The fatal train derailment near Stonehaven, Aberdeenshire, in August 2020, which claimed three lives, has been formally deemed “avoidable” during closing submissions at the Fatal Accident Inquiry (FAI).
The inquiry, held at Aberdeen Sheriff Court, heard that Network Rail had acknowledged its responsibility for the tragic incident.
On 12 August 2020, the 06:38 passenger service from Aberdeen to Glasgow, returning to Aberdeen due to a reported line blockage, derailed at Carmont after striking debris washed onto the tracks. The incident resulted in the deaths of train driver Brett McCullough, 45; conductor Donald Dinnie, 58; and passenger Christopher Stuchbury, 62. Six other individuals on board sustained injuries.
Crown counsel Alex Prentice KC told the FAI that Network Rail had “acknowledged their failings, in the course of the criminal prosecution and this inquiry.” He underscored that the drainage system at the site, from which the debris originated, was not installed according to its original design. Furthermore, critical health and safety files related to the infrastructure had not been properly retained.
The derailment occurred following exceptionally heavy rainfall, with 51.5mm recorded at the accident site in the hours leading up to the crash. Investigations, including a report by the Rail Accident Investigation Branch (RAIB) published in March 2022, found that the drainage system, constructed by contractor Carillion between 2011 and 2012, deviated significantly from its design.
These deviations included the omission of a soil particle filter and the construction of an unapproved bund that redirected water flow, thereby preventing the system from adequately managing the deluge. Network Rail was reportedly unaware of these critical changes, and the absence of proper handover documentation or ‘as-built’ drawings meant the modified system was not subject to appropriate inspection regimes.
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In September 2023, Network Rail Infrastructure Limited was fined £6.7 million at the High Court in Aberdeen. The fine was imposed after the company pleaded guilty to charges under Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974, acknowledging a series of health and safety failings that contributed to the fatalities.
Representing Network Rail at the FAI, Peter Gray KC stated that the events of 12 August 2020 had “shaken the train operator ‘to its core’.” He noted that Network Rail had since undertaken “extensive steps” following the derailment, which had revealed a number of “shortcomings” within the organisation. The RAIB’s post-incident recommendations covered improvements in managing extreme weather events, civil engineering construction activities, railway control function assurance, train design, and the application of lessons from past incidents.
The FAI, presided over by Sheriff Lesley Johnston, is now hearing closing submissions remotely.
