The death of a family when a train smashed into their car on a level crossing will not be investigated at a fatal accident inquiry.
Angus MacKay and his wife Margaret, both 81 from Inverness, died in the accident in Halkirk village in Caithness on September 29, 2009.
Mr MacKay's brother, Donald, 66, from Latheron, Caithness, was a front-seat passenger in the Nissan Almera. He was also killed in the crash at the unmanned crossing, which had warning lights but no barriers.
None of the 18 passengers and four crew on ScotRail's Inverness to Wick train were hurt.
In a letter to Angus and Margaret MacKay's son Donald, the senior procurator fiscal depute in Wick, David Barclay, said Crown Counsel felt Network Rail had taken "responsible actions" in addressing crossing safety.
He also said that Donald MacKay could "bear some responsibility for the collision". However, Mr MacKay said: "I presume they mean my father Angus as he was the one driving."
Mr Barclay wrote: "They note that there have been improvements at the level crossing and that further improvements are to be implemented in the near future."
In 2010, a report by the Rail Accident Investigation Branch (RAIB) found the driver of the car "did not react" to the signals and drove on to the level crossing at the same time as the train arrived. It said Angus MacKay's eyesight could have played a part in the accident.
The report stated: "The most likely cause was that the car driver did not see and react to the flashing road traffic light signals because his eyesight was sub-standard.”
Mr MacKay, 51, from Inverness, said: "I was very disappointed when I got the letter from the procurator fiscal, informing me that the Crown Office had decided not to go ahead with the inquiry. I'm completely gutted. For about a week after I got it I felt like I was walking about spitting feathers. It's really depressing.
"Their standpoint is that my father might have had some part in the collision. I still maintain there was negligence on the part of Network Rail."
A Crown Office spokeswoman said: "The procurator fiscal at Wick received a report in connection with the deaths of Donald Mackay, Margaret Mackay and Angus Mackay at Halkirk on September 29, 2009.
"After full and careful consideration of all of the facts and circumstances, independent Crown Counsel concluded that it was not a case in which it would be appropriate to hold a FAI. The case is now closed."
- Network Rail criticised over Halkirk level crossing deaths
- Three dead after train smashes into car in Caithness
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