A fatal accident inquiry has concluded that the Stonehaven derailment, which killed three men in 2020, could have been prevented if a drainage system had been constructed as designed. Sheriff Lesley Johnston found that the drain, built by construction firm Carillion, was not installed in accordance with its design, and that Network Rail failed to ensure proper oversight of the work.
The crash occurred near Carmont, Aberdeenshire, in August 2020 when the 06:38 service to Glasgow hit debris washed from the drain during heavy rain. The train derailed and struck a bridge parapet. Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died. Six other people were injured.
Inquiry findings
In her 199-page determination, Sheriff Johnston said there was a defect in Network Rail’s system of work, specifically its management and oversight of the drain’s construction. She identified several precautions that might realistically have avoided the accident, including building the drain to the design specification, preparing ‘as built’ drawings for Network Rail, and ensuring the company complied with its own standards requiring such drawings.
The inquiry heard that the train had been unable to complete its journey because of the conditions and was returning to Aberdeen when the accident happened. A recording showed the driver asked a signaller whether reduced speed was needed, and was told normal speed was fine. The train was travelling at about 73mph when it struck the debris.
Sheriff Johnston noted that since the crash there has been a significant cultural shift within Network Rail, with greater understanding of weather impacts and rainfall as a hazard. She said the organisation now makes far greater use of aerial surveys by helicopter and drone to inspect the rail system, and that record-keeping throughout construction projects has improved.
Previous investigations and fine
The Rail Accident Investigation Branch (RAIB) published a report in 2022 containing 20 safety recommendations, having also highlighted the incorrectly installed drainage system. Sheriff Johnston did not make any new recommendations, concluding that the RAIB’s recommendations were comprehensive and wide-ranging, and that most have been implemented with the remainder in progress.
In 2023, Network Rail was fined £6.7m after admitting a series of failings, including maintenance and inspection failures and failing to warn the driver that part of the track was unsafe or to reduce speed.
Network Rail Scotland managing director Liam Sumpter said the tragedy was a terrible day for the railway and that thoughts remain with the families and loved ones of those who died. He said significant changes have been made to manage severe weather risk and increase the resilience of Scotland’s railway.
The Crown Office and Procurator Fiscal Service said the inquiry had provided a detailed public examination and that measures had addressed the identified safety issues. The train drivers’ union Aslef described a staggering level of governance and corporate failure and reiterated concerns about the crashworthiness of high-speed trains, calling for their removal, a position backed by the RMT union.
West Aberdeenshire and Kincardine MP Andrew Bowie, who visited the site in 2020, said the sense of loss and grief had been keenly felt in the community, and expressed hope that the families could take some comfort from knowing lessons have been learned.
Sheriff Johnston concluded by expressing sincere condolences to the families and friends of the men who died for their tragic and untimely loss.
