Thursday, March 1, 2012

NSW: Union official denies protecting train crew at inquiry

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NSW: Union official denies protecting train crew at inquiry

By Graeme Webber

SYDNEY, April 7 AAP - A union official today denied trying to protect a long-time friendwho was at the controls of a Tangara train which ploughed into a rock wall south of Sydney.

John Aquilina, sub-branch secretary of the Australian Rail Bus and Tram Union's Wollongongdivision, gave evidence today before the Special Commission of Inquiry into the derailmentat Waterfall that killed seven people on January 31.

Mr Aquilina, who is also a train driver, said he had arrived at the scene soon afterthe crash and found driver Herman Zeides dead alongside the mangled wreck. The two menhad been friends for decades.

Mr Aquilina said he had comforted injured guard Bill Van Kessel, the only survivingtrain crew member, at the crash site but had never asked how the derailment had happened.

He said he had later visited Mr Van Kessel in hospital, then at home and had also spokento him on the telephone, but he insisted he had never inquired about the cause of thederailment.

Mr Aquilina agreed he had an acute interest in the matter as a friend of the dead driverand a union official, but repeatedly told the inquiry he had never talked to the guardabout what led up to the derailment.

But he faced persistent questioning by both counsel assisting the inquiry, Peter Hall,QC, and Commissioner Justice Peter McInerney about his failure to find out what had happened.

"You wouldn't be seeking to protect Mr Van Kessel, would you, by not disclosing anythinghe said about what had happened?" Mr Hall asked.

Mr Aquilina replied: "No."

Commissioner McInerney asked if Mr Aquilina had contacted the train guard in hospitalto "tender certain advice to him".

Mr Aquilina rejected the suggestion, but Mr Hall pressed the matter further, saying,"Have you heard that advice was tendered from the union to Mr Van Kessel when he was inhospital not to make a statement to the police about the matter?".

Mr Aquilina said he knew nothing about the claim, apart from press reports.

Bruce Smith, a train guard, told the inquiry he had passed over the same line justhalf an hour before the disaster but reported no problems with the track.

Passenger William Rymill, a Sydney engineer, told how he had been pressed back in hisseat by the rapid acceleration about a minute after leaving Waterfall station.

He said the carriages had started to wobble and sway on the tracks as the train keptsurging ahead towards a curve, which became the crash site.

"What I felt was enough to push me back against the seat and think, `Gee, what's goingon here'," said Mr Rymill, who suffered broken ribs in the crash.

He said he remembered looking out the window as the scenery rushed by and noticingother passengers were also distressed by the speed.

"It was ramping up, which was the frightening thing about it," he said.

"I thought of my family. I instantly thought there's nothing I can do, here goes."

The hearing will continue tomorrow.

AAP gmw/nf/wjf/br

KEYWORD: DERAIL

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