Matamata teen train death: KiwiRail failed to follow Coroner recommendation after 2012 fatality

Sarie Morton was killed when she was struck by a train near Matamata College on 12 March. Photo: Supplied

KiwiRail failed to follow a decade-old Coroner's recommendation to fence off an area of railway line where a young Matamata College student was killed by a train this week.

Thirteen-year-old Sarie Morton died after being hit by a northbound freight train on Firth St after school on Wednesday.

In December 2012, Coroner Peter Ryan recommended that a section of rail corridor in Matamata be fenced after 15-year-old Zakariah Paul Lang was fatally struck by a train in July of that year.

Lang was killed instantly near Station Rd, not far from where Sarie died near College Rd.

In his findings, released to RNZ, Coroner Ryan said trees and shrubs next to the track obscured both the train driver's and Zakariah's view before the student accidentally stepped in front of the train.

He called the situation inherently dangerous and recommended that KiwiRail make the area safer for pedestrians, especially because young people were likely to cross the tracks at any point.

A Google Maps image. A marker pinpoints the Firth St and Station Rd intersection and the trees running parallel to the rail track. Photo: Google Maps

On the day Zakariah died he and two friends left school early and were walking south along Firth St about 2.40pm, the Coroner said.

"The group decided to cross over the road and into the trees bordering the railway line, as they were 'wagging school' and did not want to get caught."

The trio were smoking cigarettes and chatting for about 10 minutes before Zakariah decided he wanted to buy some lollies from the dairy at the intersection of Station Rd and Firth St.

The teenager walked off, holding his mobile phone which he had been using to text his girlfriend.

"At the precise moment that Zakariah stepped out from the trees and onto the track, a train was travelling south from Hamilton to Kinleith."

The collision caused massive head and other injuries to Zakariah and he died instantly, about 100m from where Sarie was struck on Wednesday.

The Coroner said the driver did not immediately realise he'd hit Zakariah until one of two colleagues in the cabin said he believed the train had struck a person.

The train was travelling at the permitted speed limit of 70km/h.

The driver said he knew there might be children walking near the track because it was close to the end of school that day but he did not see any children as the train went through town.

A rail staff member in the cabin told the Coroner the train was travelling through an area covered in trees and shrubs on the eastern side, with the main road on the western side, when a figure suddenly appeared in front of the train on the tracks.

The Coroner said he believed the driver had no opportunity to avoid hitting Zakariah.

Coroner Peter Ryan Photo: RNZ / Conan Young

Neither of Zakariah's two friends heard the train coming that day because the train did not have wagons attached, which usually made a noise as they passed over track joins.

Coroner Ryan said if the friends did not hear the train it is likely Zakariah also didn't hear it.

"There is no evidence to suggest that Zakariah has deliberately walked onto the track in front of the train."

He said the boys and the rail staff indicated the trees and shrubs alongside the track caused difficulties for both pedestrians and train operators and that the foliage obstructed the view.

"It is reasonable to assume that, if the trees had not been there, then Zakariah may have seen the train approaching or the train driver may have seen Zakariah approaching and sounded the train's horn to warn Zakariah of the approaching danger.

"To reduce the possibility of other deaths occurring in the future, it seems to me that this inherently dangerous situation should be addressed."

The Coroner noted Zakariah had a small level of THC - a cannabinoid found in cannabis - in his blood, equivalent to smoking a single joint between half an hour to nine hours before his death.

He said Zakariah was distracted by either sending or receiving a text from his girlfriend and the effects of the drug when he crossed the track.

Coroner Ryan said Zakariah's death was accidental but it could have been avoided.

"The evidence indicates this death occurred in an inherently dangerous situation where train tracks in an urban setting are bordered by trees and shrubs.

"Although pedestrians are not permitted to cross railway tracks at any uncontrolled point, where you have a park on one side of the track and a main road on the other side, it is inevitable that pedestrians are going to cross the track."

He said this was especially so when children and youths frequented the area because they did not have the same sense of social responsibility, and personal safety "is not usually keenly felt".

Safeguards should therefore be put in place to "protect such vulnerable people", Coroner Ryan said.

He recommended that KiwiRail consider safety measures such as fencing off that section of track or reducing or removing the trees bordering it to improve visibility for both drivers and pedestrians.

The area where the incident happened in Matamata. Photo: Google Maps

"In addition, the company may wish to review the applicable speed limit for trains travelling on this particular section of track."

The area is not fenced and there is only one nearby level crossing accessible by pedestrians further north at the intersection with Tainui St.

RNZ asked KiwiRail what action it took after Coroner Ryan issued his findings more than 12 years ago.

A spokesperson said in a statement: "We are looking into all these matters with the council right now and as our enquiries are ongoing, we are unable to add anything to yesterday's statement at this stage".

Yesterday Matamata mayor Adrienne Wilcock said she would wait for the various investigations into Sarie's death before the council would consider safety measures.

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