A fatal train derailment that claimed the lives of three men could have been avoided if a drain had been constructed properly, a sheriff has concluded.
Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died when the train derailed at Carmont, near Stonehaven in Aberdeenshire, in August 2020.
The train struck debris washed from a drain following heavy rain, causing it to derail.
Fatal Accident Inquiry Findings
Following a fatal accident inquiry (FAI), Sheriff Lesley Johnston said the drain was not built and installed in line with its design. She found there were precautions that could have been taken which "might realistically have avoided the accident."
Her determination follows a Rail Accident Investigation Branch (RAIB) report in 2022, which made 20 safety recommendations and also highlighted the incorrectly installed drainage system.
The tragedy occurred after intense rainfall over a short period. The FAI, held in Aberdeen earlier this year, heard that the rail network is now better prepared for extreme weather risks than at the time of the derailment.
In a 2023 court case, Network Rail was fined £6.7m for a series of failings related to the crash. The company admitted maintenance and inspection failures, as well as failing to warn the driver that part of the track was unsafe or to reduce speed.
The 06:38 service to Glasgow had been unable to complete its journey due to the conditions and was returning to Aberdeen when the accident happened. A recording showed the driver asking a signaller if reduced speed was needed, and he was told everything was fine for normal speed.
The train was travelling at about 73mph when it hit debris, derailed, and collided with a bridge parapet. Only nine people were on board due to Covid restrictions; six survived with injuries.
Precautions That Could Have Prevented Tragedy
In her written determination, Sheriff Johnston said precautions could have included:
- The drain being built by construction firm Carillion in accordance with the design
- 'As built' drawings of the new drain being prepared and provided to Network Rail
- Network Rail complying with its own standards requiring such drawings at the end of the drain construction
Sheriff Johnston said: "On the basis of the evidence, I consider it can safely be concluded there was a defect in a system of work - namely, Network Rail's oversight and management of the construction of the drain and the failure to ensure the drain was constructed properly and in accordance with the design drawings."
She added: "It was clear from the evidence that following the accident there is a far greater focus on proper record-keeping throughout a construction project, including the preparation and retention of the health and safety file, and an understanding of why that record-keeping process is so important."
She noted that Network Rail now makes far greater use of aerial surveys by helicopter and drones to inspect the rail system, and said: "There has been a significant cultural shift within Network Rail since this derailment in its understanding the impact of weather and in particular, viewing rainfall as a hazard to railway operations."
Sheriff Johnston made no recommendations in her 199-page determination, concluding that the RAIB had already carried out a thorough investigation with 20 "comprehensive and wide-ranging" recommendations addressing all ways to improve railway safety. Most have been implemented, with the remainder progressing.
She said: "The changes and improvements outlined have satisfied me that the issues identified in both the RAIB's report and in this inquiry either have been or are being addressed by the rail industry. I do not consider there are any other reasonable precautions, improvements or other steps that could be taken which might realistically prevent other deaths in similar circumstances."
The sheriff ended by expressing her "sincere condolences" to the families and friends of the men who died for their "tragic and untimely loss."
Liam Sumpter, Network Rail Scotland managing director, said: "The tragedy at Carmont was a terrible day for our railway and our thoughts remain with the families and loved ones of Brett McCullough, Donald Dinnie, and Christopher Stuchbury, along with all those affected by the derailment. Since August 2020, we have been working hard to make our railway safer for our passengers and colleagues, to deliver on the RAIB recommendations and to fully support the FAI process to reach its conclusion. We have made significant changes to how we manage the risk of severe weather since the accident and to increase the resilience of Scotland's railway."
Laura Buchan, legal director with the Crown Office and Procurator Fiscal Service (COPFS), said: "This inquiry provided a detailed public examination of the circumstances that led to the derailment and the factors that contributed to it. The sheriff found that important changes have been made across the rail industry since the derailment and concluded that these measures have addressed the safety issues identified during the inquiry."
