Stonehaven crash: Network Rail to face fatal derailment charges

Network Rail is to face court action after an Aberdeenshire train crash which claimed three lives.

Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died when the train derailed at Carmont on 12 August 2020.

The train hit a landslide after heavy rain.

Network Rail is due to face criminal action at the High Court in Aberdeen on 7 September.

The court roll, which is published by the Scottish Courts and Tribunals Service, states the case will call under a section 76 indictment.

This procedure suggests that a guilty plea may be offered.

Network Rail said: "The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for our railway and our thoughts remain with their families and all those affected by the accident.

"While we cannot comment on the ongoing legal process, the Rail Accident Investigation Branch report into Carmont made clear that there were fundamental lessons to be learnt by Network Rail and we have supported the investigation process.

"Since August 2020, we have been working hard to make our railway safer for our passengers and colleagues."

Six other people were injured when the 06:38 Aberdeen to Glasgow service hit washed-out debris at Carmont, south of Stonehaven.

The train was returning to Aberdeen due to the railway being blocked further down the line.

The Rail Accident Investigation Branch (RAIB) made 20 safety recommendations in the wake of the crash.

They included better management of civil engineering projects, improved response to extreme rainfall, and better understanding of the additional risk associated with older trains.

A drainage system was installed in 2011 and 2012 by now-collapsed contractor Carillion - but it was not in accordance with the design.

Train drivers' union Aslef welcomed news of the prosecution.

And Neil Davidson of Digby Brown Solicitors, which represents some of those impacted, said: "For nearly three years bereaved families and injured survivors have waited patiently for answers so the update of these criminal proceedings is generally positive.

"However, it is what actually transpires from the hearings that is important such as the nature of the charge, the outcome of the prosecution and any other information that sheds light on the mindsight of those in charge at Network Rail.

"It is fair to say that each person and family affected by this tragedy will be looking for different things from this hearing and we will continue to support our clients in their pursuit for justice and recognition."