A Cork engineer has claimed before the High Court that an inquiry into the derailment of a train at Cahir Viaduct in Co Tipperary on October 7th last is compromised.
Dr Michael Grimes applied for leave to the High Court yesterday to take proceedings challenging the appointment by the Minister for Public Enterprise, Mr Séamus Brennan, of Mr John Welsby of the railway inspectorate to chair the inquiry into the derailment.
However, Mr Justice Kearns refused leave to Dr Grimes to take the proceedings. The judge said Dr Grimes did not have the necessary locus standi to do so.
In an affidavit, Dr Grimes, of Tramore Road, Cork, said Mr Welbsy is the head of the railway inspectorate. He said a cement train from Limerick to Waterford had attempted to cross Cahir viaduct on October 7th last, but the train derailed with some wagons ending up in the river below.
He had carried out a report on the incident and found neither the driver nor locomotives contributed to the accident.
He concluded the accident was caused by the widening of the gauge due to a chair (metal support) failing to maintain position due to rotten timber under it.
Dr Grimes said the board of Iarnród Éireann was warned in September 2002 of this kind of system failure and was also warned that the track was unsafe in the general area involved but they "chose to do nothing".
A passenger train was due over the viaduct before the cement train. If that had come off, it was unlikely anyone in any carriage which fell off would have survived, he added. He said his report had attached contributory blame to the railway inspectorate. Therefore, there was no way that Mr Welsby could be impartial in chairing the inquiry.
Dr Grimes said it was immaterial whether he was right or wrong in his report. The bottom line was that allegations of negligence were made by him against the railway inspectorate and Mr Welsby should not be chairing the inquiry.