By Erin Pearson and Tara Cosoleto
In train driver John Kennedy’s final moments, as his passenger locomotive careered through a turnout at speed, he rushed to apply the emergency brakes.
This, magistrate Brett Sonnet said, prevented an even greater tragedy than the one that unfolded when the train ultimately derailed at Wallan, 45 kilometres north of Melbourne, in February 2020.
The scene of the crash at Wallan.Credit: Paul Jeffers
For that lifesaving action, Sonnet said, Kennedy should be forever remembered.
“There is no doubt John’s actions … diverted an even greater tragedy that day,” Sonnet said.
The 54-year-old experienced driver and his pilot, Sam Meintanis, 49, both died when they suffocated under dirt and rocks in the front cabin of the Sydney-to-Melbourne XPT train when all five carriages derailed just before 8pm.
On Wednesday, the rail companies responsible were fined a total of $525,000, an amount decried as “woefully inadequate” by the rail workers’ union.
Train driver John Kennedy was killed when his train derailed near Melbourne in 2020.
Of the 153 passengers and crew onboard, 61 were injured. Eight suffered serious injuries.
The train had been diverted through the Wallan loop track at the time because the signalling system was down on the straight section of the usual route that day.
But those on board, including Kennedy, had not been made aware.
The train then entered the area at more than 100km/h instead of the recommended speed of about 15km/h.
Cranes lift part of the derailed train days after it came off the tracks.
The Office of the National Rail Safety Regulator charged Australian Rail Track Corporation and NSW Trains with breaching Victoria’s rail safety laws. Both pleaded guilty.
On Wednesday, representatives of the two companies faced Melbourne Magistrates’ Court, where Sonnet convicted and fined ARTC $375,000 and NSW Trains $150,000.
The charges carry a maximum fine of $1.5 million, but the highest penalty available in the Magistrates’ Court is a $413,000 fine.
“There is no penalty a court can impose that can truly reflect what happened that day,” Sonnet said. “On behalf of this court, I extend my deepest sympathies to all persons affected.
“It’s been the most difficult case I’ve had to deal with in two years.”
Families of the two men sobbed and hugged in court as the penalties were handed down.
Rail, Tram and Bus Union assistant national secretary Shayne Kummerfeld said the fines issued were “woefully inadequate”.
“Australia’s rail safety regime is no longer fit for purpose. Fines like this will not force rail operators or rail infrastructure managers to change their practices,” he said.
Kummerfeld said a review of the national rail safety laws had begun and he hoped it would prevent tragedies like the Wallan derailment from ever happening again.
An earlier court hearing was told the rail transport operators responsible for the safe running of the XPT Sydney-to-Melbourne service failed to ensure train drivers were aware of a temporary track change before the derailment.
The National Rail Safety Regulator said extra safety measures used on tracks when normal signals are down were not in place, and the driver and other employees were not made aware the line would diverge at Wallan.
Firefighters scour the scene of the train derailment at Wallan.Credit: Paul Jeffers
The regulator said ARTC, which is responsible for the route from Somerton in Victoria to Macarthur in NSW via Albury, failed to implement key safety measures before the fatal derailment.
NSW Trains is responsible for the management of the XPT train, while the corporation manages the rail line.
The Australian Transport Safety Bureau’s final report on the crash, released in August 2023, found that a fire in a signalling hut in the months prior meant paper documents had to be given to train drivers instead of the regular system.
They said this “breakdown” in risk management contributed to the fatal derailment.
The investigation also found the XPT driver’s cab design contributed to the deaths of the driver and co-driver. Passenger briefings, onboard guides and signage also did not properly inform travellers about what to do in an emergency.
Outside court, Kennedy’s wife, Jenny, said the past four years had been emotionally exhausting for her family.
She said that while the sentences handed down to NSW Trains and the ARTC did not reflect the loss of her husband, she hoped measures to address underlying industry problems would be put in place.
She hoped people remember her husband as an experienced, loyal and well-loved train driver who was close to his children and grandchildren.
“He loved the family stuff – Christmas Day, cricket in the backyard, fishing, caravan trips, barbies with friends and too many beers. He was the joker. He loved people, he loved to help people,” she said.
“Nothing can bring my husband back, but no other family should have to go through what our family has due to the poor safety standards of two government bodies.
“John and Sam went to work and didn’t come home.”
With AAP
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2024-04-03 00:46:04Z
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