The accident of this test train on November 14, 2015 in Bas-Rhin left 11 dead and around forty injured. The SNCF, two of its subsidiaries as well as three railway workers will appear from Monday before the Paris criminal court for homicide and involuntary injuries.
This is, to date, the only fatal derailment of a TGV in France. More than eight years after the accident of a test train which left 11 dead and 42 injured on November 14, 2015 in Bas-Rhin, the trial into the causes of the tragedy opens in Paris on Monday March 4. SNCF, its subsidiaries Systra and SNCF Réseau as well as three employees are on trial before the criminal court until May 16. These three legal entities and these three natural persons are being prosecuted for “injuries and manslaughter caused by clumsiness, recklessness, negligence or breach of a duty of safety”. Franceinfo looks back on this rail accident and the challenges of the trial.
What happened on November 14, 2015?
“A train that ‘burns’ is 600 tonnes moving and flying. It lasts a fraction of a second, but it’s phenomenal.” On the phone, Marc Ebersold’s voice trembles. On November 14, 2015, he was one of the first to arrive on site. At that time, he was deputy mayor of Eckwersheim (Bas-Rhin), the village closest to the site of the derailment. A test train left the rails, hit a bridge and tipped into the Marne-Rhine canal. Of the 53 people on the train, 11 lost their lives and the other 42 were injured, some seriously.
To test a new section of high-speed line, it was necessary to carry out a dynamic test during which the TGV runs faster than normal, in order to test the track, according to the order for referral to the criminal court (ORTC), consulted by franceinfo. In the case of the line linking Paris to Strasbourg, a particularly delicate bend to negotiate requires a succession of three speed levels. If they are not respected, it is impossible to approach the curve below the 176 km/h threshold mentioned on the roadmap. This is precisely the nightmare scenario of November 14: the driver applied the brakes too late and the train approached the curve at 243 km/h.
Why were families on board a test train?
Among the TGV passengers are employees of the SNCF and its subsidiary Systra, one from the SNCF Réseau, but also non-employee guests. This last point is at the heart of the investigations: why did around ten people, including four children, who do not work in the railway world find themselves on this unapproved train? This situation is denounced by Sophie Sarre, lawyer for four civil parties in this case.
“People confused a test train with a maiden voyage. This march was done for the first time in this sense with people who had nothing to do with it.”
Sophie Sarre, lawyer for four civil partiesat franceinfo
On the evening of the accident, the president of the SNCF at the time, Guillaume Pepy, claimed that the presence of guests “is not a practice that the SNCF recognizes”adding that‘”a test train is a test train”. Nearly two years later, he contradicted himself in the show “Envoyé Spécial”, while he was filmed without his knowledge. He recognizes that there “always had guests”and that their “list was incorrectly established“. Gérard Chemla, lawyer for around fifty civil parties, announced to franceinfo that he would have Guillaume Pepy called as a witness during the trial.
What does justice charge SNCF, Systra and SNCF Réseau?
THE three companies are accused of failings which led to “inappropriate actions of the driving team in terms of braking”, stipulates the ORTC. SNCF and Systra are being sued because they were jointly responsible for organizing the tests. SNCF Réseau being the project owner, the investigation points to failures in its risk assessment.
These legal entities are particularly criticized for risking up to 225,000 euros fine each, according to article 131-38 of the Penal Code, of having hired staff without training them. While Guillaume Pepy declared four days after the tragedy that it was “great professionals, experts in their field, because in tests, they are often the best of us”, the investigation demonstrated that the drivers had not received the necessary training to carry out overspeed tests on a TGV.
Justice also criticizes SNCF and its two subsidiaries for not having identified the railway risks linked to driving a test train at overspeed. Other more targeted points will be debated during the trial, in particular the communication defects, raised by the Land Transport Accident Investigation Bureau (BEA-TT), in its investigation report published in 2017.
Experts argue that the confusion which reigned over the braking strategy is due to a lack of rigor in the organization of the tests. The SNCF, for example, has been singled out for not having provided its subsidiary Systra with documents relating to previous tests. For its part, Systra did not correctly assess the risks specific to this type of testing, according to the authors of a 2016 report in an internal investigation consulted by franceinfo. As for SNCF Réseau, it is notably criticized for the negligence of its safety coordinator, who did not ensure that the risks linked to carrying out overspeed tests would be taken into account.
Why are three railway workers also being tried?
Beyond the representatives of legal entities, two employees of the SNCF and one of Systra will be judged during this trial: the driver of the train who, due to a lack of consultation on the day of the accident, did not failed to maintain the electric brake, according to the investigation; the traction transport executive, responsible for validating the train order; and the traction pilot, who defines the braking strategy. The three railway workers face a sentence of three years in prison and a fine of up to 45,000 euros each, according to article 221-6 of the Penal Code.
For Philippe Sarda, the driver’s lawyer, “there was a sorting process at the investigation stage” which explains why these three railway workers, involved in the operation of the TGV, are the only ones to appear as natural persons. Sophie Sarre, civil party lawyer, qualifies her colleague’s comments: “In this type of case, it is common for a form of sorting to be carried out. But in the case of this case, I do not think it was intentional”. On the other hand, she admits to being annoyed by the fact of“to be deprived of part of the debate because certain people have become civil parties, which prevents me from quoting them”. According to her, some had a key role in preparing for the trial. They have the choice to go to the trial, or not to attend.
What is the defense of the accused?
“If we rely on what happened during the investigation, all the defense lawyers will plead for acquittal. Legal entities as well as natural persons”. Philippe Sarda intends to demonstrate the innocence of his client, the TGV driver: “He is criticized for not having been competent to carry out these tests, while telling him that he should have realized that the braking strategy was bad. However, how can he gauge the merits of the instructions? ‘He’s incompetent?’
Philippe Sarda will not be the only one to try to raise paradoxes in the procedure. This will also be the case for Systra. A source close to the defense of this SNCF subsidiary clarifies its intentions: “This trial will make it possible to establish the truth about the accident. And this process will make it possible to show that Systra did not commit any fault giving rise to criminal liability. Especially since this test was not the first, and that dozens before him went well.”
However, she declares that her priority “will be to preserve the victims”, stating that he is aware that “It’s going to be very trying for them”. Finally, she affirms that the company’s line of defense will not be “under no circumstances should you attack or charge the SNCF”.
When contacted, the railway company did not wish to comment before the opening of the trial. SNCF Réseau’s lawyer, Eric Dezeuze, also informed franceinfo that the subsidiary would not communicate before the hearing.
What do the victims expect from this trial?
“It’s still a taboo in my family. I hope the abscess will be burst.” Manon* is one of the 88 civil parties formed in this case. The young woman lost her father in the accident and plans to attend part of the trial, in particular the “testimonies from members of the hierarchy, to see if they are in denial of responsibility”.
According to Gérard Chemla, the fifty victims he represents share this expectation: “Even if we are not here to seek revenge, we want responsibilities to be said. Those who have committed mistakes to recognize it.” But Manon “hopes that only companies will be condemned”, and not the railway workers involved.
“I don’t want individuals to go to prison, I think they have paid enough.”
Manon*, daughter of an accident victimat franceinfo
Another major issue: being able to express oneself in front of the defendants. The four civil parties represented by Sophie Sarre, for example, expressed their willingness to speak at the hearing.
“These trials allow us to move on a little more quickly when the people being physically prosecuted hear the victims.”confirms Claude Lienhard, representative of Daniel Heurey’s familydied in the accident. His fear? “The use of all avenues of appeal, with a probable appeal from the SNCF.” A scenario that is also apprehended Manon: “The trial will already be long, from March to May. We hope for a final trial and that there will be no appeal from one of the parties. We want to finally be able to turn the page.”
How will the hearing take place?
The lawyers for the civil parties are unanimous: “It will be a battle of expertise. We know it in advance. There may be procedural issues from the start.”, says Claude Lienhard. According to him, it will above all be a “cold trial, 99% technical”. For Sophie Sarre, “the procedural part will take up a lot of space”. “It is hard to make my clients hear. There is the fear that those involved will get away with using legal arsenals“she adds. Gérard Chemla is more offensive: “The SNCF has a host of high-level experts. It will explain to us in very complicated language that it has not failed.”
I couldn’t read everything, can you give me a summary?
The trial of the first fatal derailment of a TGV in France opens Monday March 4, before the Paris Criminal Court. Three legal entities, SNCF and its subsidiaries Systra and SNCF Réseau, are on trial over the next ten weeks for this accident which left 11 dead and 42 injured on November 14, 2015. Among the defendants are also three individuals, employees charged with of driving the train. All those involved are being prosecuted for “injury and involuntary homicide”.
Opposite, 88 people became civil parties. Among them, survivors of the accident who did not belong to the railway world and who were nevertheless on board the train. Determining the circumstances which led to their presence in this test TGV constitutes one of the challenges of the trial. The victims also want responsibilities to be clearly established. During the investigation, the lawyers for all the defendants suggested that they were going to plead for acquittal.
* The first name has been changed at the request of the person concerned.