Closing Submissions Conclude in Fatal Train Derailment Inquiry
The closing submissions in the fatal accident inquiry (FAI) concerning the derailment in Aberdeenshire, which resulted in the deaths of three men, have now concluded.
The victims were the train's driver Brett McCullough, conductor Donald Dinnie, and passenger Christopher Stuchbury. The derailment occurred at Carmont, near Stonehaven, on 12 August 2020.
The train derailed after striking debris that had been washed onto the track from a drain following a period of heavy rainfall.
Inquiry Proceedings and Evidence
Evidence for the FAI was presented earlier in the year. Closing submissions were heard on Monday and continued into Tuesday morning. Sheriff Lesley Johnson will issue her determination at a later date.
Network Rail's Legal and Safety Failings
In a 2023 court case, Network Rail was fined £6.7 million for multiple failings related to the crash. The organization admitted to several maintenance and inspection shortcomings prior to the incident, including a failure to warn the train driver about unsafe track conditions or to instruct a reduction in speed.
The accident followed what was described as a once-in-a-century level of rainfall in the area over a short timeframe.
Improvements and Preventative Measures
The FAI heard that since the derailment, the rail network has improved its preparedness for extreme weather risks compared to the time of the accident.
On the first day of closing submissions, it was stated that the derailment was "avoidable."
"Network Rail had 'acknowledged their failings, in the course of the criminal prosecution and this inquiry'.
"Sadly, this was an avoidable tragedy."
These remarks were made by Alex Prentice KC, representing the Crown, who also noted that the drainage system had not been installed according to its design specifications and that health and safety files were not retained.
Prentice proposed several precautions for the sheriff's consideration, suggesting that if these had been implemented, the outcome might have been different.
Network Rail's Response
Peter Gray KC, representing Network Rail, addressed the inquiry, stating that the events of 12 August had profoundly affected the train operator.
"The events of 12 August had shaken the train operator 'to its core'."
Next Steps
The timeframe for Sheriff Lesley Johnson's final determination remains unknown.
