struck
by a train travelling with its headlights off between Goodna and Redbank stations in Brisbane's
west in March 2006.

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

Mr Barnes last month ruled Mr Smith, who was driving the 10M1 special service train
to a football match, did not have to give evidence due to his suicidal mental state.

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

Mr Smith did not see the boys until they were 20 metres away and was unable to stop
the train until 375 metres after the collision.

Mr Barnes labelled Mr Smith's decisions to drive at 80km/h, turn off his headlights
to avoid becoming a target and pull down his windshield to protect himself as "dangerous".

However, he decided against referring Mr Smith's actions to the Director of Public
Prosecutions, saying defence lawyers would successfully prove Mr Smith believed the boys
were throwing the rocks at a vantage point off the tracks or had fled to avoid apprehension.

Mr Barnes also recommended QR give a standardised meaning to the terms "proceed with
caution" and "proceed with extreme caution" for the benefit of drivers.

The Australian Federated Union of Locomotive Employees state secretary Greg Smith said
he was pleased with the findings.

"(The boys) trespassed onto the corridor and shouldn't have been there," he said.

"I don't think QR will take action against this driver.

"He's in a fragile state of mind... He won't drive again."

The inquest in November also heard that before the collision, the boys were seen dangling
their feet over the platform at Redbank train station and were asked to leave by Senior
Constable Kym Gralton.

However, the boys, one of whom was just one metre tall and weighed 20kg, told Sen Const
Gralton to "f*** off" before leaving and later pelting a train with rocks.

In his findings, Mr Barnes said while the officer could have taken the boys into protective
custody, it was not unreasonable for her to assume they would get 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."

AAP djb/jmm/apm

KEYWORD: DUNCAN 2ND WRAP

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