Rail deaths evidence thrown out

Both men are challenging the safety of their manslaughter convictions

Two men jailed for manslaughter over the deaths of four rail workers at Tebay in Cumbria have been told their appeal evidence is not valid by judges.

The workers, from Cumbria and Lancashire, died when they were hit by a runaway trailer in February 2004.

Mark Connolly, 44, of north Wales, and Roy Kennett, 29, of Maidstone, Kent, were told by London's Appeal Court that their new evidence was not applicable.

But Lord Justice Pill said they could begin an appeal on other grounds.

The men, both found guilty of four counts of manslaughter, are attempting to challenge the safety of their convictions.

Future date

In addition Connolly is challenging the length of his sentence. He was jailed for nine years, and Kennet for two, following a trial at Newcastle Crown Court in March 2006.

On Tuesday, Connolly's QC, Richard Lissack, said his client was entitled to expect the workers in the gorge were protected by wooden sleepers on the track to stop runaway wagons.

The runaway trailer rolled down the track before hitting the workers

This defence was rejected at the original trial, but Mr Lissack said new safety guidance showed it had been accepted practice.

Lord Justice Pill refused the application to adduce fresh evidence, saying the new guidance did not apply to the circumstances in which the Tebay tragedy occurred.

He adjourned the appeal, which will now be re-listed at a future date, to allow the men to present other grounds why their convictions should be overturned as "unsafe".

The four who died at Tebay were Colin Buckley, 49, of Carnforth, Lancashire, Darren Burgess, 30, also of Carnforth, Chris Waters, 53, of Morecambe, Lancashire, and Gary Tindall, 46, of Tebay.

They were killed when a wagon carrying 16 tonnes of steel rail tracks came out of the darkness and hit them as they worked on the West Coast Main Line.