Man was killed when he was struck by an oncoming train after pulling his pal off the tracks to safety, court hears
A man was tragically killed after he was struck by an oncoming train while rescuing his friend from a rail track, a court heard.
A man was tragically killed after he was struck by an oncoming train while rescuing his friend from a rail track, a court heard.
Patrick Kennedy, 49, of Cheetham, Manchester, was shirtless and drunk as he sat between the rails near Prestatyn Station.
His friend Keith Ford had also been drinking and tried to drag him clear of the rails as a train approached.
But he was struck by a severe, glancing blow from the Holyhead to Birmingham International train near Prestatyn Station and he sadly died at the scene on July 13, 2022 , Mold Crown Court heard
Kennedy denies the manslaughter of his friend Mr Ford. While he accepts he trespassed on the railway, he denies he endangered the safety of anyone on it.
Patrick Kennedy pictured outside Mold Crown Court. He denies manslaughter of his friend Keith Ford
The emergency services in Prestatyn after Keith Ford caught a glancing blow from a train
Mr Ford was a friend of Kennedys younger brother.
Prosecutor William Hughes KC described Mr Ford and Kennedy as acquaintances.
Mr Hughes said: It is the Crowns case that Keith Ford and the defendant had seen and were aware of trains passing them as they walked alongside the railway track and were in full knowledge that they were on a functioning, dangerous railway.
In order to get to the trackside, they had to pass a sign which makes it clear they were forbidden from going to that location.
It is accepted by the defendant that he was trespassing on the railway once this sign was passed.
It also follows that the deceased was also trespassing.
Mr Fords partner Vicki Rice had been renting a semi-permanent caravan at Greenacres and Sunny Sands Caravan Park in Shore Road, Prestatyn, North Wales.
On July 13, 2022, Mr Ford and Kennedy travelled in a white transit van from Urmston, Greater Manchester to the caravan park, arriving at 2.57pm.
The pair spent several hours drinking and talking to other caravanners.
Afterwards, they walked towards a childrens play area and arcade, it was said.
They walked past the play area towards the back of the caravan site and a shirtless Kennedy climbed through a locked gate to get alongside the railway and Mr Ford followed, the prosecutor said.
As both men sat on the grassy area, a Maesteg to Holyhead train passed them.
Then the Holyhead to Birmingham International service arrived at 5.05pm, travelling at 62mph.
Mr Hughes said Kennedy heard and saw it and decided to sit in the four feet gap between each rail for a giggle, joking to Mr Ford he would catch the train to the beach.
The train driver, Timothy Maloney, applied the emergency brakes as the train came around the bend.
Mr Hughes added: It is the prosecution case that the defendant saw an oncoming train and deliberately sat down between the railway tracks as the train approached.
Keith Ford then attempted to drag or pull the defendant off the tracks and to safety, and out of the path of the oncoming Holyhead to Birmingham International train.
Whilst moving the defendant out of the path of the oncoming train, Keith Ford was fatally struck by the locomotive.
Mr Maloney heard an impact and police and ambulance crews were called to a bloodied Mr Ford who was found on his back on the verge.
When the train came to a halt, a guard saw the defendant, who appeared to be injured, standing very close to Keith Ford.
He was crouched over, holding his head in his hands and stumbling around before sitting on the side of the track to smoke a cigarette.
Despite the best efforts of paramedics, Mr Ford was declared dead at 5.49pm.
He had a significant chest injury with more injuries to a shoulder blade and right arm.
Mr Hughes said onboard CCTV footage shows Ford pulling the defendant out of the way, but the footage cuts out two seconds before impact.
Mr Hughes said there have been extensive attempts to retrieve footage of the impact without success.
In a post-mortem examination, Home Office pathologist Dr Brian Rodgers found Mr Ford had serious crush injuries and acute alcohol intoxication.
He died from severe chest trauma caused by being struck by a train, the court heard.
It would have been a severe, glancing blow consistent with Mr Ford being crouched down at the time of impact, due to his attempt to drag the defendant from the tracks, claim the Crown.
Mr Fords alcohol reading was three and a half times the legal driving limit.
After the incident, Kennedy returned to his caravan and a witness told the court he had a large gash on his finger and his hand as well as his upper arm were covered in blood.
Police arrested him at 8.25pm that evening and he said, I dont believe this.
At 11.20pm police took the suspect to Ysbyty Glan Clwyd and Whiston Hospital for hand surgery.
Mr Fords then-partner Vicki Rice told how she had been on her way to Canada when the incident happened.
Kennedy, 49, of Cheetham, Manchester, denies unlawfully killing Keith Wadsworth Ford, 40, of Valley Road, Urmston.
The judge said Kennedy accepts he trespassed on the railway but denies thereby endangering persons being conveyed or being in or upon the railway.
Simon Killeen, defending, said two friends adventure on a beautiful summers day after having drinks turned into misadventure, a tragedy and death.
Because Mr Ford had been drinking earlier, he had drunk less and was perhaps more astutely aware of the danger of the approaching train.
Mr Killeen said the pair jointly decided to trespass on the railway.
He argued: How does the act of sitting down cause Mr Fords death? It doesnt.
He did not unlawfully kill his friend. He is not guilty of anything other than trespass.
One man sadly has lost his life, the other is permanently disfigured forever but hes alive. But that should not be an excuse for saying someone has got to pay.
The trial, which is expected to last about a week, continues.
