Former metro train driver Russell Dickson objects to giving evidence in Mitchell Callaghan inquest
The ex-Metro driver operating the train during the death of a teen attempting to board has objected to providing evidence at an inquest — more than a decade after the tragic incident.
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A former metro trains driver has objected to giving evidence at an inquest into the death of a passenger who died while attempting to board a moving train with its doors open.
Ex-train driver Russell Dickson objected to providing evidence at the coronial inquest into the February 2014 death of Mitchell Callaghan, 18, at Heyington railway station in Toorak.
Coroner Catherine Fitzgerald reserved her decision to exempt Mr Dickson.
Mr Callaghan attempted to jump aboard a moving train while his friends held the doors open but fell through the gap between the platform and the train.
Mr Dickson appeared via video link at the inquest on Thursday — more than a decade on from the tragic incident — where he objected to giving evidence on the grounds of potential incrimination.
Mr Dickson’s counsel Matthew Hooper said there was no “utility” in the driver answering questions given changes had been implemented by Metro.
“The submission we’ve made is when we look at systemic issues rather that the particular driving of the train, the systemic issues have been overtaken by events and subsequent changes to Metro’s systems,” he said.
The Callaghan family’s counsel, Damian Sheales, accepted that while the Metro system a decade on was “very different” he submitted that Mr Dickson could give insight into the “training ... and what procedures are in place” for drivers.
Mr Callaghan’s parents Belinda and Mark were also in attendance at the inquest.
In 2016 a magistrate found Mr Dickson had no case to answer for after he was accused of taking off despite knowing the doors were open.
Metro was initially charged by Transport Safety Victoria for allowing trains to move with their doors open and faced nearly $3m in fines but these were dismissed by the Supreme Court in April 2019.
Her Honour Fitzgerald told the inquest her findings would be released next week.