ARTC and NSW Train fined and convicted for XPT train derailment in 2020

The actions of the driver of a Sydney-to-Melbourne train that crashed, killing him, his co-pilot and injuring dozens of passengers averted an even greater disaster.

The actions of the driver of a Sydney-to-Melbourne train that crashed, killing him, his co-driver and injuring dozens of passengers on the outskirts of Melbourne averted an even greater disaster, a court has heard.

John Kennedy, who had driven trains for decades, and his co-driver Sam Meintanis were killed on February 20, 2020, when their train derailed at Wallan, 45km north of Melbourne.

In the Melbourne Magistrates’ Court on Wednesday, the Australian Rail Track Corporation and NSW Trains both accepted responsibility for the deadly disaster.

Magistrate Brett Sonnet convicted and fined Australian Rail Track Corporation $375,000 and convicted and fined NSW Trains $150,000.

The court heard ARTC acknowledged and deeply regretted the trauma and grief suffered by Mr Kennedy’s family and NSW Train acknowledged the remorseful incident had tragic consequences.

“The accused are responsible for the work safety breaches that occurred on that day which led to these tragic outcomes,” Mr Sonnet said.

Mr Sonnet told the court this was the “most difficult case” he had to deal with in two years.

“I say this to all the persons who have suffered due to the train derailing in 2020. There is no penalty the court can impose which can truly reflect what happened on that day and the loss suffered,” he said.

“On behalf of this court, I extend my deepest sympathies to all persons who have been affected as a result of this incident.”

Mr Sonnet said the heroic actions of Mr Kennedy on the day of the incident where he applied the emergency brakes prevented a greater “catastrophe”.

“He should forever be remembered for that.”

Two crains had to be used to remove the damage train and carriages.

Mr Kennedy was only given a piece of paper to warn him of a major route change and he was not required to confirm he understood it.

Due to signalling issues on the usual route’s straight section of track, the train was diverted through the Wallan loop track, which has a maximum speed of just 15km/h.

But the train, which toppled over as it entered this section, was travelling at speeds of between 114km/h and 127km/h.

Mr Kennedy hit the emergency brakes about 150m before the turn, but it wasn’t enough time to wipe off the speed required to navigate the turn.

Evidence suggested that both Mr Kennedy and Mr Meintanis were fit for normal functioning and were not incapacitated at the time of the derailment, and it was instead likely Mr Kennedy was unaware of a route change.