A driver has been cleared over the Croydon tram disaster in which seven passengers were killed and 21 others were seriously injured.
Alfred Dorris, 49, appeared visibly shaken when a jury at the Old Bailey acquitted him of failing to take “reasonable care” of the health and safety of himself and his 69 passengers on Tram 2551 in November 2016.
The jury deliberated for less than two hours on Monday to reach its unanimous verdict following the prosecution brought by the Office of Road and Rail (ORR).
Transport for London (TfL) and Tram Operations Limited (ToL) have previously admitted health and safety offences relating to significant failings ahead of the catastrophic derailment and will be sentenced at a later date.
Families of the victims had sat in Court One of the Old Bailey or attended the trial by video-link from Croydon.
The people who died were Dane Chinnery, 19, Philip Seary, 57, Dorota Rynkiewicz, 35, Robert Huxley, 63, and Philip Logan, 52, all from New Addington, and Donald Collett, 62, and Mark Smith, 35, both from Croydon.
The court had heard that Dorris, of Beckenham, south-east London, was doing three times the speed he should have been going when his tram derailed on a sharp corner at Sandilands in south London on the morning of November 9 2016.
Dorris denied he had a “micro-sleep” and said he became disorientated in the tunnel on approach to the curve, believing he was heading the other way.
He blamed his confusion on a combination of external factors including poor lighting and signage in the Sandilands tunnel complex, darkness and bad weather.
By the time he realised the fatal mistake the tram was already tipping over and he was thrown from his seat, causing him to hit his head and pass out, he said.
I’m a human being and sometimes as a human being things happen to you that you are not in control of— Alfred Dorris
Speaking publicly about the crash for the first time, the driver apologised to the victims’ families and survivors during his tearful evidence at the Old Bailey.
He told them: “I’m a human being and sometimes as a human being things happen to you that you are not in control of.
“I’m sorry that I became disorientated. I’m sorry I was not able to do anything to stop myself from becoming disorientated.
“And I’m deeply sorry I was not able to do anything to reorientate myself and stop the tram from turning over. I’m deeply sorry.”
The court heard that it had been a wet, wintry morning when Tram 2551 embarked on its route from New Addington to Wimbledon via East Croydon.
At a sharp left turn on the approach to Sandilands, drivers are instructed to reduce speed to 12mph (20kph) to safely negotiate the curve, with a sign on the bend confirming it.
Dorris was travelling in excess of 43mph (70kph), causing the inner wheels to come off the track and the tram to tip over.
Survivors described being “flung” about as if in a washing machine or a pinball machine, then a moment of silence before people began to scream and shout.
Dorris was found in his cabin with his eyes shut and one passenger called for him to “wake up”.
When he came to, he said: “I’m sorry, guys. Is everyone all right? I saw something in front of the tram.”
Dorris broke down in court as he recalled the moments before the tragedy, saying: “It was like I went into shock. I could not do anything. I wanted to reach for the brake but at that stage the tram was already going over and I was thrown out of the chair and I could not do anything.
“I can remember being thrown from the chair to the side of the cabin and my shoulder took the impact and I hit the side of my head on the side of the cabin.
“I can remember lying on the floor and then it goes black; I passed out, because I cannot remember the tram sliding or becoming stationary.
“The next thing, I remember hearing voices and people kicking trying to open the cabin door.”
Prosecutor Jonathan Ashley-Norman KC said it was an “accident waiting to happen”.
He told jurors: “Whether by virtue of a micro-sleep, or by virtue of becoming disorientated in some other way, or a combination of the two, Mr Dorris failed to attend to the most basic of requirements of a driver of a passenger vehicle, namely remaining alert and attentive at the controls.”
Dorris was described as having an “impeccable” past record and was seen as one of the better drivers.
The court heard of an alleged “near-miss” 10 days before the derailment in an identical location at a similar time involving another driver.
Defence barrister Miles Bennett said a passenger had “genuinely feared for their safety”.
But Sarah Claypole, who was a senior manager at the time, told jurors she was unaware of the alleged incident or of drivers failing to report errors.
The trial of Alfred Dorris concluded today; we note the decision reached and will consider this appropriately— Office of Road and Rail
It was also suggested that other “environmental and external factors outside his control” relating to the infrastructure around the Sandilands area combined to cause the defendant to become disorientated.
The Old Bailey jurors were not told that an inquest in 2021 concluded that the victims died as a result of an accident and were not unlawfully killed.
At the time, several members of the victims’ families walked out of the room at Croydon Town Hall in tears and there were demands for a new inquest with more witnesses called to give evidence about alleged safety failings.
Dorris had been excused from attending the inquest because he was suffering from severe post-traumatic stress disorder.
The ORR said in a statement: “We conducted an extensive, detailed and thorough investigation and took the decision to prosecute Transport for London (TfL), Tram Operations Limited (ToL) and driver Alfred Dorris for what we believed to be serious health and safety failings relating to the Croydon tram derailment.
“The trial of Alfred Dorris concluded today; we note the decision reached and will consider this appropriately.
“Transport for London (TfL) and Tram Operations Limited (ToL) entered guilty pleas in 2022 and will be sentenced at a later date.
“Our thoughts remain with those affected by the tragedy.”
Joe Collett, whose brother Donald died in the derailment, said there were “no winners at all” and felt the system had let him down.
He told reporters outside the Old Bailey he was “very disappointed” because “the only one who knows what happened and the truth is Mr Dorris”.
He said: “He had done the journey several thousand times and this day (he) said he had a bad day – but seven people had a worst day.
“He knows what he’s done. He knows the truth. He was the driver.”
He added: “I’ve got no real feelings against him because he didn’t intend to do what happened.”
Victim Mark Smith’s mother Jean said she was “speechless” and “gobsmacked” at the verdict.
She said: “At the end of the day he may have been found not guilty, but he was driving that tram and nobody else was.”
Mrs Smith said she felt failed by the judicial system “big time”.
She added: “We’re not the first family to have gone through something like this and we certainly won’t be the last.
“So it needs a radical shake-up. I think it’s geared to defend the wrong people and so people like us just don’t get no justice. But hey ho.
“If it hadn’t been for the ORR, it was only through them we had the last crack of the whip. This is the end of the trial for us.
“We’ll get over this like we get over everything else and we’ll just carry on our lives. Unfortunately it’s a lot emptier without our Mark. And there’s going to be a little eight-year-old boy who’s going to wonder why nobody’s responsible for what happened to his daddy.”
It's something that I am going to have to live with for the rest of my life. And I would just like to end by saying there are no winners in this case— Alfred Dorris
Father Colin Smith said “It’s just a burden of shame basically at the end of the day. Whoever was responsible for it is beside the point now it’s been proven the other way.
“So if I was driving a car it would be a different outcome. I would be responsible and that’s the way I see it.”
Sister Stacey added: “It simply defies logic that you have 12 embankment lights on Sandilands exit, and somehow someone who was allegedly awake, alert and concentrating missed all of those in addition to 20kph speed limits.”
In a statement outside court, Mr Dorris thanked his legal teams and family for their support over the past seven “difficult” years.
He said: “I woke up that morning and turned up for work as a professional tram driver.
“I had every intention to carry out my duties as a professional, and that included to take reasonable care of my passengers and myself.
“Unfortunately, that morning went horribly wrong. And that was because of something I wasn’t in control of.
“But I am deeply and sincerely sorry I wasn’t able to do anything to stop that tram from turning over.
“I’m sorry that some of you have lost someone. Some of you have had life-changing injuries, and all of you have suffered and endured the mental trauma since the accident.
“I’m truly and deeply sorry. It’s something that I am going to have to live with for the rest of my life. And I would just like to end by saying there are no winners in this case.”
