Stonehaven train derailment that killed three could have been avoided if drain built correctly, sheriff finds

Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died when the 06:38 service to Glasgow, returning to Aberdeen, hit debris washed from a drainage system after heavy rain. The train was travelling at about 73mph when it struck the debris, derailed and collided with a bridge parapet near Carmont, Aberdeenshire. Only nine people were on board because of Covid restrictions; six survivors were injured.

Sheriff Lesley Johnston said in her written determination that the drain, built by construction firm Carillion, was not constructed and installed in accordance with its design. She found there were precautions that could have been taken which “might realistically have avoided the accident”. Those precautions could have included building the drain to the design, preparing “as built” drawings and providing them to Network Rail, and Network Rail complying with its own standards requiring it to obtain such drawings.

Johnston said: "On the basis of the evidence, I consider it can safely be concluded there was a defect in a system of work – namely, Network Rail's oversight and management of the construction of the drain and the failure to ensure the drain was constructed properly and in accordance with the design drawings."

She did not make any recommendations, saying the Rail Accident Investigation Branch had already carried out a thorough investigation and made 20 safety recommendations in 2022, most of which have been implemented. She said those recommendations were “comprehensive and wide-ranging” and that the issues identified in both the RAIB's report and in the inquiry “either have been or are being addressed by the rail industry”.

Johnston added that since the accident Network Rail now makes far greater use of aerial surveys, carried out primarily by helicopter but also by drones, to inspect the rail system, and said: “There has been a significant cultural shift within Network Rail since this derailment in its understanding the impact of weather and in particular, viewing rainfall as a hazard to railway operations”.

The inquiry, held in Aberdeen earlier this year, heard that the rail network is now better prepared for extreme weather risks than at the time of the crash. In 2023, Network Rail was fined £6.7m after admitting maintenance and inspection failures and failing to warn the driver that part of the track was unsafe, or to tell him to reduce speed. A recording showed the driver had asked a signaller if reduced speed was needed returning north and was told everything was fine for normal speed.

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." He said the company had made "significant changes to how we manage the risk of severe weather since the accident and to increase the resilience of Scotland's railway".

The train drivers' union Aslef said there had been a "staggering level of governance and corporate failure" and reiterated concerns about the crashworthiness of high-speed trains, calling for their removal from the fleet, a move backed by the RMT union.

Laura Buchan, legal director with 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.

West Aberdeenshire and Kincardine MP Andrew Bowie said: "Above all, I hope they can take some comfort from knowing that lessons have been learned and that their loved ones will not be forgotten."