By Karim Hammam
A fatal train derailment near Stonehaven in August 2020 could have been prevented if a drainage system had been built to its design specifications, a sheriff has concluded following a fatal accident inquiry.
Fatal accident inquiry findings
Sheriff Lesley Johnston determined the drain was not constructed or installed in accordance with its design, and that precautions could realistically have avoided the accident. The crash killed driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62.
Cause and previous penalties
The train struck debris washed from the drain after heavy rain. In 2023, Network Rail was fined £6.7 million for maintenance and inspection failures, including failing to warn the driver that part of the track was unsafe or to reduce speed.
Sheriff's determination
Johnston said Network Rail's oversight of the drain construction was defective. She noted improved record-keeping and greater use of aerial surveys since the accident. She made no new recommendations, citing the Rail Accident Investigation Branch's 20 recommendations as comprehensive and mostly implemented.
Responses
Network Rail Scotland managing director Liam Sumpter said significant changes have been made to manage severe weather risks. Crown Office legal director Laura Buchan said the inquiry provided a detailed public examination and confirmed safety issues have been addressed.
