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Dublin: 11 °C Sunday 19 May, 2013

Railway guard jailed over death of teenager who fell under train

Georgia Varley, 16, died when she fell between the train carriage and platform in Liverpool last year.

Railway guard Christopher McGee was found to be 'criminally negligent'
Railway guard Christopher McGee was found to be 'criminally negligent'
Image: Peter Byrne/PA Wire/Press Association Images

A RAILWAY GUARD has been handed down a five-year jail sentence over the death of a teenager who fell under a train in Liverpool last year.

Georgia Varley, 16, died after she slipped between the platform and carriage of a train at James Street station in Liverpool last October.

Liverpool Crown Court found railway guard Christopher McGee, 45, guilty of manslaughter by gross negligence today, the BBC reports.

Sentencing McGee, Justice Holroyde said the guard has taken a “terrible risk” with Georgia’s safety when he signalled the train to depart despite the fact that the teenager was still leaning against the carriage.

Georgia, from Moreton, Wirral, had been out with friends on the night she died. A blood analysis following her death displayed high levels of alcohol in her system.

McGee had denied the charge of manslaughter, saying that he was not aware of how intoxicated the 16-year-old had been, and that he thought she was moving away from the carriage as he gave the signal to depart, the Guardian reports.

However, Justice Holroyde dismissed this – saying that he was satisfied that McGee “merely hoped and assumed” she would get out of the way when the train began to move.

In my judgement, the CCTV footage is unequivocal, Georgia Varley was not moving away and she was not showing any sign of moving away.

She only moved when the movement of the train deprived her of support and caused her to lose balance and fall to her death.

“Georgia’s life was ended in a dreadful way at the age of just 16 by your gross negligence,” he said. “You did not intend to kill or even injure her, but you displayed an appalling disregard for her safety, and she paid for your criminal negligence with her life.”

Holroyde said “a lot had been made” of the fact that the teenager was intoxicated at the time of the incident, but said that this did not negate McGee’s duty of care.

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Comments (76 Comments)

  • Surely this was a tragic accident. Very harsh sentence. It was a terrible loss of life but people should be accountable for their actions when drunk.

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    • The lazy sod couldn’t be arsed going over to pull her away from the train come in harsh sentence me …..

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    • She was 16 years old, was drunk out of her mind and was also found to be on drugs.

      Why didn’t some of her so called friends make sure she got home safe?

      Why didn’t she call her parents and have them bring her home?

      Why was she allowed to make her own way home while so damn drunk and on drugs?

      If her so called friends actually cared about her they would have made sure she left with someone and not by herself.

      So please tell me how the guards job is too pull her off the train while it is idle.

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    • it’s his job because that is his job – to ensure safety.

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    • Roz 16/11/12 #

      Is it your responsibility to look after every drunk person you see?? No. The person who had chosen to get drunk holds the responsibility to look after themselves, if they can’t, then don’t drink. Her parents my mot have known, she may have been afraid to call them and her friends may have been as drunk as her anyway. It’s terrible and this man should have known she wasn’t able to stand let alone pull her self away from a moving train. It’s his job to ensure a safe departure. He didn’t.

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  • Very sad case but on the other hand Very harsh outcome! If he carried out a tiger kidnapping here he would have got less!!Judgement seems to indicate that Public transport operators should have a duty of care for drunken minors!??-the judge shouldn’t set this precedent.

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  • Dont think is fair the man spend 5 years on jail for it. Wasn’t complete his fault . Also what a 16 years old was doing fully drunk. Charge her friends as well that were there with her. #justsaying

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    • She was only a child, such a waste of a life, I assume the guard was angry and feeling self righteous signalled the train to move. Now he has to live with the consequences of his actions.

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    • And if her so-called friends had the sense to make sure she went home safely with someone and not go while that drunk and on drugs this wouldnt have happened either.

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    • What if she was very ill and not intoxicated? Would her death be more justified then?

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    • If she had been ill, then she would have been ill.

      But she wasn’t.

      She was drunk and on drugs.

      And i wonder when they are going to start looking for the people who gave her the drink and drugs in the first place, because both led to her being in that situation in the first place.

      Don’t forget, we’re not talking about an adult here, we’re talking about a kid. If i was her parents i’d be more worried about where she managed to get into such a state where this happened.

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  • The sad fact is that a child is dead . And someone has to be blamed for it. If it wasn’t the signal guard , it would have been the barman who served the alcohol , or the supplier of the drug in her system .. Either way a man went to jail today , he never went to work that night thinking it would end like this.. It’s not going to bring the child back.

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  • Poor kid. That’s gruesome and sad.

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  • @ Kevin Higgins. It wasn’t the train driver. He acts on the guard’s signal. But it’s an awful thing for him to live with.

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  • But she drunkenly fell under it?

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    • That’s why the law should be harsher for juveniles that drink under age. This kind of thing happens more times than you know. When a 16 year old is caught drinking they are told to go home and the drink taken, that approach does not work. Walk through any innercity park after 8pm and its full of kids drinking, every night. They have no fear of the law or there parents.

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    • it’s the guards fault. he should have approached the girl and asked her to stand back. it’s very unusual for someone to be leaning back on a train. I have never seen anyone do it so that guard should have spotted here when he glanced up and down checking the doors.

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  • what about her parents surely they have a responabitly . that poor man locked up because people cant rare their kids right.

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    • For a man sharing a great mans name that’s a dumb comment.

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    • John in five years time he will be out and her family will still be visiting a grave.

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    • John i suggest then maybe you share your parenting wisdom with the family of the deceased child.Sure they would be grateful.Since you know the full facts of how she was brought up. Here’s a news flash though,children get up to stuff without their parents knowledge.

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    • John you’re a disgrace!!!!

      I was sneaking out and drinking at that age and getting into all sorts of mischief (as I’m sure YOU where too). I can assure you that it had nothing to do with “bad” parenting!

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    • Regardless of parenting skills 5 years in prison for an accident like this is harsh to say the least. Child abusers and rapists get less and there can be no denying their intent or likelihood of repeat offending.

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    • too right tony but i bet noone got 5 years for what u got up too.

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    • And how is this girl falling under a train her parents fault?????

      Do you not think her parents suffered enough? Their daughter is dead and now you in your infinite (and rather disgusting/immoral/inhuman) wisdom is blaming her parents for a man in a position of responsibility going to jail for manslaughter!

      Sorry but IMHO you’re comments are idiotic!

      Reply
    • Fair comment. U completely agree. What about the 16 y old boys and girls that get pissed drunk on luas? Smoking inside the train , drinking and fooling around with other passengers looking for a fight . What happens to them if the get hurt or die ?????? Drivers fault????

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    • If her friends cared for her that much they wouldn’t have let her try and go home by herself while that drunk and on drugs.

      Especially seeing as how she was a kid.

      Why couldn’t she have rang her parents and get them give her a lift home? Did they know she was out drinking?

      Yeah the whole thing is tragic, but to pin the death on the guard isn’t right. He didn’t give her all those drugs and all that alcohol. The people who supplied her with those should be jailed.

      If she hadn’t have been so drunk and on drugs she wouldnt have been so stupid.

      Reply
  • 5 years??
    That footballer Luke Mccormick only got 4 when he killed those 2 boys while he was drunk at the wheel!

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  • The guard signalled for the train to move off while someone was leaning against a carriage. She may have been drunk but he wasn’t. He had a duty of care to the public which he didn’t fulfill. If it was a son or daughter of anyone of us we might not be so forgiving.

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    • If that was a child of mine they wouldn’t have been she wouldn’t have had the chance to get so drunk in the first place, never mind take drugs.

      My first priority would be to find out where the alcohol and drugs came from and have whoever supplied them taken to court and put in prison in the first place.

      While i would be pissed at the railway guard, he’s not the one who gave her drink and drugs.

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    • You seem to be making it out that she fell under the train because she was drunk. She fell under the train because the train started moving when it wasn’t safe to do so. The girl could have fallen under the train if she was sober, so whose fault would it have been then?

      I don’t know whether you have children or not, but if you do you either don’t let your children out of your sight or are fairly oblivious to what your children could be doing.

      Reply
  • It’s tragic for all concerned but people who are negligent in their duty at work have to be held accountable. 5 years is too much and I know a life is worth more but I doubt it will act as a deterrent any more than a lower sentence

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  • If people took the time to look at the footage on Sky news,you might want to reconsider your comments.
    The girl was 16 a child i agree she should have been drinking.But she was leaning again the carriage for support when the guard signalled for the driver to pull away.He saw her leaning again the carraige.When the train moved she lost her support and fell between the platform and train.

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  • zebedee 15/11/12 #

    Harsh sentence…ya think so?
    A guy got 6 years over here for dodging tax on garlic imports!

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  • the drunk girl was leaning on the train, I can only assume that as a drunk 16yr old she had a bit of a mouth on her… if the guard had said anything to her he probably would have been accused of trying to chat her up ext… if he had physically pulled her back it may have been assault! from what I saw the girl had no concern for her own safety while leaning against the train… why is a man who was only doing his job getting 5 years in a cell for this silly girl not being concerned for her safety?? where were her parents?? where did she get the money and source booze and drugs?? bigger picture to be looked at here!!!

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  • Everybody’s talking about Georgia like she’s an object. It wasn’t her parents fault nor hers. Georgia was lovely and warm and always happy. I don’t even have to state she was beautiful too. Georgia was a little bit wild. So is everybody when they’re sixteen. Her friends weren’t bad friends. They ran ahead to stop the train, she tried to catch up but she couldn’t. Her boyfriend was on the train as well. It wasn’t their fault she fell behind, and even if they did run off.. I doubt they wanted to look back and see her dead. Georgia wasn’t just from Liverpool. She lived over in Ireland too, that’s where I live and that’s how I know her. Georgia wasn’t ON drugs. She tried them sometimes while out. Who doesn’t when your young? And drinking too much alcohol doesn’t jusitify a horrible death. Georgia was beautiful and just because she was drunk, trying drugs or wild… Doesnt mean she deserved to die. This man was in the wrong to an extent but I don’t understand what the big deal is-he will probably be let off early for good behaviour. It doesn’t matter who her parents were, what she was doing, or even what the man was thinking signalling the train… Georgia was amazing, she didnt deserve to die. She had such a bright future ahead of her. All of you commenting never met her and have no right to make personal judgement based on what the news said. I’m telling you based on my own experiences that Georgia was simply beautiful inside and out and everybody I know misses and loved her so much. Everybody I know that met her loved her. Stop speaking about her like she was wrong. She just wanted a good night out. Rest in peace girlo, we know your looking down on us x

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  • FFS, he is a SIGNALman, he signals when its safe for the train to pull out. It wasn’t safe on this occasion and a child died. It was his fault, NOT an accident.

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  • Hahahaahah great joke-NOT! Keep the mundane run of the mill financial crisis humor to your FB please.

    Reply
  • Mjhint 15/11/12 #

    Jailed for doing his job. I dont know the case but maybe I would have a different view if I saw the cctv. The problem with these type,of cases is theres always a fine line & sometimes a high risk of a miscarriage of justice. While I totally sympothise with this girls family I carry a heavy heart for this man that went to work that morning. This is becoming a big

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  • i think its sad that people are getting carried away with the condition this girl was in , how many children are killed every day and nothing is said .i think its a terrible thing to loose a child ,my heart goes out to her parents and to the family of the gaurd

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  • While I feel very sorry for this man who I’m sure never set out for work that day with the intention of harming anyone, I think the judge is right to come down hard on this type of negligence.

    We all go about our daily lives reliant on people performing their job with the correct levels of care and attention, from bus drivers to guards to doctors and nurses, the road sweepers, and countless others who we most of the time don’t even see to recognise. This man was part of that mechanism. His job was to ensure people were safe on the platform before the train set off. The people on the platform are entitled to expect that he perform that duty to the best of his ability.

    I don’t think it was anything more than a moment of poor judgement by him, but still, a person has died as a result of it. Its about responsibility and accountability, two qualities we tend to lack in this country. If we expected the same high standards from our elected representatives as the British courts expect of their railway guards we might get somewhere.

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    • Mjhint 15/11/12 #

      Has this man been trained using a drunk person or trained in relation to drunk people?

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    • Mjhint 15/11/12 #

      Also have you dealth Uk hse or police or vosa? Look on youtube at their high standards. Corrupt powerful organisations with no accountability. They cannot be challenged or questioned. A real sign of insecurity.

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    • I don’t know if he was trained to deal with drunk people or not, but ultimately its irrelevant. He wasn’t jailed for not dealing with a drunk person, he was jailed because he saw that the platform wasn’t safe and yet he still gave the signal for the train to go.

      It doesn’t matter if there was one drunk person there or a hundred.

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  • This seems very harsh. Should railway staff he held responsible for the actions of people who are off their heads on drink and drugs? I hope it is successfully appealed.

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  • It was completely his fault. He was intentionally negligent and he caused her death. He should NOT have given the signal, regardless of whether she was drunk or not..

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    • mattoid 15/11/12 #

      If he didn’t give the signal the accident wouldn’t have happened, but in all likelihood if she was sober the accident wouldn’t have happened either.

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    • So it was his fault a kid on drugs and drink got off at the wrong stop and leaned against a train?

      If her so called friends actually cared for her, they would have ensured that she got home a safer way, wouldn’t they?

      Instead they let her go home by herself.

      And could she not have contacted her parents to help get her home?

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  • She wasn’t drunk. The coroner stated that the amount of alcohol in her system was minimal. Well below the driving limit even. Christ you are all quick to judge. Read the facts before commenting.

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  • Thats a fairly suggestive headline there Aoife!! As though to initially imply a member of the Gardai were at fault & duly convicted!! Suppose it makes for better reading than ‘Security Guard’ or ‘Railway Transit Guard’ and gets you your higher readership numbers in!! Similar to your colleague Hugh and the Off-Duty Garda traffic collision story a few days ago! A little clarification in the headline wouldn’t go amiss!!

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    • Fair enough point, thanks (although it would be correct to say “Garda” if you were talking about a member of the Garda Síochána, not “guard”). Either way, I’ve amended the headline so there’s no confusion.
      Ps. I’m not Aoife ;)

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  • If it was Irish Rail staff they would’ve pushed her under the train

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  • ‘m not ashamed to be Irish, we have punched well above our weight in many scientific and cultural fields. However I am ashamed of the history of religion in Ireland and the world in general. This is just one of a long litany of crap to happen because otherwise intelligent people believe sky fairies intervene in human affairs. I’m sorry I don’t believe in the equality of all views. Religious persuasion may have been an acceptable position in the thirteenth century. In the 21st century it should be considered the same as belief in spell casting or voodoo. This is the price society must pay for a progressive society. Ideas are not human and some ideas should be ridiculed. The failure to do so has resulted in a degree of societal lunacy not seen even within psychiatry. As long as we deny evidence humans will continue to be a liability to each other.

    Reply

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