KEY QUESTIONS
If or when you speak to Mark Atkinson because I doubt you will have sufficient railway knowledge the following questions will help and should be asked to Route Driver Manager Mark Atkinson regarding my allegations of PERJURY.
Personally I reckon that he will LIE again in trying to answer these questions.
If he has one ounce of sense he will explain the real reason for his LIE'S.
1. What type of warning horn train did my train encounter on that January morning? I will actually help you on this question and give you the answer, it was a PARTIAL FAILURE.
1a. From your disciplinary hearing outcome letter, your findings on charge 1, what type of warning horn failure do they apply to?
1b. If your answer is - a COMPLETE failure of the warning horn, where in the rule book does it state that you must inform your CONTROL about this fault?
1c. If your answer is - a PARTIAL failure of the warning horn, then why is this in total contradiction to your witness statement?
2. If you believe otherwise, where did you get information from to suggest I had a COMPLETE FAILURE of the warning horn?
3. Did I make it abundantly clear in the hearing that I had a PARTIAL FAILURE of the warning horn? More help, do you remember this, "So can I go through that with you? On number 1, failing to follow the correct procedure, as far as I am aware, the correct procedure and I'm treating it as a PARTIAL FAILURE, is quite simply at the first convenient opportunity inform our control".
4. Was there any information in the investigation report that suggested what type of warning horn failure I encountered?
4a. If you believe there was information in the investigation report that ascertained what type of warning horn failure my train had then show anyone where it can be found.
4b. If there was no information regarding what type of warning horn failure I encountered then produce the evidence that made you decide it was a COMPLETE failure.
5. Do you fully understand the Rail Industry Rule Book in connection with how a driver deals with PARTIAL & COMPLETE failures of the warning horn?
6. Do you fully understand the TransPennine Express Contingency Plans and how they are applied regarding PARTIAL & COMPLETE failures of the warning horn?
7. If a train has a PARTIAL FAILURE of the warning horn, do TransPennine Express Contingency Plans state that the train should be removed from service, YES/NO?
8. If your answer is YES - Please provide a copy of the Contingency Plans that state this.
9. If you answer is NO - Why did you LIE, (LIE NO 1) when you stated, “The train remained in service, when it should have been removed”.
10. Lets pretend that the train had a COMPLETE FAILURE of the warning horn, we all know that when the train arrived in York it was terminating and then going to Middlesbrough being driven from the other cab. Would that train have been allowed under the rule book and contingency plans to commence that journey? YES/NO?
11. With a PARTIAL FAILURE of the warning horn would the same train have been allowed to commence its journey? YES/NO?
10. If a train has a warning horn defect, window wiper defect and the train is driven by numerous drivers during the course of a day, would you expect these drivers to report these faults? YES/NO?
11. Should a driver who has a PARTIAL FAILURE of the warning horn, STOP and report the defect to the controlling signaller? YES/NO?
12. If your answer is YES - Please provide a copy of the rule book page that states this.
13. If your answer is NO - Why did you LIE, (LIE NO 2) when you stated, “You didn't stop and report it at the controlling signaller”.
14. Why did you use SLANG terminology when referring to the type of defect a warning horn can have, there are only two possibilities, a PARTIAL or COMPLETE failure, as described in the rule book and contingency plans, not a "full" or "defective" warning horn.
15. If a train has a PARTIAL FAILURE of the warning horn should a driver reduce the train speed? YES/NO?
16. If your answer is YES - Please provide a copy of the rule book page that states this.
17. If your answer is NO - Why did you LIE, (LIE NO 3) when you stated, “At no point did you reduce the train speed”.
18. Where can a procedure for reporting a “near miss” be found? Where is it? Remembering when I asked for a copy, I was informed it was in the rule book and then told it was in the drivers standard booklet, I couldn't find it in either.
19. Bearing in mind from my very first interview when I said, “there had NOT been a near miss”, how can I be charged with not following a procedure when this never happened?
20. If a near miss never happened and there is no laid down procedure should a driver be charged with, “you also failed to follow the correct procedure for reporting a near miss incident”.
21. If your answer is YES - Logically to report something there needs to be a set procedure, but how can you report something that never happened?
22. If your answer is NO - Which it should be through basic common sense then why LIE in the first place (LIE NO 4) as shown above, “you also failed to follow the correct procedure for reporting a near miss incident”.
23. If you are still of the opinion that I should have reported a near miss that never happened, did you report this incident using RIDDOR? If NO, why not?
24. Is your failure to inform using the RIDDOR reporting procedure because you never reported any of my previous concerns that had massive safety implications towards safety? (REPORTS IN MY POSSESSION). The same reports that were handed in to TransPennine Management at York.
25. When a near miss incident is reported, are trains immediately withdrawn from service? YES/NO?
26. If your answer is YES - Which page of the rule book actually states this, which part of any contingency plans actually state this?
Personally I reckon that he will LIE again in trying to answer these questions.
If he has one ounce of sense he will explain the real reason for his LIE'S.
1. What type of warning horn train did my train encounter on that January morning? I will actually help you on this question and give you the answer, it was a PARTIAL FAILURE.
1a. From your disciplinary hearing outcome letter, your findings on charge 1, what type of warning horn failure do they apply to?
1b. If your answer is - a COMPLETE failure of the warning horn, where in the rule book does it state that you must inform your CONTROL about this fault?
1c. If your answer is - a PARTIAL failure of the warning horn, then why is this in total contradiction to your witness statement?
2. If you believe otherwise, where did you get information from to suggest I had a COMPLETE FAILURE of the warning horn?
3. Did I make it abundantly clear in the hearing that I had a PARTIAL FAILURE of the warning horn? More help, do you remember this, "So can I go through that with you? On number 1, failing to follow the correct procedure, as far as I am aware, the correct procedure and I'm treating it as a PARTIAL FAILURE, is quite simply at the first convenient opportunity inform our control".
4. Was there any information in the investigation report that suggested what type of warning horn failure I encountered?
4a. If you believe there was information in the investigation report that ascertained what type of warning horn failure my train had then show anyone where it can be found.
4b. If there was no information regarding what type of warning horn failure I encountered then produce the evidence that made you decide it was a COMPLETE failure.
5. Do you fully understand the Rail Industry Rule Book in connection with how a driver deals with PARTIAL & COMPLETE failures of the warning horn?
6. Do you fully understand the TransPennine Express Contingency Plans and how they are applied regarding PARTIAL & COMPLETE failures of the warning horn?
7. If a train has a PARTIAL FAILURE of the warning horn, do TransPennine Express Contingency Plans state that the train should be removed from service, YES/NO?
8. If your answer is YES - Please provide a copy of the Contingency Plans that state this.
9. If you answer is NO - Why did you LIE, (LIE NO 1) when you stated, “The train remained in service, when it should have been removed”.
10. Lets pretend that the train had a COMPLETE FAILURE of the warning horn, we all know that when the train arrived in York it was terminating and then going to Middlesbrough being driven from the other cab. Would that train have been allowed under the rule book and contingency plans to commence that journey? YES/NO?
11. With a PARTIAL FAILURE of the warning horn would the same train have been allowed to commence its journey? YES/NO?
10. If a train has a warning horn defect, window wiper defect and the train is driven by numerous drivers during the course of a day, would you expect these drivers to report these faults? YES/NO?
11. Should a driver who has a PARTIAL FAILURE of the warning horn, STOP and report the defect to the controlling signaller? YES/NO?
12. If your answer is YES - Please provide a copy of the rule book page that states this.
13. If your answer is NO - Why did you LIE, (LIE NO 2) when you stated, “You didn't stop and report it at the controlling signaller”.
14. Why did you use SLANG terminology when referring to the type of defect a warning horn can have, there are only two possibilities, a PARTIAL or COMPLETE failure, as described in the rule book and contingency plans, not a "full" or "defective" warning horn.
15. If a train has a PARTIAL FAILURE of the warning horn should a driver reduce the train speed? YES/NO?
16. If your answer is YES - Please provide a copy of the rule book page that states this.
17. If your answer is NO - Why did you LIE, (LIE NO 3) when you stated, “At no point did you reduce the train speed”.
18. Where can a procedure for reporting a “near miss” be found? Where is it? Remembering when I asked for a copy, I was informed it was in the rule book and then told it was in the drivers standard booklet, I couldn't find it in either.
19. Bearing in mind from my very first interview when I said, “there had NOT been a near miss”, how can I be charged with not following a procedure when this never happened?
20. If a near miss never happened and there is no laid down procedure should a driver be charged with, “you also failed to follow the correct procedure for reporting a near miss incident”.
21. If your answer is YES - Logically to report something there needs to be a set procedure, but how can you report something that never happened?
22. If your answer is NO - Which it should be through basic common sense then why LIE in the first place (LIE NO 4) as shown above, “you also failed to follow the correct procedure for reporting a near miss incident”.
23. If you are still of the opinion that I should have reported a near miss that never happened, did you report this incident using RIDDOR? If NO, why not?
24. Is your failure to inform using the RIDDOR reporting procedure because you never reported any of my previous concerns that had massive safety implications towards safety? (REPORTS IN MY POSSESSION). The same reports that were handed in to TransPennine Management at York.
25. When a near miss incident is reported, are trains immediately withdrawn from service? YES/NO?
26. If your answer is YES - Which page of the rule book actually states this, which part of any contingency plans actually state this?
27. If your answer is NO - Why LIE (LIE NO 5) when you stated, "8.2 you also failed to follow the correct procedure for reporting a near miss incident, resulting in a train being taken out of service”.
28. Why did you LIE (LIE NO 6) when you stated, “On 17 June 2009, his sick pay was stopped”. Its only a small LIE but nonetheless continues your trend of COMPULSIVE LIE'S, an email from Charlotte Pears (Mayne) gives the truth, "I wrote to you on 26th May to advise that company sick pay had been withdrawn with effect from 18th May".
29. You stated the following, “Prior to the hearing I considered the Investigation Report”. If you considered this report, why didn't you know what type of warning horn failure I encountered?
30. The failure of the warning horn was the paramount reason why I was dismissed according to yourselves and Judge Burton. Where in the investigation report is there any information to be found that states the train I drove that morning had a COMPLETE FAILURE of the warning horn?
31. The answer to the above is simple - there was no information whatsoever that gave any inclination to the type of warning horn failure that train had. So how could you possibly have considered this report and come up with the assumption that my train had a COMPLETE FAILURE of the warning horn? This is LIE (LIE NO 7), you didn't have any information to make your assumption, you should have queried this instead of forming a belief which was a COMPLETE LIE.
32. You also stated the following, “Prior to the hearing I considered the Industry Rule Book”. You should know the rule book inside out, so I find it impossible to believe that you would mix up the rules concerning a PARTIAL & COMPLETE failures of the warning horn, this clearly baffled Judge Burton to believe that I should have STOPPED my train and reported the PARTIALLY defective warning horn, this was LIE (LIE NO 8). Are you still of the belief that I should have STOPPED my train to report a PARTIAL failure of the warning horn?
33. You also stated this, “Prior to the hearing I considered the Company's procedures on defect reporting”. The company's procedures meaning the contingency plans. Why did you have the belief that I should have STOPPED my train and had it REMOVED from service immediately? Do the contingency plans state this? The answer is NO, so once again you are a LIAR (LIE NO 9).
34. Would a train that has a PARTIALLY defective warning horn that is reported to TPE control be allowed to remain in service?
35. If the answer is YES - Although I didn't report this because I couldn't get through on the cab radio, if I had informed them would there have been any difference to how that train continued its journey?
36. If the answer is NO - Which is what you have actually said, then which ruling are you using, where does it state the train should be removed from service? YOU ARE A LIAR!
37. From your next statement, which is the utmost PROOF that you have manipulated the rule book to suit your needs and therefore LIED (LIE NO 10), the first question is again,
What type of warning horn failure did my train have that morning?
Was it a PARTIAL FAILURE?
Was it a COMPLETE FAILURE?
You said under oath the following, "I expanded that Mr Webb's failures in reporting the horn defect were that as per the Rule Book: 18.1 he did not stop immediately or at the earliest convenience (Darlington or Northallerton stations or signal stops) and report the matter to the controlling signaller as specified in the procedure”;
From the above paragraph and the wording, "I expanded that Mr Webb's failures in reporting the horn DEFECT were that as per the Rule Book". DEFECT as in singular which amazingly is TRUE!
38. Which part of the rule book can a rule be found that states - "he did not stop immediately or at the earliest convenience and report the matter to the controlling signaller." as specified in the procedure, which procedure states this supposed ruling?
39. Why did you Mark Atkinson a Senior Manager mix two rules together?
40. Quite clearly from the above passage by Mark Atkinson, he has no idea which rule was supposedly broken, “Stop immediately” would suggest a “complete failure”, but the earliest convenience would suggest a “partial failure”, and reporting the matter to the signaller then suggests a “complete failure”. Would it be fair to say that your LIE'S have gone that far you are even to this day unsure about what happened regarding my train that morning? This was (LIE NO 10).
KEY QUESTIONS CONTINUED ON PAGE 2.
28. Why did you LIE (LIE NO 6) when you stated, “On 17 June 2009, his sick pay was stopped”. Its only a small LIE but nonetheless continues your trend of COMPULSIVE LIE'S, an email from Charlotte Pears (Mayne) gives the truth, "I wrote to you on 26th May to advise that company sick pay had been withdrawn with effect from 18th May".
29. You stated the following, “Prior to the hearing I considered the Investigation Report”. If you considered this report, why didn't you know what type of warning horn failure I encountered?
30. The failure of the warning horn was the paramount reason why I was dismissed according to yourselves and Judge Burton. Where in the investigation report is there any information to be found that states the train I drove that morning had a COMPLETE FAILURE of the warning horn?
31. The answer to the above is simple - there was no information whatsoever that gave any inclination to the type of warning horn failure that train had. So how could you possibly have considered this report and come up with the assumption that my train had a COMPLETE FAILURE of the warning horn? This is LIE (LIE NO 7), you didn't have any information to make your assumption, you should have queried this instead of forming a belief which was a COMPLETE LIE.
32. You also stated the following, “Prior to the hearing I considered the Industry Rule Book”. You should know the rule book inside out, so I find it impossible to believe that you would mix up the rules concerning a PARTIAL & COMPLETE failures of the warning horn, this clearly baffled Judge Burton to believe that I should have STOPPED my train and reported the PARTIALLY defective warning horn, this was LIE (LIE NO 8). Are you still of the belief that I should have STOPPED my train to report a PARTIAL failure of the warning horn?
33. You also stated this, “Prior to the hearing I considered the Company's procedures on defect reporting”. The company's procedures meaning the contingency plans. Why did you have the belief that I should have STOPPED my train and had it REMOVED from service immediately? Do the contingency plans state this? The answer is NO, so once again you are a LIAR (LIE NO 9).
34. Would a train that has a PARTIALLY defective warning horn that is reported to TPE control be allowed to remain in service?
35. If the answer is YES - Although I didn't report this because I couldn't get through on the cab radio, if I had informed them would there have been any difference to how that train continued its journey?
36. If the answer is NO - Which is what you have actually said, then which ruling are you using, where does it state the train should be removed from service? YOU ARE A LIAR!
37. From your next statement, which is the utmost PROOF that you have manipulated the rule book to suit your needs and therefore LIED (LIE NO 10), the first question is again,
What type of warning horn failure did my train have that morning?
Was it a PARTIAL FAILURE?
Was it a COMPLETE FAILURE?
You said under oath the following, "I expanded that Mr Webb's failures in reporting the horn defect were that as per the Rule Book: 18.1 he did not stop immediately or at the earliest convenience (Darlington or Northallerton stations or signal stops) and report the matter to the controlling signaller as specified in the procedure”;
From the above paragraph and the wording, "I expanded that Mr Webb's failures in reporting the horn DEFECT were that as per the Rule Book". DEFECT as in singular which amazingly is TRUE!
38. Which part of the rule book can a rule be found that states - "he did not stop immediately or at the earliest convenience and report the matter to the controlling signaller." as specified in the procedure, which procedure states this supposed ruling?
39. Why did you Mark Atkinson a Senior Manager mix two rules together?
40. Quite clearly from the above passage by Mark Atkinson, he has no idea which rule was supposedly broken, “Stop immediately” would suggest a “complete failure”, but the earliest convenience would suggest a “partial failure”, and reporting the matter to the signaller then suggests a “complete failure”. Would it be fair to say that your LIE'S have gone that far you are even to this day unsure about what happened regarding my train that morning? This was (LIE NO 10).
KEY QUESTIONS CONTINUED ON PAGE 2.