HSE still deciding on prosecution after lift engineer David Smith died at Babbacombe Railway in 2022. Inquest delayed.
David Smith, a lift engineer, died in September 2022. A railway carriage struck him while he worked. The 79-year-old became trapped and died at the site while working on the tracks.
After his death, the HSE issued a notice, citing serious safety and maintenance issues that risked staff and passengers. The railway dates back to 1926.
A pre-inquest review happened on February 25. Smith’s family, railway owners, and HSE representatives joined remotely.
Nathan Cook, from the HSE, spoke at the hearing. He said a prosecution decision remains pending, and the timeline for a decision is unknown.
Cook stated the HSE is deciding internally. He said the inquest could still take place, but their decision may come first. He could not provide a specific timeframe but hoped it would be weeks or months, as others are making the decision.
Cook said a prosecution decision affects the inquest. Prosecuting would change things, and they would not ask for the inquest to proceed then. The coroner asked who decides about prosecution.
Cook said it is currently an operations matter. Inspectorate teams can recommend prosecution, and a lawyer reviews their recommendation. Cook expects a decision soon that will be shared with the railway and the family.
He will request a decision and report back in eight weeks. The coroner wants an update from HSE by April 22. They will decide on a full inquest then.
The jury will hear background from Smith’s family. Additionally, four witnesses from the railway will give evidence, and CCTV footage will be shown.
The HSE will detail its investigation. The chairman will overview the railway. He will explain operations in 2022 and outline the organization and changes since.
The coroner, Nicholas Lane, spoke about the inquest’s scope. It will cover Smith’s work, how he suffered his fatal injuries, and his medical cause of death.
An inquest into Smith’s death opened in September 2022. It was confirmed at the hearing that he died at the station near the beach. Ian Arrow, a coroner then retired, explained the circumstances: Smith worked on the railway tracks, and the carriage received the signal to go.
Colleagues told Smith to move, but he moved the wrong way, and the carriage hit him. They activated the emergency stop, but Smith became trapped. Paramedics arrived and confirmed his death, assessing his position and condition, and he was pronounced dead at 10:07 am.
The railway reopened a year after Smith’s death after a £250,000 refurbishment. They updated tracks and parts.
Last year, Smith’s children spoke to DevonLive. They wanted answers about his death and called him a unique and kind man. He contributed significantly to lift engineering, installing and repairing lifts in the southwest, and he volunteered at the cliff railway.
His children believe his death needs a full explanation. They felt it was an unjust loss and that he could have lived many more years.