A STUDENT prosecuted for putting her feet on a train seat walked free from court today with an absolute discharge.
Kathleen Jennings wept and hugged her parents in court as magistrates cleared her of any penalty.
She was not even ordered to pay costs.
As revealed in yesterday's MEN, the maths student at Manchester University was being hauled before Chester Magistrates today after an enforcement officer with Merseyrail challenged her for putting her feet on the seat.
The company has a zero tolerance policy towards this and 250 people have already been prosecuted since February.
Kathleen, 19, from Oldham, was issued with a summons by post even though she took her flip-flops off the seat immediately and apologised.
The court heard how she was first approached on the train by an officer and then met again at the platform at Chester station when she got off by a second man.
After hearing how she cried in front of the second officer and begged him not to take any further action, magistrates said they were "united" in branding Merseyrail's policy "draconian."
Chairman of the bench Christine Abrams said: "The bench is united in feeling that while this is contrary to a bye-law, we feel that Merseyrail should have a less draconian method of dealing with matters of this nature. A fixed penalty system may be more appropriate."
Kathleen pleaded guilty to the charge - "wilfully interfering with the comfort or convenience of other rail passengers."
After leaving the court, Kathleen said: "I am relieved. It has been very distressing. I thought that the magistrates were not going to give me an absolute discharge. I thought the worst.
"This has been a very difficult time for me and putting me through this has caused me great distress. I regretted what I did but I would not have minded an on-the-spot fine."
Should a case like this go to court? Have your say.
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Perry Narrington (04/09/2007 at 11:34)
I bet the magistrates don't have to travel amongst the smelly, dirty people who put their feet up where others have to sit.
come-on-city (04/09/2007 at 11:35)
The Catcher, In the Rye (04/09/2007 at 11:36)
sallyg, Lancs (04/09/2007 at 11:48)
Phil Taylor (04/09/2007 at 12:07)
As a regular commuter, I rarely see a seat that isn't sat on. For the last 8 years I've had to stand on most journeys into work squashed into the gap between carriages.
Antisocial behaviour? try and get British Transport Police to deal with the beggars and low life hanging around Bolton station.
Mike, Manchester (04/09/2007 at 12:12)
Womble, Westhoughton (04/09/2007 at 12:18)
The Catcher, In the Rye (04/09/2007 at 12:29)
1_up (04/09/2007 at 12:31)
Trudy, Bolton (04/09/2007 at 12:35)
Liamo, Manchester City Centre (04/09/2007 at 12:47)
Mr Manchester (04/09/2007 at 12:53)
What a waste of time for everyone concerned (the story, not you Catcher, but then again...).
Colin W, Abroad (04/09/2007 at 12:54)
Giles (04/09/2007 at 12:55)
I shall stretcvh out a bit more when I next go on a train then.
Durns, Ashton u Lyne (04/09/2007 at 13:01)
sallyg, Lancs (04/09/2007 at 13:02)
An absolute discharge leaves you with a criminal record, but you are not punished.
What else could they do? She pleaded guilty.
Henry Piggot-Smythe, Prestbury (04/09/2007 at 13:12)
The Right to Reply (04/09/2007 at 13:23)
bromleyspeaking, cumhardy (04/09/2007 at 13:44)
Calamity (04/09/2007 at 14:00)
Octavius Tinsworth Ace (04/09/2007 at 14:06)
Paul Nolan.......Super Leeds, Manchester (04/09/2007 at 14:14)
If this girl would have come from a council estate the court would have thrown the book at her but because she comes from a rich family they let her off with the crime-Their will never be justice in this country whilst yobs like this girl can be above the law....Its one rule for the rich and another for the poor
Womble, Westhoughton (04/09/2007 at 14:14)
Wrong, Womble.
An absolute discharge leaves you with a criminal record, but you are not punished.
What else could they do? She pleaded guilty.
Womble : Yes, I'm sorry, I stand corrected.
Lisa Moore...Wilmslow...Cheshire (04/09/2007 at 14:39)
Happyblue, DEEP INSIDE THE KREMLIN SSHH (04/09/2007 at 14:47)
If the poor could get well paying jobs then they wouldn't be poor.would they.
This girl does not deserve a criminal record full stop,she was asked to take her feet off and complied immediatley,even apoligising.