Angry Exeter train passenger stood on line in protest

[whole diary]

[PhilWakely]

From the Exeter Express and Echo

Angry Exeter train passenger stood on line in protest

                                JASON RICHARDS

An angry rail passenger at the centre of a ticket row halted a train in its tracks ^ by standing in the middle of the line.

Frustrated Jason Richards was fuming when he was locked out of the train as he tried to pay the ^10 fare, a court heard.

So the 34 year old stormed down the platform with his possessions which had been chucked on to the platform ^ and stood 20 yards in front of the engine in the centre of the railway track on the main Exeter to Waterloo line.

The South West train was packed with passengers and some got out on to the platform at the rural Whimple railway station in Devon as Richards halted their journey.

The jobless dad admitted a charge under the Malicious Damage Act of obstructing an engine using the railway by an unlawful act.

Prosecutor Deborah Hodges said Richards was asked to show his ticket to the conductor shortly after he got on to the train from his home town of Axminster, east Devon as he was commuting to Exeter.

Exeter magistrates court heard his credit card was faulty and he was unable to use the conductor^s machine, so he was told to get off and use the machine on the platform at Whimple.

Richards did get off but was anxious that his faulty card may be swallowed up by the machine. He got back on the train but was told he could not travel without a ticket ^ and the conductor put his possessions on the platform.

Richards got off the train again and claimed the conductor locked the door behind him ^ even though the defendant had ^200 in cash on him and was happy to pay for his ticket in cash.

The court heard he then stomped down to the track and stood in front of the train preventing it from leaving the station.

The prosecutor said the conductor then said Richards could travel to Exeter without a ticket and he was allowed back on ^ but police were waiting for him at Exeter^s main station when it pulled in five minutes after its scheduled arrival which Network Rail said cost it ^475.

Richards told police that he was protesting against the conductor for locking the door and stopping him getting back on the train.

Defence lawyer Peter Seigne said:^He is sorry for his actions, he did not know it was an offence.^

Mr Seigne said when he first got on the train he was not feeling well and had to dash to the toilet but he said there ^appeared to be a hint that he was trying to avoid the train fare^.

He said Williams was concerned that his card may be eaten by the ticket machine and he was ^a bit cross^ that he could not pay by cash.

The lawyer said as his client recovered his possessions from the platform where they had been taken by the conductor, the rain doors were locked and the train was starting to move away adding to his frustration.

Mr Seigne said the incident happened at 11.29am on January 28th and Richards only stood in front of the engine for ^19 seconds^ before he was allowed back on.

^He accepts it was a foolish thing to do. It wasn^t a high speed train, nothing like that. He is a regular train user and travels frequently between Axminster and Exeter. He always intended to pay.

^He took a rather bizarre and unusual step to make his point, out of frustration.^

The JPs said potentially it was a ^serious incident^ but gave him a 12 months conditional discharge and ordered him to pay ^50 compensation to the railway.

Outside court Richards, of Cridlake, Axminster, said:^I wanted to pay by cash but the conductor had made his mind up. There were around 150 people on the train, it was packed.

^Stupidly I don^t know what I was thinking. I tried to pay the ^10 fare and I had the money on me, that was the most frustrating part about it.^

[TaplowGreen]

"Cretin" barely does him justice.

[ChrisB]

Agreed. And I'm sure the TM^‡(resolve) would have taken cash if he'd offered it.

[grahame]

The jobless dad admitted a charge under the Malicious Damage Act of obstructing an engine using the railway by an unlawful act.

"Engine" ?? I wonder how the act defines that, and whether he did actually obstruct an engine.   Silly thing to do anyway!

[Bmblbzzz]

Sounds suspiciously like he was in a strop because he was caught fare dodging.

[stuving]

The jobless dad admitted a charge under the Malicious Damage Act of obstructing an engine using the railway by an unlawful act.

"Engine" ?? I wonder how the act defines that, and whether he did actually obstruct an engine.   Silly thing to do anyway!

I don't suppose it does. A DMU^▸ (Diesel Multiple Unit) would be an "engine" - how many passengers it carries being less important than it locomotive capacity. In any case, the relevant bit of act says [with subsequent amendment]:

36 Obstructing engines or carriages on railways.

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall obstruct or cause to be obstructed any engine or carriage using any railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, [with or without hard labour].

[TaplowGreen]

The jobless dad admitted a charge under the Malicious Damage Act of obstructing an engine using the railway by an unlawful act.

"Engine" ?? I wonder how the act defines that, and whether he did actually obstruct an engine.   Silly thing to do anyway!

I don't suppose it does. A DMU^▸ (Diesel Multiple Unit) would be an "engine" - how many passengers it carries being less important than it locomotive capacity. In any case, the relevant bit of act says [with subsequent amendment]:

36 Obstructing engines or carriages on railways.

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall obstruct or cause to be obstructed any engine or carriage using any railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, [with or without hard labour].

I love those old laws..........almost expected to read something about transportation to the colonies!!!

[JayMac]

If he was fare dodging then he's also committed perjury by lying in court.

He should have course have paid before boarding at Axminster. Ticket office and TVM^▸ (Ticket Vending Machine) there. Maybe a chancer, only paying when challenged. May have been an online only debit card rather than reported credit card. Maybe prosecutors decided to go with the potentially  more serious charge rather than fare evasion. Stick to one offence to be heard in court rather than complicating with two offences.

All told a rather lenient sentence for the offence he was charged with. Maybe the magistrates were having a pleasant day. Maybe he had a really good solicitor. But still a criminal record, which doesn't help someone who's looking for work.

[stuving]

I love those old laws..........almost expected to read something about transportation to the colonies!!!

This act of 1861 is a long list of all the things you mustn't cause "malicious injury" to. Most of the sections on actual damage are fiercer, for example the previous clause:

35 Placing wood, &c. on railway, with intent to obstruct or overthrow any engine, &c.

Whosoever shall unlawfully and maliciously cut [read put], place, cast, or throw upon or across any railway any wood, stone, or other matter or thing, or shall unlawfully and maliciously take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway, or shall unlawfully and maliciously turn, move, or divert any points or other machinery belonging to any railway, or shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall unlawfully and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life [or for any term not less than three years, - or to be imprisoned for any term not exceeding two years, with or without hard labour, and if a male under the age of sixteen, with or without whipping]

Quite why you can't be locked up for between two and three years is a mystery.

[TaplowGreen]

.........I'd have gone for maximum severity...........hanging even.....but then again I must declare an interest/bias as he is from Exeter & I'm a Janner!!! 

[TeaStew]

Does seem strange that any of this would have happened if train staff had known he had cash and was happy to pay with it. It would be interesting to see how many ticket transactions show on the account of this "regular train user".

I feel there is more of a story along the "...train was packed with passengers and some got out on to the platform at the rural Whimple railway station in Devon as Richards halted their journey..." lines. Can just imagine the words hurled at him!

[Surrey 455]

Williams was concerned that his card may be eaten by the ticket machine and he was ^a bit cross^ that he could not pay by cash.

You push your card in, you pull it out. The card does not go all the way in to the machine. It's not like a cash machine.

[The Grecian]

So he got on the train with ^200 and a faulty card which he didn't want to use in a machine, to commute to Exeter even though he doesn't have a job, and he felt unwell after getting on board so had to go straight to the toilet. There's a ticket machine at Axminster and the ticket office would have been open at 11am on a Tuesday morning, so there were two opportunities to pay there. He lives in Axminster so presumably getting there in time to buy a ticket wouldn't have been affected by traffic jams given it's a small town.

Admittedly the Excess and Error isn't famed for its accuracy and there may be errors aplenty in there, but on the facts provided it does sound like a remarkable series of unfortunate coincidences!

[LiskeardRich]

Does seem strange that any of this would have happened if train staff had known he had cash and was happy to pay with it. It would be interesting to see how many ticket transactions show on the account of this "regular train user".

I feel there is more of a story along the "...train was packed with passengers and some got out on to the platform at the rural Whimple railway station in Devon as Richards halted their journey..." lines. Can just imagine the words hurled at him!

But he was only there for 19seconds. How did they have time to get off whilst the doors were locked?

[TeaStew]

Well it is his lawyer that says 19 seconds. I can just imagine "less than a third of a minute" being uttered. So, in reality, it was probably anywhere from 20 seconds to half an hour!