TAKING responsibility for track-side fencing along railways has come under scrutiny, in the wake of a cow compensation row.

Network Rail has been urged to conduct an urgent review into track-side fencing after a train struck and killed a cow in the West Highlands last year.

The incident, which took place on July 27 last year, near Plockton on the Inverness to Kyle of Lochalsh line, saw a cow, independently valued at £2450, make its way onto the railway because of poorly maintained fences alongside the track. A row over compensation has ensued since the accident.

After months of correspondence, Network Rail has refused liability – claiming that the cow had wandered off of its field, but the cow's owner, local crofter Iain MacLennan, maintains that the animal had been on common grazing land at Strathie and didn’t do anything wrong.

Iain's uncle, Duncan MacLennan, explained that several complaints had been made to Network Rail over the years, before the incident took place: "Much of the fencing along the line dates back to when the railway was opened, so it's old and done, and much of it has been needing replaced for a while, but Network Rail have never listened to the crofters when they've contacted them about it. There had been incidents previously on the line, and only luck had meant there had been no fatalities before now.

"They also don't seem to grasp the fact that the cattle are on common grazings, so are moving freely – and rightly so – in the area. They've started to replace the fences since my nephew's cow was killed, but they still refuse to pay in compensation, which to me seems ironic.

"They've also now ceased any communication with us, and it's been the same for local MSP. They simply do not respond to our phone calls, letters or emails," he said. "The compensation would be a flee bite for Network Rail but it's a lot of money for Iain – crofting is his sole income. Apart from anything though, it worries me that Network Rail don't even seem to acknowledge the danger their passengers could have been in."

Constituency MSP Kate Forbes has written to Network Rail in support of Mr MacLennan, asking for an offer of compensation as well as calling for the rail organisation to expedite repairs on line-side fencing.

The MSP for Skye, Lochaber and Badenoch said: “If the fences alongside the track are in good order, it should be nigh impossible for cattle to make it onto a railway line.

“It has come to my attention that Network Rail are going to improve and build two miles of fence at this particular area in April. Whilst I very much welcome any improvement and investment on the line, it does seem to indicate that the present standard of fencing is not up to scratch.

“With that in mind, I believe that Network Rail should be making an offer of compensation.”

Ms Forbes added: “I have spoken to the local farmer, who informs me that his cow was valued at almost £2500 by the head auctioneer at the Dingwall mart. That is a considerable sum of money for farmers on the west coast.

“I also understand that a number of other farmers have lost livestock due to a similar issue. Against this backdrop, I believe that Network Rail should conduct a review into whether all of their fences across the Highlands are suitably maintained.

“It’s not fair that farmers are having to take on a David and Goliath fight to try and get compensation from Network Rail for the loss of their animals, through no fault of their own,” she added.