THREE railway maintenance men have been convicted of health and safety offences following the death of a father-of-five from Burnley.

David Pennington, 45, of Cog Lane, Burnley, was working at night on a main line in Staffordshire with another man when they were hit by a road-rail vehicle.

David Jones, 48, of Derbyshire, and John Brady, 44, and Wayne Brigden, 29, both of Birmingham, were found guilty of failing to take care of the safety of themselves and others.

Jones and Brady were cleared of endangering the safety of rail passengers.

Their employer, V G Clements Ltd, of Pervivale, North London, was acquitted of failing to ensure the safety of employees and failing to ensure the safety of non-employees.

All the defendants pleaded not guilty.

Sentence was adjourned until September.

At that time Network Rail and Carillion Rail will also be sentenced for endangering the health of non-employees and employees.

A jury at Stafford Crown Court took almost three days at the end of a 35-day trial to reach their verdicts.

The trial is expected to cost the taxpayers several million pounds.

Philip Mott QC, who led the prosecution, said that on the night of the tragedy in September 2004 Mr Pennington, and a co-worker from Sheffield, were working on the Trent Valley line at Hednesford, near Cannock, Staffordshire, where new track was being laid.

He said Jones was the driver of a road-rail vehicle.

Mr Mott said: “Jones said he was unable to see where he was going.

"Brady was the machine controller and in charge of the road-rail vehicle and Jones could not do anything without his permission.

"Brigden was the senior supervisor employed by Carillion.”