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- 29 Aug 2010
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This was raised today in our work, over a platform edge vs person fatality three months ago, in that case it was a service arriving into a station... concerns were raised about 'what next.... could a driver be prosecuted for not anticipating a passenger falling off the edge as you approach?'
Much in our dumb legal system nowadays is not about common sense but 'legal precedents' and case law citings of irrelevent junk like 'Potato Factory v Smith, 1881'.
...and crucially, this sets a precedent.
As I mentioned earlier, the RAIB report has legal standing and much off it could be used against the CPS's arguments which I feel were quite ill-informed and unfair. The CPS's desperation to secure a conviction does seem to have gone too far here.
The RAIB have a requirement to objective and fair, and I wonder if their report makes recommendations about the company's own current station procedure rules.
Much in our dumb legal system nowadays is not about common sense but 'legal precedents' and case law citings of irrelevent junk like 'Potato Factory v Smith, 1881'.
...and crucially, this sets a precedent.
As I mentioned earlier, the RAIB report has legal standing and much off it could be used against the CPS's arguments which I feel were quite ill-informed and unfair. The CPS's desperation to secure a conviction does seem to have gone too far here.
The RAIB have a requirement to objective and fair, and I wonder if their report makes recommendations about the company's own current station procedure rules.
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