Network Rail fined £4 million after actress dies at level crossing

Victim's nephew says her death was needless and a 'crime against humanity'

Brenda McFarland was hit and killed at the Gypsy Lane crossing in Suffolk (Google Maps)

Network Rail has received a £4 million fine for breaching safety regulations, after a former actress died when she was hit by a train at a level crossing.

In August 2011, Brenda McFarland, 82, was killed at the Gipsy Lane crossing in Needham Market, Suffolk, while walking to feed her chickens at a nearby farm.

Ipswich Crown Court heard pedestrians had a five-second warning of a train approaching the crossing, but the alerts were insufficient for elderly people and children.

The council had recommended implementing warning sirens at the crossing on two occasions, but no action was taken to improve the safety measures.

Mrs McFarland, who went by the name Olive during her acting days, appeared in various high-profile films and television dramas during the 1960s.

Her death was “a crime against humanity” and could have easily been prevented, her nephew John Black said in a statement read out in court.

Judge Martyn Levett condemned Network Rail for its neglect, in rejecting calls to renovate the “high-risk” crossing and introduce a 55mph speed restriction for passing trains, according to BBC News.

A report by the Rail Accident Investigation Branch (RAIB) in the aftermath of the accident found the rail operator could have done more to prevent Mrs McFarland’s death.

In a statement after the hearing, Richard Schofield, Network Rail's route managing director, said the firm was "truly sorry" and had since improved safety with a speed restriction and by reducing the crossing distance.

Mr Schofield said after her death the executive directors turned down bonuses so the money could be used to fund safety improvements. "Since 2010 we have closed over 1,000 crossings and we are spending £100m across the country improving level crossing safety," he said.

Network Rail admitted to breaches of health and safety regulations and accepted the fine, which could have been as high as £6 million if the case had been contested further.

The rail operator said it was working on plans to replace the crossing with a footbridge.