Fatal accident inquiry into Stonehaven derailment could start in January

An inquiry into a train derailment which claimed three lives could begin in January, a hearing has been told.

The fatal accident inquiry into the derailment at Carmont near Stonehaven, Aberdeenshire, in August 2020 is now expected to last around four weeks, rather than eight as previously thought.

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the incident on August 12 that year, and six people were injured.

A criminal prosecution saw Network Rail fined £6.7 million in 2023 after it admitted health and safety failings over the crash, which happened on a day of torrential rain.

At a preliminary hearing held virtually from Aberdeen Sheriff Court on Thursday, Alex Prentice KC, representing the Crown, said preparations for the inquiry are well under way.

He said: “We are able to give and be confident in the assessment of a hearing lasting in the region of four weeks, we don’t see it going beyond that.

“I acknowledge the co-operation of other participants, everyone has been doing what they can to assist the court in this.”

Sheriff Lesley Johnston said it is clear a lot of progress has been made.

She asked lawyers representing the participants to reserve the dates of January 26 to February 13 and February 23 to February 27 next year for the inquiry, with the dates to be confirmed at a future hearing.

The sheriff said work is being carried out in the background to find a location for the inquiry, which is likely to be a mixture of in-person and potentially some virtual hearings.

Sheriff Johnston said: “I am pleased with the progress that has been made and in particular with the significant narrowing of the duration of the inquiry and identification of the dates.

“Those dates must be a reserved at this stage with a view to them being formally fixed hopefully on the next occasion, or shortly thereafter.”

At the High Court in Aberdeen in September 2023, Network Rail admitted a series of failings that resulted in the deaths, pleading guilty to a charge covering the period from May 1, 2011 to August 12, 2020.

This included failing to inform the driver that it was unsafe to drive the train at 75mph, or caution him to reduce his speed amid bad weather on the day of the derailment.

A Rail Accident Investigation Branch (RAIB) report published in March 2022 found errors in the construction of a drainage system installed by Carillion meant it was unable to cope with heavy rain which fell in the area on the morning of the crash.

Carillion went into compulsory liquidation in January 2018.

The RAIB report made 20 recommendations to improve railway safety, many of which were directed at Network Rail.

A further preliminary hearing will take place on September 24 to discuss how the RAIB report will be used during the inquiry.

Network Rail previously said it is determined to build on the “significant changes” it has made since the incident, which have “helped us to manage the risk of severe weather to the network”, and it has invested millions to improve the resilience of the railway.