Three men sentenced after trying to steal railway track in Neath claiming it was on ‘unowned’ land
David Hanford, 58, of Brownhills, Gorseinon, Robert Lewis, 64, of Y Fron, Cefneithin, and Ryan John, 43, of Llys Caernedi, Carmarthen, all appeared at Swansea Crown Court where they admitted attempted theft.
Hanford and Lewis were each sentenced to nine months’ imprisonment, suspended for two years, ordered to undertake rehabilitation activity and pay £500 in compensation. John received four months and two weeks’ imprisonment, suspended for two years, and must also undertake rehabilitation activity, carry out unpaid work, and pay £500 in compensation.
The court heard that at around 8.30am on 3 October 2022, a member of the public noticed a van and a group of men in high-vis vests on the line in the Bryn Golwg area in Clyne, Neath.
He initially thought nothing of it as the line was “mothballed” – a term used in railway engineering to refer to track that is not in use at the time but still requires maintenance and could be brought back into service on short notice.
When the men had left at the end of the day, he decided to take a closer look and noticed there had been cuts to the track. Concerned, he informed Network Rail.
Railway track that was cut and stacked by the three men attempting to steal it from the mothballed line in Clyne, Neath. Image: British Transport Police
The following morning the same men were back again, going back and forth between the track and the van. British Transport Police (BTP) were called, and officers attended a short time later.
They ordered the men to stop what they were doing and provide their industry-specific identity cards proving they were allowed to work on the railway, which they were all unable to do.
Hanford claimed he and the other men were running a company and stated that the land was not owned by anyone and that the group were intending to remove the “abandoned” track and scrap the metal so the land could be used for other things.
He produced an authentic Land Registry document to try to support his claim.
However, after calling the Land Registry and noticing cuts to the track, officers seized the men’s equipment, took all of their details and told them they would all be invited to police interview on suspicion of attempted theft.
A protracted investigation was launched, involving a number of specialist Network Rail surveyors and track managers, the Land Registry and the Crown Prosecution Service.
Officers established that Hanford and Lewis had been involved in a number of similar incidents in previous years, where they would look for what they deemed as “abandoned” railway lines and make requests to the Land Registry for index map searches.
Nearly all the railway network was acquired in the 19th century by Network Rail’s predecessors in title and much of it remains unregistered.
The group tried to use the technicality of the land’s description as “unregistered estate” to their advantage as meaning nobody owned it and it was therefore theirs to do what they liked with.
As officers were preparing for voluntary interviews with the group in September 2023, they returned to the same area of track. They were spotted by another member of the public who was aware of the theft attempt from the previous year and called police.
BTP officers arrived a short time later and the group again claimed the line was abandoned and disused, admitting that they had cut the track the previous year and had returned to dispose of it. They were again arrested on suspicion of theft and taken into custody.
Close-up showing where the railway track was cut in Neath. The three men claimed the line was abandoned and on unowned land. Image: British Transport Police
The total cost of the damage caused to the track was estimated at almost £46,000.
They were all charged in April 2024.
BTP Police Constable Kay Calderwood who led the investigation said:
“This has been a lengthy, complex and honestly quite bizarre investigation. As part of the ploy the group had created a bogus company, but it was not registered with Companies House and had no health and safety plans or insurance. They tried to dress professionally so they could carry out the work unimpeded but were disrupted both times by concerned members of the public.
“The evidence we gathered meant the CPS presented Hanford, Lewis and John with land registry records and deeds dating back to the 1850s, yet they repeatedly insisted that the certificate they had meant the land was in their view abandoned and that meant they could do whatever they wanted.
“Most concerningly, the group had no idea about the line they were damaging. They didn’t know when the last test train had run on the track, therefore they’d have been entirely unaware of potentially derailing a train if they had been successful in their efforts.
“This should serve as a significant warning to anyone else who thinks they can trespass and try to steal railway track.”
BTP Chief Inspector Joseph Gorman, lead for railway disruption, said:
“This conviction sends a clear message that dangerous, costly, and disruptive crimes such as track theft will not be tolerated. Attempting to steal metal from the railway network or from depots can pose a serious risk of harm to the offender, and the costs incurred by the railway operator are passed on to the average commuter.”
Cerys Canning, Programme Manager at Network Rail, said:
“This was an extremely dangerous act that put lives at risk and caused significant damage to the railway. Even lines that are not currently in use remain part of the operational railway and can be brought back into service at short notice. Interfering with track in any circumstances is illegal and can have catastrophic consequences.
“The damage caused in this case cost almost £46,000 – money that would otherwise be spent on maintaining and improving the railway for passengers and freight customers.
“Anyone found trespassing or attempting to remove railway assets is committing a serious criminal offence and will be dealt with accordingly. We’re grateful to the members of the public who raised concerns, and we will continue working closely with British Transport Police to protect the railway and keep people safe.”
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