Network Rail to face criminal charges over Stonehaven train crash …

Network Rail is to face prosecution over a fatal train crash which claimed three lives in Aberdeenshire in 2020[1].

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the crash near Stonehaven on 12 August 2020.

The ScotRail train derailed at 9.37am that morning[2] after hitting a landslide caused by heavy rain. Six other people were also injured in the incident.

The case is due to be heard at the High Court in Aberdeeen on 7 September, according to the Scottish Courts and Tribunals Service (SCTS).

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Details of the charges faced by Network Rail have not been revealed, but the High Court roll published by the SCTS says the case will involve a “section 76 indictment”, which means the organisation has told prosecutors it intends to plead guilty.

The prosecution comes after the Crown Office and Procurator Fiscal Service (COPFS) considered reports from a joint investigation by Police Scotland, British Transport Police and the Office of Rail and Road – the independent safety and economic regulator for the country’s railways.

A Network Rail spokesman said: “The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for our railway and our thoughts remain with their families and all those affected by the accident.

“While we cannot comment on the ongoing legal process, the Rail Accident Investigation Branch report into Carmont made clear that there were fundamental lessons to be learnt by Network Rail and we have supported the investigation process.

“Since August 2020, we have been working hard to make our railway safer for our passengers and colleagues.”

The Rail Accident Investigation Branch (RAIB) made 20 safety recommendations[3] in the wake of the crash.

They included better management of civil engineering projects, improved response to extreme rainfall, and better understanding of the additional risk associated with older trains.

The Network Rail spokesman added: “We are committed to delivering on the recommendations made by RAIB and have also made other significant changes to how we manage the risk of severe weather to our network.

“Immediately after the accident, we inspected all similar locations across Britain and we also conducted a full survey of all types of trackside drainage on Scotland’s railway.

“We have invested millions towards improving the resilience of our railway and are rolling out new technology to help us better respond to extreme weather events.

“We have also changed how we manage the running of train services during periods when severe weather warnings are in place and have introduced a new team of weather experts to our control room to provide around-the-clock, real-time analysis on how the weather may affect Scotland’s railway.

“From our day-to-day operations to our future planning, we are working hard to make our railway as safe and reliable as possible.”

References

  1. ^ fatal train crash which claimed three lives in Aberdeenshire in 2020 (inews.co.uk)
  2. ^ ScotRail train derailed at 9.37am that morning (inews.co.uk)
  3. ^ Rail Accident Investigation Branch (RAIB) made 20 safety recommendations (www.gov.uk)