Martin Zee – Guard Merseyrail is to stand trial on Monday March 6 in Liverpool.
London Transport Regional Council are organising travel to Liverpool to show solidarity with Bro. Zee.
Martin was involved in an incident at Hamilton Square on 8th July 2015 in which a member of the public was injured when she tried to board the train after the door closure procedure had commenced when the door closing alarm was sounding. The individual concerned received a number of injuries after falling between the train and the platform. Our member, by following the training he has received from the company, was instrumental in assisting the train driver in isolating the electrical supply to the third rail by placing the short circuit bar on the running and conductor rail. Martin then lowered himself between the platform edge and the train and offered assistance and reassurance to the member of the public until the emergency services arrived.
Merseyrail’s investigation into the incident and the company’s response to the findings of that report is exemplary. The company have taken no action against our member and all of the recommendations in the report are addressed to system risk issues rather than individual failings. This is in line with RMT’s campaign of fair culture programme in the investigation of incidents.
What is beyond belief is that the Crown Prosecution Service has now commenced a prosecution of our member under Section 34 of the Offences Against the Person Act of 1861. This statute allows for the prosecution of staff on the railway who endangered the safety of any person conveyed or being in or upon a railway. The maximum penalty under the Act is two years imprisonment.
We note our Member Brother Martin Zee has been disgracefully charged under section 34 of the offences against persons act 1861 for performing nothing more than a door procedure in line with Merseyrail's training standards, this unfortunately resulted in minor injuries to a passenger who opted to ignore the hustle alarm, warning her that it was unsafe to board, instead choosing to board the service whilst the doors were in the process of closing whilst it was unsafe to do so.
This GGC notes that Merseyrail carried out their own full and detailed investigation following the incident, further we note Merseyrail's findings following the completion of their investigation amounted to nothing and they advised our Member that he had carried out the "Power operated door procedure" as per the company standard, that he would not face any disciplinary sanctions following the outcome of their findings which proved his innocence beyond doubt ,without any failings on his part.
Additionally we note Brother Zee has been provided full legal assistance from the RMT in an attempt to clear his name and ensure justice is sought. This GGC recognises and welcomes the support Merseyrail have provided for our Martin. The employer does not believe criminal charges are appropriate.
Please contact Ross or Eamonn for details of travel arrangements
We will be travelling up on Monday March 6 at 0700 returning at approximately 1900