 It found that the judgement of the driver, 55-year-old John Corcoran, was markedly impaired as he had been drunk, and thus charged him with serious dereliction of duty.He was tried in the Dunedin Supreme Court with manslaughter, found guilty, and sentenced to three years' jail.The train's guard was reprimanded for not taking action when he became aware of the train's excessive speed, but he was not criminally prosecuted.