A sheriff has found that a train derailment that killed three people in 2020 could have been avoided if a drain had been built correctly. The fatal accident inquiry (FAI) into the crash near Stonehaven, Aberdeenshire, concluded that construction firm Carillion did not build the drain in line with its design.
Fatalities and Injuries
Train 1T08 derailed at Carmont near Stonehaven on August 12 after hitting debris washed from the drain onto the track by heavy rain. Of the nine people aboard, train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, were killed. The other six passengers were injured.
The FAI, heard earlier this year before Sheriff Lesley Johnson, found that all three victims suffered multiple "unsurvivable" blunt force injuries. The sheriff issued her determination on Wednesday.
Drain Construction Failings
Sheriff Johnson said the derailment could have been avoided if Carillion had built the drain in accordance with the design it had been given. The drain, built in two phases in 2011 and 2012, deviated from the design in "a number of respects," including issues with piping, materials, and the addition of a "bund" or ridge that prevented it from working as intended.
The sheriff also said Network Rail had "failed to ensure" the drain was constructed properly and in line with the drawings. Carillion failed to prepare "as built" drawings of the finished drain and provide them to Network Rail, which failed to ensure it was "in receipt" of these.
Sequence of the Crash
The determination stated: "The drain was not constructed/installed in accordance with the design. As a result, the drain was unable to accommodate the flow of surface water during the intense rainfall in the area on August 12 2020."
Train 1T08 departed Aberdeen at 6.38am en route to Glasgow and passed the crash site before being halted for more than two hours due to a landslip further down the line. At about 9.28am, the train was authorised to return to Stonehaven and struck the "washout" from the drain at about 9.37am.
The determination explained: "When the train collided with the washout, it was travelling at around 73mph, just below the normal speed for the line concerned as instructed by the signaller and in accordance with the railway rulebook. The collision caused the train to derail and deviate to the left, before striking the parapet of bridge 325 (over Carron water), causing the train vehicles to scatter."
Aftermath and Response
A criminal prosecution resulted in Network Rail being fined £6.7 million in 2023 after it admitted health and safety failings over the crash. Carillion went into compulsory liquidation in January 2018.
Liam Sumpter, Network Rail Scotland managing director, said: "The tragedy at Carmont was a terrible day for our railway and our thoughts remain with the families and loved ones of Brett McCullough, Donald Dinnie, and Christopher Stuchbury, along with all those affected by the derailment. Since August 2020, we have been working hard to make our railway safer for our passengers and colleagues, to deliver on the RAIB recommendations and to fully support the FAI process to reach its conclusion."
David Ross, ScotRail chief operating officer, said: "Nobody at ScotRail will ever forget the accident at Carmont, and the tragic loss of Brett McCullough, Donald Dinnie, and Christopher Stuchbury. The families and loved ones of all those who have been affected continue to be in our thoughts and prayers."
Laura Buchan, legal director with the Crown Office, said: "Our thoughts remain with the families, friends and colleagues of Christopher Stuchbury, Donald Dinnie and Brett McCullough and everyone affected by this tragedy. This inquiry provided a detailed public examination of the circumstances that led to the derailment and the factors that contributed to it."
Kevin Lindsay, Aslef Scottish organiser, said: "Our main thoughts today are with the families of Christopher Stuchbury, Donald Dinnie and train driver Brett McCullough who all died following the derailment of the 06:38 Aberdeen to Glasgow service on the line between Dundee and Aberdeen near Carmont, Aberdeenshire on August 12 2020. The failings of Network Rail and their contractor Carillion, identified by the RAIB report and supported by the FAI determination, represent a staggering level of governance and corporate failure that must never happen again."
West Aberdeenshire and Kincardine MP Andrew Bowie said more than six years on "the tragedy of Carmont is still very much in our thoughts." He added: "While the sheriff's conclusions and the actions taken since the disaster can't undo the heartbreak, I hope there is some measure of closure for the families."
The sheriff did not make any recommendations, noting that the Rail Accident Investigation Branch (RAIB) previously made 20 recommendations to the railway industry. She noted that the "vast majority" of these have already been implemented, with the remaining ones being "actively progressed."
