NETWORK Rail Infrastructure Limited has been fined £6.7 million for health and safety failings which led to a train derailment and the tragic loss of three lives.
The organisation, which owns and operates the UK’s railway infrastructure, pled guilty to a contravention of Sections 3(1) and 33(1)(a) of the Healthy and Safety at Work etc. Act 1974 at the High Court in Aberdeen.
The prosecution follows the derailment of a train at Carmont, near Stonehaven in Aberdeenshire, on 12 August 2020, which resulted in the deaths of three men and injury to six passengers.
The advocate depute told the court that Aberdeenshire, along with much of Scotland, experienced a period of extreme, torrential rainfall in the early hours of 12 August 2020. This resulted in landslips and flooding across the rail network in Scotland.
Gravel and other stony debris washed out of a drain and onto the track near Carmont during the extreme rainfall on the morning of 12 August. The 06:38 hours train from Aberdeen to Glasgow had been prevented from completing its journey south because of a separate landslip on the line south of Carmont. The train was stationary for approximately two-and-a-half hours before being instructed to return north to Stonehaven so passengers could disembark.
On the way back to Stonehaven the train struck the debris washed out of the drain while it had been stationary, derailed, and collided with a bridge parapet which caused the train to veer off the bridge and down the steep embankment below the bridge.
The lives of the train driver, Brett McCullough, conductor Donald Dinnie, and passenger Christopher Stuchbury, were lost because of the derailment. The remaining six people who were on the train at the time were all injured.
A multi-agency emergency response was instigated, and the incident was declared a major incident. The response was described as one of the ‘most complex’ ever experienced by the responding emergency services and other investigating organisations.
A joint investigation by Police Scotland, British Transport Police, and the Office of Rail and Road (ORR), under the direction of Crown Office and the Procurator Fiscal Service, found that Network Rail failed to ensure that its contractor, Carillion plc, constructed the drain in accordance with the approved design.
The investigation also found the company had not inspected the whole drain since its construction, with an inspection of only the lower part of the drain taking place on 13 May 2020. Further to this, it was also found that Network Rail route control staff had not been comprehensively trained to effectively analyse weather forecasts or how to use all available weather data resources.
Whilst the joint investigation was separate to the statutory safety investigation conducted by the rail accident investigation branch, all agencies worked collaboratively where possible.
Following the conclusion of the criminal proceedings the crown office and procurator fiscal service will begin the process for a fatal accident inquiry to examine the full circumstances surrounding these deaths, identify the lessons that can be learned and help to avoid such incidents happening in the future.
Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the COPFS, said, “Network Rail’s failings led to the deaths of Brett McCullough, Donald Dinnie and Christopher Stuchbury and lifelong consequences for those who survived. The tragic loss of these three lives has had a terrible impact on families and friends and our thoughts are with them and those who were injured at this difficult time.
“This prosecution is the culmination of a highly complex and thorough large-scale investigation by Police Scotland, British Transport Police and the Office of Rail and Road (ORR) under the direction of the Procurator Fiscal. There have already been a number of lessons learned and industry wide changes made following this incident and the statutory safety investigation conducted by the Rail Accident Investigation Branch.
“To further serve the public interest a Fatal Accident Inquiry has been instructed to examine the full circumstances surrounding these tragic deaths, putting all relevant information into the public domain and help avoid such an incident happening again in the future.”
Speaking for Network Rail, Alex Hynes, MD of Scotland’s Railway, said, “The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for their families, everyone involved, and for the railway network.
“It is clear that our infrastructure was at fault for the accident, so it is right that Network Rail pleaded guilty.
“To the families of those who lost their lives, we would say again how deeply sorry we are that this tragedy was able to happen. And to those survivors who were injured, we are very sorry for the pain and distress caused.
“Since the accident, we have been working hard to make our railway safer and to learn the lessons of Carmont.
“We are absolutely committed to delivering on the recommendations made by the Rail Accident Investigation Branch in its report into the accident.
“We are also determined to build upon the significant changes that we have made since the accident, which have helped us to manage the risk of severe weather to the network.
“The events of August 12, 2020 and loss of three lives will be etched on the industry’s mind forever, and make us determined to keep improving the safety of our network every day.”
