Contractor's sentence increased to 12.5 years in 2nd train crash trial

Taipei, May 29 (CNA) In the second trial over the 2021 Taroko Express train disaster that killed 49 people, the Taiwan High Court's Hualien Branch increased the sentence handed down to construction site manager Lee Yi-hsiang (李義祥) to 12 years and 6 months, while upholding the not guilty ruling for Vietnamese migrant worker Hoa Van Hao.

The crash, which occurred on April 2, 2021, was triggered when a crane truck at a construction site above southbound railway tracks in eastern Taiwan fell onto the tracks below and was crashed into by an approaching express train a minute later.

The collision caused the train to derail as it entered a tunnel, resulting in the deaths of 49 people and injuries to more than 200 others.

Prior to the collision, the crane truck became stuck in bushes and stalled on a sharp curve on a construction access road near the slope, and when Lee tried to pull it loose, it sent the truck tumbling down the hill and onto the tracks.

Lee did not try to notify the then-Taiwan Railways Administration (TRA) before the express train crashed, and the train's driver did not see the truck soon enough to break before the collision occurred.

The court found Lee guilty of hit-and-run resulting in death, ruling that he failed to stay at the scene or seek help after the truck slid onto the tracks. For this charge, he was sentenced to seven years -- a reversal of the first trial's not guilty verdict.

Lee was also convicted of negligent homicide (5 years) and bid-rigging under the Government Procurement Act (10 months). His combined sentence now totals 12 years and 6 months, which is 4 years and 8 months longer than the first ruling.

The court emphasized that although the crash happened quickly, Lee still had a legal duty to stay and assist, which he failed to do.

As for Hoa, the court maintained that his actions were not directly linked to the truck's fall. His not guilty verdict from the first trial was therefore upheld.

Relatives of the victim urged prosecutors to charge Lee with murder by omission, but the court rejected this argument in its judgment, noting there was no intent to kill, and that Lee appeared to panic during the brief window before the collision.

Four others involved in the rail construction project -- a TRA project manager and three contractors -- were also indicted. Their cases remain under review pending further investigation.

In the first ruling in November 2022, Lee was sentenced to 7 years and 10 months and fined NT$500,000 (US$15,500), with the court dismissing the hit-and-run charge.

Both verdicts are subject to appeal.