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Rail crossing crash driver jailed Rail crossing crash driver jailed
(about 14 hours later)
A teenager who accelerated towards a railway level crossing before hitting a train and killing his two passengers has been jailed for five years.A teenager who accelerated towards a railway level crossing before hitting a train and killing his two passengers has been jailed for five years.
Richard Fleming, 18, admitted causing the deaths of Paul Oliver and Alan Thain, both 17, on 2 February 2007.Richard Fleming, 18, admitted causing the deaths of Paul Oliver and Alan Thain, both 17, on 2 February 2007.
Fleming, from Tain, caused the crash at Delny, near Invergordon, in Easter Ross, by driving dangerously.Fleming, from Tain, caused the crash at Delny, near Invergordon, in Easter Ross, by driving dangerously.
Judge Lord Brailsford said local politicians had raised concerns about the level crossing.Judge Lord Brailsford said local politicians had raised concerns about the level crossing.
The judge told Fleming: "I accept fully you are full of remorse for what happened." Network Rail, which has responsibility for the crossing, said it was Fleming's actions and not the site which were the issue.
A spokesman said: "The event at Delny was a tragic waste of two young lives. The sad fact is that they were killed by an act of reckless driving, not by a level crossing."
I accept fully you are full of remorse for what happened Lord Brailsford
The company carried out a risk assessment following the accident and said this showed the safety measures in place were, and continue to be, appropriate.
However, the speed of trains travelling over the crossing has been reduced to further lessen the risk to road and rail traffic and hooded lights have also been installed at the crossing.
In court, Lord Brailsford told Fleming: "I accept fully you are full of remorse for what happened."
He added: "Perhaps most importantly, and I think unusually, this is a case where on the information presented to me this morning there is cogent and persuasive evidence that there were problems with the level crossing where this accident occurred."He added: "Perhaps most importantly, and I think unusually, this is a case where on the information presented to me this morning there is cogent and persuasive evidence that there were problems with the level crossing where this accident occurred."
The judge said defence counsel Peter Gray QC had given him details of remarks made by Highlands MSP Jamie Stone and councillors over the crossing.The judge said defence counsel Peter Gray QC had given him details of remarks made by Highlands MSP Jamie Stone and councillors over the crossing.
Lord Brailsford said these appeared to be based on complaints and representations made to the elected representatives.Lord Brailsford said these appeared to be based on complaints and representations made to the elected representatives.
The judge said they related to specific circumstances which prevailed at the site on the day of the crash where a strong sun was present and low in the sky as a motorist approached the scene.The judge said they related to specific circumstances which prevailed at the site on the day of the crash where a strong sun was present and low in the sky as a motorist approached the scene.
He said: "That is not exculpatory of this offence but it is a factor which I think allows me to treat you more leniently than would normally be the situation for an offence of this gravity, involving two deaths."He said: "That is not exculpatory of this offence but it is a factor which I think allows me to treat you more leniently than would normally be the situation for an offence of this gravity, involving two deaths."
Driving testDriving test
Lord Brailsford told the teenager he would have faced a 90-month sentence but for his guilty plea.Lord Brailsford told the teenager he would have faced a 90-month sentence but for his guilty plea.
As well as the prison sentence, Fleming was banned from driving for 10 years and ordered to resit a test.As well as the prison sentence, Fleming was banned from driving for 10 years and ordered to resit a test.
In an earlier appearance, he also admitted driving at speeds of up to 108mph weeks before the crash.In an earlier appearance, he also admitted driving at speeds of up to 108mph weeks before the crash.
This offence happened on the A9 road at Kildary, Ross-shire, on 23 December 2006, and came two days after he passed his driving test.This offence happened on the A9 road at Kildary, Ross-shire, on 23 December 2006, and came two days after he passed his driving test.
Two police officers recorded him travelling at 108mph and pulled him over.Two police officers recorded him travelling at 108mph and pulled him over.
Fleming had two passengers in his Ford Fiesta at the time and after he was charged he was allowed on his way.Fleming had two passengers in his Ford Fiesta at the time and after he was charged he was allowed on his way.
The same two police officers were coincidentally the first on the scene at the wreckage of his car after he smashed into the underside of the train.The same two police officers were coincidentally the first on the scene at the wreckage of his car after he smashed into the underside of the train.