Two train drivers charged in a criminal test case made their first appearance in court yesterday.
In Masterton District Court on what their counsel said were "defective and duplicitous" charges, were Daniel Alois Greene, 50, of Porirua, and Steven Clay McIver, 41, of Upper Hutt. They are jointly charged with
doing, or omitting to do, an act in respect of a rail vehicle when they knew, or ought to have reasonably known, that their action was likely to cause death or serious injury.
They were charged as employees of Toll New Zealand Consolidated. Neither man entered a plea.
Masterton police laid the charges - the first prosecution under the Railways Act 2005 - after a crash that seriously injured Dominion-Post delivery driver Steven Geange last July 28.
Nine empty freight wagons came loose from a locomotive at Waingawa and rolled 9km towards Carterton, before crashing into Mr Geange's ute as he crossed the railway line at Hodders Crossing about 5am.
The wagons finally came to rest 6km further down the track between Dalefield and Matarawa.
Defence lawyer Bruce Squire said the charges were unclear. Precise particulars - were they doing an act or omitting to do an act - were needed. As the charges carry a maximum penalty of six months' jail or $50,000 fine, they also had the right to a jury trial.
Toll New Zealand is facing two separate charges as the men's employer, and for allegedly not providing adequate training for, and supervision of, the pair.
Green and McIver have been remanded at large to reappear on March 27.
- NZPA
