Alton Towers operator Merlin fined £5 million over Smiler crash

The fine was issued by Judge Michael Chambers QC on the second day of a sentence hearing at Stafford Crown Court.

MORE: Watch reaction from the victims here

Two teenagers - Vicky Balch, then 19, and Leah Washington, then 17 - each lost a leg in the collision in June last year which "changed the lives of some of those injured in the most dramatic way", according to a judge.

The horror crash also left three others seriously injured, including Wednesbury mother Chanda Chauhan.

Judge Michael Chambers QC said it had been a 'needless and avoidable' accident.

Stafford Crown Court heard that the victims had watched with "disbelief and horror" before ploughing into an empty carriage on the track, with the impact likened by the prosecution to a 90mph car crash.

The company was fined after the court heard that an engineer "felt pressure" to get Smiler back into service after it developed a fault shortly before the devastating crash.

An expert witness report, compiled by consultant Stephen Flanagan, also said Alton Towers management linked bonuses to "acceptably low levels of downtime" on their rollercoasters.

Judge Chambers QC called the accident a "catastrophic failure" by the company involving basic health and safety measures.

He said the "obvious shambles of what occurred" could have been "easily avoided" by a suitable written system to deal with ride faults and a proper risk assessment.

The judge added: "This was a needless and avoidable accident in which those injured were fortunate not to have been killed or bled to death."

WATCH: New footage shows exact moment of Alton Towers Smiler crash

He said the injured "endured great pain and distress" while waiting for medical help, with the first 999 call not made until 17 minutes after the crash. It took up to five hours for them to be freed from the wreckage.

He added: "Those in the front row bore the brunt of the collision and had their legs crushed in the tangled steel."

He said that all 16 people aboard the carriage had been "injured to various degrees", adding that the company's safety failure had been "putting at risk the safety of thousands of young people and children".

Of those affected, he said the most moving accounts had been from the families of those hurt, some of whom had to give up careers and move home in order to care for their loved ones.

The judge said the relatives and the injured had shown "great courage and fortitude" in the aftermath.

Beginning sentencing, he said: "Human error was not the cause as was suggested by the defendant in an early press release.

"The defendant now accepts the prosecution case that the underlying fault was an absence of a structured and considered system not that of individuals' efforts, doing their best within a flawed system.

"Members of the public have been exposed to serious risk of one train colliding with another with a computer control system was reset, having been overridden to address a fault."

Miss Balch, Miss Washington, fellow front-row passengers Joe Pugh and Daniel Thorpe, and Chandaben Chauhan, who was sitting in the second row, were all seriously injured when their fully-laden 16-seater carriage was crushed against the other car.

• May 2013 - The Smiler rollercoaster opens at the theme park in Staffordshire and is billed as the world's first 14-loop rollercoaster.

• June 2 2015, 1.51pm - A carriage carrying 16 riders collides with a stationary one on the ride.

• June 2 2015, 2.08pm - The first 999 call is made following the incident, with West Midlands Ambulance Service reporting that, of the 16 riders on board, four were said to have serious injuries. Other emergency services arrive on the scene within the hour.

• June 2 2015 - Chief executive of Merlin Entertainments Nick Varney issues a statement saying: "This has been a terrible incident and a devastating day for everyone here." He added the park would remain closed until the cause of the accident was better understood.

• June 8 2015 - The resort reopens but its X-Sector - which houses The Smiler - remains closed to allow the Health and Safety Executive access to the ride for investigations. Two rides at other Merlin Entertainments parks, Thorpe Park, and Chessington World of Adventures, both in Surrey, were closed until new safety protocols were implemented.

• June 8 2015 - It is revealed that one of the victims - Leah Washington, then aged 17 - had to have her left leg amputated above the knee. Vicky Balch, then 19, also loses a leg in the crash, with several others injured.

• September 11 2015: Victims of the crash praise the efforts of their rescuers at an awards ceremony. Ms Washington said: "The crews have been amazing, they were really caring at the time and also visited me in hospital afterwards which was lovely of them," while Daniel Thorpe said: "They were extremely professional throughout the rescue and even their presence was a huge comfort during a traumatic time."

• September 17 2015 - Alton Towers owner Merlin Entertainments reveals the financial impact of the Smiler incident. Like-for-like revenues tumble by 11.4% across its theme park division over the first nine months of its financial year after seeing "significantly" lower numbers of visitors to Alton Towers, while other UK attractions, such as Thorpe Park, were also hit.

• November 24 2015 - Merlin Entertainments says the crash was caused by "human error" and there were "no technical or mechanical problems with the ride itself".

• February 25 2016 - The Health and Safety Executive (HSE) announces the operator of Alton Towers is to be prosecuted under the Health and Safety at Work Act over the Smiler incident. Neil Clark, of the HSE, said: "This was a serious incident with life-changing consequences for five people. We have conducted a very thorough investigation and consider that there is sufficient evidence and that it is in the public interest to bring a prosecution."

• February 29 - Alton Towers confirms the Smiler is to reopen when the park opens for its summer season on March 19.

• April 22 - Merlin Attractions Operations Ltd indicates a plea of guilty to a charge of breaching the Health and Safety at Work Act over the Smiler rollercoaster crash at the North Staffordshire Justice Centre in Newcastle-under-Lyme. District Judge Jack McGarva warns that the company "may be ordered to pay a very large fine".

• September 26 - At a sentencing hearing at Stafford Crown Court, it emerges that an engineer at the park "felt pressure" to get Smiler back into service after it developed a fault shortly before the devastating crash. An expert witness report, compiled by consultant Stephen Flanagan, also said Alton Towers management linked bonuses to "acceptably low levels of downtime" on its rollercoasters.

• September 27 - The company is fined £5 million for what Judge Michael Chambers QC tells the court was a "catastrophic failure" of its health and safety procedures.

Prosecutor Bernard Thorogood told the court on Monday that the passengers on the £18 million rollercoaster watched with "disbelief and horror" as they realised they were going to collide with an empty carriage in the bottom of the Cobra Loop section.

Lawyers for Merlin said that the company had seen a £14 million drop in revenue as a result of the crash, and had "got the message", making 30 changes to safety measures, equipment, and training.

The firm's barrister Simon Antrobus said although there had been human errors which led to the incident, Merlin accepted it was at fault.

Asked by the judge if anyone had resigned over the failings which led up to the horror crash, Mr Antrobus replied: "No".

In a statement read outside court, Merlin Entertainments chief executive Nick Varney said the company had "let people down with devastating consequences".

Mr Varney said: "From the beginning the company has accepted full responsibility for the terrible accident at Alton Towers and has made sincere and heartfelt apologies to those who were injured.

"I repeat those sentiments here today as we did in court yesterday.

"In accepting responsibility and liability very early on we have tried to make the healing and compensation process as trouble free as possible for all of those involved.

"We have strived to fulfil our promise to support them in every way and I promise that this support will continue as long as they need it.

"We were always aware that we would end up here today facing a substantial penalty, as has been delivered by the court today.

"However, Alton Towers - and indeed the wider Merlin Group - are not emotionless corporate entities.

"They are made up of human beings who care passionately about what they do.

"In this context, the far greater punishment for all of us is knowing that on this occasion we let people down with devastating consequences.

"It is something we will never forget and it is something we are utterly determined will never be repeated."