VIDEO: Train dodger jailed for six months

4:27pm Friday 22nd February 2008

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A Chorley man who diced with death by standing in front of a packed train has been jailed for six months.

Andrew Ogden, 21, had consumed a cocktail of cocaine and drink before he jumped out of the way just in time to avoid the 50mph train as it passed through Chorley.

The driver of the Manchester airport to Blackpool service believed he had killed him.

Ogden told police he did it for a laugh.

Ogden, of Great Meadow, Chorley, admitted obstruction on the railway under the Malicious Damage act of 1861.

The court was told the incident happened in July last year at the Rylands level crossing, and he was caught on CCTV standing with his arms raised in front of the Northern Rail train.

advertisement He then jumped out of the way at the last second.

Film footage of the incident was played at Preston crown court.

Mr Paul Brookwell, prosecuting, said it was 9.55pm at night and the train was being driven by a driver of some 16 years experience.

At a bend, prior to the crossing, the driver sounded the horn and he saw Ogden ahead.

"He applied the horn and the brakes, but he did think he was doing to hit Mr Ogden.

"Even afterwards, he thought he had struck him a glancing blow."

It left the driver shaken and frightened and needing to be signed off work for about a week.

He was unable to continue with the journey and the train went on to be cancelled at a cost of £347.

Ogden, who had 55 previous convictions, was recognised by a police officer who studied the CCTV film.

In police interview he indicated he had been drinking and had not thought of the consequences.

He had done it for a laugh.

Miss Rosalind Emsley-Smith, defending, said each and everyone of his previous offences was alcohol related.

"In many ways, this present one is a very tragic case.

"At first blush it looks very much like an irresponsible young man in drink, being very selfish and acting in a reckless and dangerous manner.

"All of that is true, but there is a context and a background to that behaviour on his part.

"He has always taken full responsibility for his behaviour.

"He didn't seek to blame others, or seek to say he had been egged on and dared by others.

"This was not a laugh and in no way funny for anybody.

"It was possibly a fairly loud cry for help from him.

"He recognises the hurt and distress he would have caused and has written a genuine heartfelt letter for the train driver."

Miss Emsley-Smith said what happened was in many ways the culmination of many distressing issues for him.

His father had died just months earlier, he had separated from his partner of five years and was homeless, relying on friends putting him up.

"For a few seconds he genuinely did not care whether he lived or died as he saw that train going towards him.

"That's what he had in his mind," she added.

Passing a jail term, Judge Pamela Badley told Ogden he had moved out of the way at the very last moment.

The experienced driver had realised he was in grave danger of striking him.

She said the defendant's behaviour had been irresponsible.

"Behaviour such as this cannot be tolerated," said the judge.

"It is a matter so serious that neither a fine alone nor a community sentence can be justified for it."