THE Crown Prosecution Service (CPS) has issued summonses against Network Rail and the signalman in charge when a woman died at a level crossing in Moreton-on- Lugg last year.

Jane Harding was a passenger in a car that was in collision with a train in the Herefordshire village in January, 2010.

The 52-year-old from Marden was taken to hospital but died from injuries suffered in the train crash.

Jayne Salt, head of the West Midlands CPS complex casework unit, said that she had advised British Transport Police that 41-year-old Adrian Maund, who was the signalman in charge at the time of the fatal crash, should be summonsed under section seven of the Health and Safety Act for failing to take reasonable care for the health and safety of other people likely to be affected by his actions or omissions at work.

She added that Network Rail should also be prosecuted under section three of the Health and Safety Act, which imposes a duty on an employer to conduct their undertaking in such a way to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health and safety.

“I have reached this decision after very careful reviewing with a leading Queen’s Counsel all of the material gathered in the police investigation,” said Ms Salt.

“As part of my review, I considered whether there was sufficient evidence to charge anyone with manslaughter and have concluded there is not.

“However, I am satisfied there is sufficient evidence for a realistic conviction and that it is in the public interest to prosecute these charges under the Health and Safety Act.”

The first hearing will take place at Birmingham Magistrates Court in October.