Fatal accident inquiry into Stonehaven derailment could last 12 weeks

A fatal accident inquiry into the Stonehaven train crash which claimed three lives could last 12 weeks, a hearing has been told.

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the derailment near Stonehaven on August 12 2020.

The Crown Office and Procurator Fiscal Service (COPFS) lodged a first notice with a sheriff in December last year to begin the court process for a fatal accident inquiry (FAI).

An online preliminary hearing was held on Wednesday morning and advocate depute Alex Prentice KC described it as a "large-scale inquiry, both in terms of the numbers of interested parties and the volume of evidence".

He suggested it could last about 12 weeks.

Inquiry could last about 12 weeks

He said the Crown had identified 321 witnesses who had given a total of 429 statements, and 732 pieces of evidence had so far been identified as being of potential relevance.

Mr Prentice also said 39 "potential participants" in the inquiry had been approached, and 19 had "advised court of an intention to participate".

Mr Prentice said it is a "significant FAI dealing with multiple fatalities" on Scotland's transport infrastructure.

He added: "The tragic events of August 12, 2020 remain of serious public concern."

He said it is the Crown's "preference" for the inquiry to take place in person rather than online, adding it could be difficult to find a suitable venue in Aberdeen.

Sheriff Derek Pyle replied this decision should be "guided by the views of the families", who he said will be watching the inquiry and might find it easier to hear and follow proceedings if they are held remotely.

FAI could take place in Autumn

In terms of the timescale of the inquiry, he said given its size and the continued backlog of hearings resulting from the Covid pandemic, there might be a "delay" before hearings can begin.

He continued: "The earliest this might take place will be autumn of this year, but that will no doubt be discussed at the continued hearing."

He fixed the date for a continued preliminary hearing for March 28 at 10am, to be held virtually.

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.

The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.

Network Rail fined for failings

At the High Court in Aberdeen in September 2023, Network Rail admitted a series of failings that resulted in the deaths, pleading guilty to a charge covering the period from May 1, 2011 to August 12, 2020.

This included failing to inform the driver that it was unsafe to drive the train at 75mph, or caution him to reduce his speed amid bad weather on the day of the derailment, which also left six people injured.

Network Rail was fined £6.7 million for its failings.

Network Rail previously said it is determined to build on the "significant changes" it has made since the incident, which have "helped us to manage the risk of severe weather to the network", and it has invested millions to improve the resilience of the railway.

A Network Rail spokesperson said: "The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for our railway.

"Our thoughts remain with their families and all those affected by the accident.

"While we are not able to comment in detail at this time, Network Rail remains fully committed to supporting the fatal accident inquiry."

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