Marcio Francisco, Goce Nikoloski allegedly block path of oncoming freight train

The driver immediately applied the brakes, and the heavily laden freight train allegedly pulled to a stop only 20 metres from a black Toyota Hilux blocking the path of the train.

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The driver, perplexed why there was a ute by the side of the track many hundreds of metres from any road, asked what the man who waved him down and another man were doing, to which the first man replied, "I'm just an idiot".

The Barrack Heights man, Marcio Rogerio Francisco, 42, allegedly told the train driver to not call police, and along with his companion Goce Nikoloski, 42, was able to arrange to move the car out of the way of the train, avoiding what could have been a fatal outcome.

On Thursday, Wollongong Local Court heard police allegations that the bizarre scene was the result of a hair-brained scheme on the part of Francisco and Nikoloski to steal piping from the railway line.

Police allege that Francisco was driving a black Toyota Hilux with Nikoloski in the passenger seat and the pair drove on to Fire Trail No. 15 off Cordeaux Road between 10 and 11am on June 25 last year.

After leaving the road, the duo drove along the fire trail for about five kilometres, with Nikoloski allegedly cutting three locks along the way, before they began driving along the rail tracks for about two kilometres.

The land they were travelling through is a prohibited area, being part of the Avon Dam catchment, and therefore heavily protected.

Then, hearing the oncoming train, Francisco stops the car, gets out and runs in the direction of the oncoming train, police allege. After altering the driver, Francisco gets back in the car, crosses over and continues along the tracks until the ute begins to slide down the steep gradient before coming to a stop against a tree, enabling the train to pass.

Francisco allegedly told the driver to not call triple-0.

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Once the freight train gets going again, the driver alerts authorities, who are soon able to apprehend the pair, still on the train tracks.

Later, police charged the pair with intentionally or recklessly damaging property and causing obstruction to railway locomotive or rolling stock, which attracts a maximum penalty of two years in prison.

In Francisco's case, police also charged him with intention to commit an indictable offence and driving a vehicle across a railway crossing in contravention of a sign.

The pair were separately prosecuted for trespassing.

In Wollongong Local Court, police prosecutor Sergeant Davis said police allege that Francisco's aim was to steal valuable pipes and other pricey equipment.

"Both defendants placed themselves and others in significant danger, had they not been successful in stopping the train driver the matter could have had a far worse outcome," Sergeant Davis said.

However, lawyers for both men said their clients were innocent of the charges, having not intended to steal anything and having blocked the train by accident.

Caitlin Drabble, representing Francisco, said there was no evidence of any pipes that could have been stolen and no intention on Francisco's part to take the equipment.

"There is no evidence to support that finding."

Magistrate Michael O'Brien committed to reviewing all the evidence and reserved his decision until January, but noted one fact about the case.

"It's a pretty extraordinary set of circumstances."

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