Police are considering attempted murder charges against a bus driver after a train struck his bus at a railway crossing in Koggala, injuring 13 students, Deputy Inspector General (DIG) W.P.J. Senadeera said.
DIG Senadeera, who is in charge of Traffic Control and Road Safety, said the accident happened at about 2.15 p.m. on 25 October. The bus was carrying students, parents and teachers from a private educational institution in Kottawa, and was returning from a visit to the Martin Wickramasinghe Folk Museum.
According to police, warning bells were sounding and red signal lights were flashing when the driver tried to cross the tracks. Students inside the bus reportedly shouted at him to stop because a train was approaching, but he drove onto the crossing and the train hit the rear section of the bus.
Thirteen students were injured and taken to Karapitiya Hospital. Eight remain under treatment in Ward 58 and one is in the intensive care unit. The others have been discharged after treatment.
The driver underwent a breathalyser test, which found no sign of alcohol. Police have referred him for a further test for drugs.
DIG Senadeera described the incident as extremely dangerous and reckless driving and said it could have ended in a tragedy similar to the Yangalmodara railway crossing disaster. He said investigators are considering serious criminal charges under the Penal Code, including attempted murder, depending on what the investigation finds. No charges have been filed against the driver so far, according to the information police have released.
The senior officer said the driver had gone ahead despite clear warnings and with dozens of students and other passengers on board. He urged motorists to obey warning lights, bells and the instructions of railway crossing operators, and warned that trying to cross the tracks in haste can lead to fatal accidents.
Background
Koggala is in the Galle District in the Southern Province, and the railway line there is part of the coastal line that links Colombo with the south of the island. Level crossings along the line are protected in different ways, with some having gates and operators and others relying on bells and lights.
Accidents at railway crossings have caused deaths in Sri Lanka in the past, and the police have repeatedly reminded drivers to stop when signals are active. Under the Penal Code, a person can be charged with attempted murder only where the prosecution can show the required intent or knowledge, which is why police have said the decision depends on the findings of the investigation.
What it means
Drivers of buses, vans and school transport are legally and practically responsible for stopping at a crossing whenever bells ring or red lights flash, whether or not gates are present. Passengers, including children, cannot be expected to prevent a collision on their own.
Parents who send children on school or tuition trips can ask organisers about the driver and vehicle arrangements. Police have said the outcome of the drug test and the wider investigation will decide which charges the driver may face, and any charges would be tested in court.
