Man cleared of killing friend who saved him from train
Patrick Kennedy has been cleared of manslaughter and endangering the safety of people on the railway
- Published
A man has been cleared of killing his friend who had dragged him out of the way of a train only to be hit by it himself.
Patrick Kennedy, 49, was accused of the manslaughter of Keith Ford, 40, before Judge Justice Nicklin directed a jury at Mold Crown Court to find him not guilty.
He also directed the jury to find Mr Kennedy, of Woodlands Road, Cheetham, Manchester, not guilty for endangering the safety of people on the railway.
The judge said that the immediate cause of Mr Ford’s death was his "courageous and selfless act of trying to save his friend" and that he had acted on his own free-will.
On Friday the court heard the men had travelled in Mr Ford’s van from Urmston, Manchester, to Greenacres caravan park, Prestatyn.
Prosecutor William Hughes KC told the jury that Mr Kennedy deliberately sat between the railway tracks after he "saw an oncoming train".
"Keith Ford attempted to pull or drag the defendant clear and out of the path of the oncoming train," he said.
"The defendant later asserted he did this for a 'giggle' and joked [to Mr Ford at the time] that he would catch the train to the beach."
The train driver applied the emergency brakes on seeing the men but heard an impact.
Mr Ford had serious crush injuries after being struck by the Holyhead to Birmingham train. Mr Kennedy had a hand injury.
Defence barrister Simon Killeen told the jurors that alcohol played a "substantial part in the decision-making" of both men.
"They had trespassed on the railway and Mr Kennedy put himself on the track as 'a joke'."
He added that an "adventure" that day had turned into "misadventure and tragedy".
Pathologist Dr Brian Rodgers said Mr Ford had serious crush injuries and acute alcohol intoxication. There had been a "severe glancing blow".
Following a submission by the defence that there was no case, the judge said Mr Kennedy "very probably owes his own life to the actions of his friend".
However, he declared Mr Ford’s death "isn’t something for which the defendant is responsible under the criminal law".