Network Rail to face charges over Stonehaven derailment

Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, tragically died when the train came off the tracks at Carmont, south of Stonehaven, on 12 August 2020, following a collision with a landslide caused by heavy rain.

The hearing against Network Rail is scheduled for 7 September at the High Court in Aberdeen.

Details from the Scottish Courts and Tribunals Service indicate that the case will proceed under a section 76 indictment, which suggests a guilty plea may be offered.

In the aftermath of the incident, the Rail Accident Investigation Branch (RAIB) put forward 20 safety suggestions. These include better oversight of civil engineering works, enhancing the response to heavy rainfall, and a deeper understanding of the heightened risks linked to older train models.

Network Rail 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.

Neil Davidson of Digby Brown Solicitors, which represents some of those impacted, said: “For nearly three years bereaved families and injured survivors have waited patiently for answers so the update of these criminal proceedings is generally positive.

“However, it is what actually transpires from the hearings that is important such as the nature of the charge, the outcome of the prosecution and any other information that sheds light on the mindsight of those in charge at Network Rail.

“It is fair to say that each person and family affected by this tragedy will be looking for different things from this hearing and we will continue to support our clients in their pursuit for justice and recognition.”