Stonehaven derailment could have been avoided, sheriff concludes

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Train 1T08 derailed at Carmont, near Stonehaven, Aberdeenshire, in August 2020 after hitting debris washed from the drain onto the track by heavy rain. 

Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died. Six other passengers were injured.

Sheriff Lesley Johnson said the drain, built by Carillion in 2011 and 2012, had deviated from its design in “a number of respects,” including issues with piping, materials and the addition of a “bund” that prevented it working as intended. 

She said that Carillion failed to prepare “as built” drawings of the finished drain and provide them to Network Rail, which in turn failed to ensure it was “in receipt” of them.

Network Rail was fined £6.7 million in 2023 after admitting health and safety failings. 

Carillion went into compulsory liquidation in January 2018.

Aslef Scottish organiser Kevin Lindsay said the failings “represent a staggering level of governance and corporate failure that must never happen again.”

“We have consistently said throughout this process that this tragedy should never have happened,” he said. 

“We must learn from both sets of findings to ensure we never experience a tragedy like this again on our rail network.”

He said the inquiry showed Scottish corporate homicide laws “are not fit for purpose and need to be strengthened,” calling on the Scottish government to legislate so individuals in senior management can be held accountable.

Mr Lindsay also criticised the delay, saying: “Publishing their determination over six years after the accident is unacceptable for the families, the rail industry as a whole and the travelling public.”

A RMT spokesperson said that the union supported “every recommendation which helps make the railway a safer place particularly around drainage, earthworks and weather forecasting.”

“We also support the removal of the ancient intercity fleet of rolling stock involved in this crash as it is clearly not up to modern standards,” the spokesperson added.

Network Rail Scotland managing director Liam Sumpter said the tragedy was “a terrible day for our railway” and that significant changes had been made to manage severe weather risk since.

ScotRail chief operating officer David Ross said the safety of customers and staff was its priority and it only operated trains meeting stringent safety requirements.

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