Stonehaven derailment fatal accident inquiry could last nine weeks, court told

An inquiry into a train derailment which claimed three lives could last up to nine weeks, a hearing has been told.

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

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 rainfall.

At a preliminary hearing held virtually from Aberdeen Sheriff Court on Wednesday, Alex Prentice KC, representing the Crown, said it would be a “large and complex” fatal accident inquiry (FAI).

During a previous preliminary hearing in January, the lawyer suggested the FAI could last around 12 weeks but on Wednesday he said it could take less time.

He said: “It is very difficult to at this stage identify the duration of the hearing, but we think about eight to nine weeks.”

Mr Prentice said that at a previous hearing, Sheriff Principal Derek Pyle made it clear the views of bereaved relatives and the passengers were important when deciding how the FAI should be held, be it virtually or in person.

He said there appears to be no strong united view on the matter.

The lawyer told the hearing: “I suggest it might be better that further thought is given to that so that a final decision can be made at the next hearing.

“From the Crown’s point of view I think a hybrid model might be the best, with some evidence taken remotely and some evidence taken in person and statements and other matters would be referred to.”

Participants in the inquiry include the RMT and Aslef unions, ScotRail, the Office of Rail and Road, the Rail Accident Investigation Branch (RAIB), Network Rail Infrastructure, British Transport Police and the Scottish Fire and Rescue Service.

The inquiry heard on Wednesday that the Scottish Ambulance Service will also participate.

A date for the FAI has not yet been fixed, however Sheriff Lesley Johnston on Wednesday asked participants to provide dates of their availability for the inquiry over the next 18 months to help with planning.

A further preliminary hearing will take place on June 23.

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.

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, which also left six people injured.

An 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.

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.

A Network Rail spokesperson said: “The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for our railway.

“Our thoughts remain with their families and all those affected by the accident.

“While we are not able to comment in detail at this time, Network Rail remains fully committed to supporting the fatal accident inquiry.”

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