Boyfriend charged over death of woman killed by train after 'getting Ugg Boot stuck' in tracks

Kelly Mack - a 29-year-old mother of two young children - died when she was hit by a 50mph train as she tried to get across the tracks with her boyfriend Darren Palmer.

The 38-year-old appeared at Colchester Magistrates court yesterday charged with her manslaughter at Hythe Railway Station , Essex, on March 27 last month.

During the twenty minute hearing Palmer - wearing cream trousers, a dark blue jumper and pale green shirt - appeared unemotional as he was flanked by security guards in the dock.

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Prosecutor Fiona Harman revealed some of the background to the case but details of exactly what happened to Miss Mack moments before she died could not be reported for legal reasons.

"On March 27 Miss Mack was struck and killed by a train at Hythe level crossing in Colchester," she told the court.

"Inquires revealed that events which took place moments before this tragic incident bore directly on the cause of death.

"It would appear that the deceased and defendant travelled to the station by taxi from Colchester," she added.

"The barrier affording protection to both vehicles and pedestrians had been lowered at the crossing in order to allow the 18.56pm London Liverpool Street to Clacton train to pass the Hythe station - this being a non stopping train.

"The defendant proceeded onto the track via the public entrance and trespassed across the railway track whilst on the other side of the lines the defendant beckoned the deceased to join him.

"Witnesses say she proceeded in some manner across the crossing only to get stuck, we believe the heel of her boot got stuck, in wooden slats positioned at either side of the road to deter trespassers.

"Two witnesses who were waiting to cross when safe to do so, worked together to rescue the deceased from mortal danger."

They themselves went onto the line to pull her free.

"They did this putting their own lives at risk seeing the oncoming train."

Last week one of those who helped to free Miss Mack claimed that after she had been freed she had been told to run across the tracks by her boyfriend.

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Jonathan Smith, aged 18, claimed that seconds before being struck by the train Miss Mack had been "safe" and he added: "I had her in my arms, she was safe.

"But her boyfriend screamed at her to get to the other side. I said : 'Stay on this side.'

"But he said: 'This is my train. I've got to be on this side of the track,' and so she tried to cross."

Trevor Linn, defending Palmer , said he considered the incident "a tragic accident," adding: "In our respectful submission this was a tragic accident as reported in the press by Inspector Pearce of British Transport police."

He added that while manslaughter carries a maximum life sentence he believed it would be difficult to prove in his client's case.

The lawyer told magistrates that Palmer had lived in Essex for 25 years and had two children with Miss Mack.

Magistrates then refused to grant Palmer bail and he was remanded in custody to appear at Chelmsford Crown Court on June 23.

While none of Miss Mack's relatives attended the court hearing her parents have left a touching message at the scene of the tragedy, which reads:

"For Kelly - our darling daughter - sleep in peace, love Mum and Dad."