Page last updated at 13:29 GMT, Tuesday, 3 February 2009

Man not guilty of crossing death

Hythe Station Road level crossing
Kelly Mack was hit by a train on the level crossing at Hythe

A man has been cleared of the manslaughter of his partner who died on a railway crossing in Essex.

Mother-of-two Kelly Mack, from Clacton, died in March 2008 when she was hit by a train at Hythe station in Colchester.

Prosecutors alleged Darren Palmer, 39, also of Clacton, dragged Miss Mack across the line against her will into the path of the oncoming train.

Mr Palmer denied the allegation and a jury at Chelmsford Crown Court returned a majority verdict of not guilty.

During the trial the jury was shown CCTV footage of the couple about half and hour before Miss Mack was hit by the train.

The footage showed the couple having an argument as they walked in Colchester town centre.

The jury heard Miss Mack had been drinking and was refused service at a bar in Colchester shortly before the CCTV footage was recorded.

Kelly Mack was hit by a train at Hythe Station in Colchester

Earlier in the trial the court was told Miss Mack and Mr Palmer had been rushing for a train and that Mr Palmer wanted Miss Mack to join him on the Clacton-bound side of the line.

The trial heard Miss Mack was hit after getting her boot stuck. A witness had tried to pull her to safety but told how she "curled up into a ball" before being hit by the train.

Mr Palmer declined to comment as he left court following the verdict.

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