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Railwayman jailed for kicking smoking mate

PUBLISHED: 17:18 03 March 2010 | UPDATED: 11:19 12 August 2010

A RAIL engineer who kicked a colleague for smoking on the platform causing him to fall inches away from a life track has been jailed.

A RAIL engineer who kicked a colleague for smoking on the platform causing him to fall inches away from a life track has been jailed.

Daniel Newman, 27, from Ashford, admitting causing actual bodily harm and was

sentenced to three months in prison on Monday at Croydon Crown Court.

The court heard that he attacked his workmate Jason Stratton, 28, after he lit a

cigarette as they both worked on platform two at Elmstead Woods station on June 24.

When Newman protested telling him it was illegal to smoke at work a row ensued and he kicked him in the shin shouting: "You're not listening to me, you're breaking the law."

Mr Stratton then fell backwards onto the track below, narrowly missing the live third rail.

Defending Mr Newman, who has previous convictions but none for violence, Lucy Organ said: "He did not intend that Mr Stratton fell on the railway track, although he accepts that he was reckless in moving towards Mr Stratton. He threw punches at him which did not connect."

Judge Ruth Downing said: "Mr. Stratton came within an inch of the most serious possible injury. If it had been a deliberate pushing, the charge would have been attempted murder.

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