A MAN who was charged with the manslaughter of his friend who died on the railway tracks in Prestatyn has been cleared.

Patrick Kennedy, 49, of Woodlands Road, Manchester, denied unlawfully killing 40-year-old Keith Ford, from Urmston, Manchester, who died on July 13, 2022.

But at Mold Crown Court today (October 18), trial judge Mr Justice Matthew Nicklin directed the jury to return a not guilty verdict following an application from Kennedy and his counsel to do so.

A not guilty verdict was also directed in respect of a second charge of doing anything to endanger passengers on a railway.

Prosecutor William Hughes KC said Mr Justice Nicklin’s ruling would not be appealed.

Kennedy and Mr Ford had been staying at Greenacres Caravan Park together when the defendant decided to go to the beach, saying that the railway line was a “shortcut”.

Shortly after 5pm on July 13, 2022, Kennedy sat down on the tracks for a “giggle” as a train approached, but in pulling Kennedy out of harm’s way, Mr Ford was fatally struck by the train himself.

Delivering his ruling, Mr Justice Nicklin said that “a properly directed jury could not convict the defendant of the charges that he faces”.

While he acknowledged Mr Ford committed a “no doubt courageous and selfless act” in trying to save Kennedy, he added that he did so “of his own free will”.

Mr Justice Nicklin said: “It was Mr Ford’s attempt to prevent the defendant coming to harm that ended up saving the defendant’s life but, in the process, cost him his own.

“Mr Ford’s death was not legally caused by any anterior criminal act of the defendant’s trespass on the railway, even if that trespass could properly be found to have endangered or caused to be endangered the safety of any person conveyed or being in or upon a railway.

“I recognise that it can be argued that, had it not been for the defendant’s act of trespass on the railway, and his decision to sit within the four-foot, Mr Ford would not have died.

“Cast in that way, that is true. But it is equally true that if Mr Ford had not decided to trespass on the railway, he would not have died.”

It was the prosecution’s case that Mr Ford’s death was caused by Kennedy’s unlawful act of trespassing on the railway line, and his consequent attempt to pull him out of the path of the oncoming train.

But Simon Killeen, representing Kennedy, told jurors on October 14 (the opening day of the trial) that Mr Ford’s death was, in fact, a “tragic accident in the blur of drink”.

MORE NEWS:

Popular Prestatyn seafront hotel unveils new spa – including swimming pool

Woman from Rhyl who had leg amputated organises musical screening for charity

Why a Post Office branch in Rhyl is set to temporarily close

Both men were significantly intoxicated at the time - Mr Ford’s post-mortem examination establishing that he was about three-and-a-half times the drink-drive limit, while Kennedy told police the following day he had got “p*****d up”.

Mr Justice Nicklin said it is “difficult to avoid the conclusion that their state of drunkenness played a significant role in the tragedy of that afternoon”.

He added: “The defendant very probably owes his own life to the actions of his friend. Mr Ford lost his life as a result.

“That loss is a tragedy, not only for Ms (Vicki) Rice, Mr Ford’s partner, but for all his wider family and those who loved him.

“Mr Ford’s death is not, however, something for which the defendant is responsible under the criminal law.”

To Ms Rice, who gave evidence at the trial and was sat in the public gallery this morning, Mr Justice Nicklin said: “I appreciate, for you, this may be a frustrating and upsetting occasion.

“All I can say is nothing the court can do can make up for the loss you have suffered. You have my and the court’s sympathy for your loss.

“You have maintained dignity and poise in these proceedings, which is commendable.

“I hope you understand why I’ve reached the decision I have. I give you all my sympathy.”

Mr Justice Nicklin thanked the jurors in Kennedy’s trial for their service before discharging them.