Fatal train derailment inquiry closing submissions conclude

The closing submissions in a fatal accident inquiry (FAI) after three men died in a derailment in Aberdeenshire have concluded.

The train's driver Brett McCullough, conductor Donald Dinnie and passenger Christopher Stuchbury died in the crash at Carmont, near Stonehaven, on 12 August 2020.

The train derailed after hitting debris washed from a drain following heavy rain.

Evidence in the FAI was heard earlier this year, and closing submissions were heard on Monday, and then on Tuesday morning. Sheriff Lesley Johnson's determination will be issued at a later date.

During a court case in 2023, Network Rail was fined £6.7m in court for a series of failings in connection with the crash.

It admitted a number of maintenance and inspection failures before the crash, as well as failing to warn the driver that part of the track was unsafe, or tell him to reduce his speed.

The accident happened after what was described as a once-in-a-century level of rainfall in the area in a short period of time.

The FAI heard that rail network is now better prepared for the risks of extreme weather than when the train derailed.

The first day of closing submissions had heard the train derailment was "avoidable".

Alex Prentice KC, for the Crown, told the fatal accident inquiry (FAI) that Network Rail had "acknowledged their failings, in the course of the criminal prosecution and this inquiry".

He added: "Sadly, this was an avoidable tragedy."

Prentice said the drainage system had not been installed according to its design, and health and safety files had not been retained.

He put forward a number of precautions for the sheriff to consider, and said if they had been acted on then the outcome may have been different.

Peter Gray KC, representing Network Rail, told the inquiry the events of 12 August had shaken the train operator "to its core".

It is not yet known how long it will take for the sheriff's eventual determination to be finished and published.