Metro escapes fine threat over death of teenager Mitchell Callaghan at Heyington station

METRO Trains has escaped fines of up to $2.8 million after charges over the death of an 18-year-old who fell between a moving train and a platform were dumped on a legal technicality.

Teenager Mitchell Callaghan died after he fell from a platform at Heyington Railway Station.

METRO Trains has escaped fines of up to $2.8 million after charges over the death of an 18-year-old who fell between a moving train and a platform were dropped on a legal technicality.

The parents of Mitchell Callaghan told the herald sun they were disappointed by the decision and hoped it would be appealed by the state’s rail safety watchdog.

“We’re devastated and disappointed at the outcome of today,” Ms Belinda Callaghan said.

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“At this point of time there is still no accountability for the death of Mitchell.”

It is the second time authorities have failed to successfully prosecute a case over the death, with earlier criminal charges against a Metro train driver dropped by a magistrate.

Mitchell Callaghan was attempting to board a moving train at Heyington Station, in Toorak, as friends held the doors open, when he fell on February 22, 2014.

The gap at Heyington Station, where the teenager was killed.

In 2015, Melbourne Magistrates’ Court heard Mr Callaghan was the last of his friends who rushed to board the train to head to the city for the White Night festival.

When Mr Callaghan attempted to jump aboard the moving train the teen fell through the gap between the platform and train and later died from his injuries.

TSV laid two criminal charges against Metro in January last year after the driver was found to have no case to answer.

The operator was charged with failing to ensure the safety of its rail infrastructure operations, in relation to the gap between platform and train; and failing to ensure the safety of its rolling stock operations, in relation to installing indefinite interlocking traction delay to prevent trains from moving with open doors.

Metro this week challenged those charges in the Melbourne Magistrates’ Court, claiming the rail safety officer who laid them was not authorised to do so at the time due to a change in legislation.

Metro was charged with failing to ensure the safety of its rail infrastructure operations, in relation to the gap between platform and train.

The decision centred on amendments to Victoria’s Rail Safety Act, which was renamed the Rail Safety Local Operations Act, in May 2014, three months after the death.

The changes axed the provisions under which Metro was charged and excluded Metro’s operations from the scope of the amended Act as the operator became covered by federal rail safety laws.

Magistrate Phillip Goldberg found charges could still be brought under the old laws for the period in which they operated.

However, his honour found the safety officer did not have the power to lay the charges against Metro under the old laws as his authority was revoked at the time of the amendments and his replacement powers did not apply to Metro.

“At the time of issuing proceedings the informant did not hold the appropriate authority, power or delegation,” he found.

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“It follows from that that the proceedings effectively are nullity that hasn’t been issued or initiated by a properly authorised person.”

Earlier, the court heard that had the charges been brought by the director of rail safety, whose powers flow from different legislation, they would have been valid.

At Metro’s request the charges were struck out and TSV ordered to pay the operator’s legal costs. It is unclear if TSV will appeal.

“TSV is disappointed by today’s outcome,” Transport Safety Director David Hourigan said. “We are reviewing the decision and considering our options. The safety of the Victorian travelling public remains our highest priority.”