A
Scottish
court
is
to
deal
with
the
prosecution
case
against
Network
Rail
in
connection
with
the
fatal
Carmont
derailment.
Three
people
on
board
a
train
were
killed
three
years
ago
when
it
was
derailed
by
debris
washed
on
to
the
track
near
Stonehaven
on
12
August
2020,
which
was
a
day
of
heavy
storms.
Some
of
the
vehicles
in
the
ScotRail
HST
were
overturned
down
an
embankment
in
the
crash,
which
claimed
the
lives
of
45-year
old
driver
Brett
McCullough,
58-year
old
conductor
Donald
Dinnie
and
62-year
old
passenger
Christopher
Stuchbury.
Fortunately
there
were
few
people
on
board
because
of
the
Covid
pandemic
but
six
other
passengers
received
mainly
minor
injuries.
The
HST
had
been
heading
south
to
Glasgow
but
was
turned
back
at
Carmont
after
other
line
blockages
were
reported,
and
had
been
returning
to
Aberdeen
when
the
accident
happened.
The
charges
have
not
been
specified,
but
will
be
brought
at
Aberdeen
High
Court
on
7
September
by
His
Majesty’s
Advocate
under
section
76
of
the
Criminal
Procedure
(Scotland)
Act
1995,
which
applies
where
notice
has
been
given
that
a
defendant
will
plead
guilty.
Network
Rail
cannot
comment
on
the
forthcoming
hearing,
but
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.
‘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.
‘Since
August
2020,
we
have
been
working
hard
to
make
our
railway
safer.’
The
RAIB
highlighted
gaps
in
Network
Rail’s
procedure
for
maintaining
records
about
changes
to
its
infrastructure,
a
lack
of
guidance
or
additional
support
for
control
room
staff
during
a
very
busy
time,
a
failure
to
recognise
that
existing
measures
did
not
fully
deal
with
the
risk
from
very
heavy
rain,
and
also
the
absence
of
an
effective
strategy
to
deal
with
the
general
threat
to
the
stability
of
earthworks
in
extreme
weather.
The
report
also
noted
that
HSTs,
designed
in
the
late
1970s,
are
not
as
crash-resistant
as
newer
trains,
and
commented
that
it
was
‘more
likely
than
not’
that
the
consequences
of
the
derailment
might
not
have
been
so
bad
if
the
train
had
met
modern
crashworthiness
standards.
The
RAIB
made
20
recommendations,
many
to
Network
Rail.
Others
were
intended
for
the
RSSB,
the
Rail
Delivery
Group
or
rolling
stock
operators.
Kevin
Lindsay,
who
is
ASLEF’s
full-time
organiser
in
Scotland,
said:
‘We
welcome
the
news
that
Network
Rail
is
being
held
to
account
for
its
endemic
and
systemic
failings
which
resulted
in
the
tragic
deaths
of
three
people,
including
train
driver
Brett
McCullough.
But
we
are
still
angry
and
disappointed
at
those
failings.
We
appreciate
that
Network
Rail
has
accepted
responsibility
for
their
failures
and
their
commitment
to
ensuring
a
tragic
incident
like
Carmont
never
happens
again.
‘However,
such
corporate
failure
must
result
in
penalties
for
those
responsible.
Full
justice
should
mean
that
penalties
are
laid
squarely
at
the
door
of
those
individuals
in
senior
management
roles
who
presided
over
the
corporate
failure
that
has
seen
Network
Rail
end
up
in
court
–
and
accepting
culpability
for
their
role
in
this
tragedy.’
