Stonehaven crash: Network Rail accused of failing to warn driver

RAIB Crash sceneRAIB
The fatal derailment happened in 2020

Network Rail has been accused of failing to warn a train driver that the track was unsafe before a fatal derailment near Stonehaven in 2020.

Three men died in the crash, which took place following a landslide.

Network Rail is due to face charges under the Health and Safety at Work Act at the High Court on Thursday.

It is accused of not warning the driver that it was unsafe to drive on that section of track and of not telling him to reduce his speed.

It is alleged that as a result of the company's failings, three people were so severely injured that they died.

Driver Brett McCullough, 45; conductor Donald Dinnie, 58; and passenger Christopher Stuchbury, 62, died when the train derailed.

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

The case is scheduled to call at the High Court in Aberdeen under a section 76 indictment. This procedure suggests that a guilty plea may be offered.

Donald Dinnie, Christopher Stuchbury and Brett McCullough
Donald Dinnie, Christopher Stuchbury and Brett McCullough died

Network Rail is accused of failures in the construction, inspection and maintenance of drainage assets between May 2011 and August 2020 on the railway line near Carmont, as well as failures in adverse and extreme weather planning.

It is alleged that as a result, the company failed to ensure, as far as was reasonably practicable, that railway workers and members of the public travelling by train were not exposed to the risk of serious injury and death by train derailment.

Network Rail is also accused of failing to ensure that an off-track drainage system was constructed properly.

It is further alleged that on 12 August, following a forecast of extreme weather, Network Rail failed to impose an emergency speed restriction on the train; to warn the driver that it was unsafe to drive the train on a section of track; or to caution him to reduce his speed.

Network Rail has previously said that safety changes have been made following the accident.