TIME FOR REAL ACTION ON ASSAULTS

RMTnews :: december 2006 :: www.rmt.org.uk 20 F ollowing a long and courageous campaign, Warrington RMT branch secretary Lol Jones has won a legal victory ensuring that in future all assaults on public servants are met with mandatory prosecution. Lol’s campaign began after he suffered a brutal assault at work and the guilty man, a well-heeled trainee solicitor, used a huge legal team to exploit loopholes in the law and avoid prosecution. The trouble began for Lol, a Conductors’ Health and Safety Rep, over three years ago while conducting a FNW service from Manchester Victoria to Lime Street, Liverpool. Six male passengers were harassing a lone female and, on leaving the train at Newton-le-Willows, the last man turned and viciously head-butted Lol, rendering him unconscious and hospitalised. Some months later the British Transport Police finally identified a suspect, Stefan Whalley, who then chose to turn himself in to the civil police. The BTP allowed the civil police to take ownership of the case and they decided that a caution was appropriate for this brutal assault on a public servant. It later transpired that the assailant was a trainee solicitor in a well-known local legal firm. Lol and his colleagues were outraged and, with the assistance of Regional Organiser Andy Warnock-Smith, strong representations were made to the company to support a private prosecution and the matter was subsequently listed for St Helens magistrates’ court. After four adjournments and a not guilty plea, the court ruled a ‘breach of process’ had occurred as a caution had already been issued and accepted. The accused was represented by an unusually large and experienced legal team. By now, Northern Rail had taken over the franchise and they continued to support Lol through an appeal to the high court, obtaining a stunning victory which upheld his right to bring a private prosecution. In his observations, the Lord Justice ruled that the police caution would require amendment and case law was established, citing the action as against a Stefan Whalley, whereby attacks on rail staff are now viewed as assaults against public servants and merit mandatory prosecution. This would ensure that future cases cannot be influenced by friends in high places. However, Whalley’s legal team, decided to invest yet more money by appealing to the House of Lords. Solely on the question of timescale technicalities, the Lords decided that no further action could be taken against the man who had carried out the brutal attack. “Although understandably aggrieved that my attacker escaped punishment, I am delighted in the change of law which will benefit all railway staff in future,” says Lol. Liverpool Lime Street RMT rep Billy Kimm said that this was an important victory which meant that all staff assaults had to be taken seriously in future. “It is bad enough being attacked anywhere, but being assaulted at work and then seeing that nothing is going to be done about it can seriously undermine the morale and confidence of frontline staff,” he said. Lol’s campaign was a courageous one and he had nothing but praise for his local RMT representatives and to his employer Northern Rail for standing by him. “I would particularly like to thank Phillip Cook of Northern Rail, whose contribution to this change in case law cannot be underestimated, and to my family for their unstinting support and belief,” he says. Well done Lol! LOL MAKES LEGAL HISTORY ON ASSAULTS BREAKTHROUGH: Lol Jones (far right) celebrates with Bob Crow and RMT rep Billy Kimm