A fatal accident inquiry into a train derailment 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, Aberdeenshire, on August 12, 2020.
Network Rail was fined £6.7 million in 2023 following a criminal prosecution during which it admitted health and safety failings over the crash, which happened on a day of torrential rainfall.
In December last year, the Crown Office and Procurator Fiscal Service (COPFS) lodged a first notice with a sheriff court to begin the court process for a fatal accident inquiry (FAI).
At a virtual preliminary hearing at Aberdeen Sheriff Court on Wednesday, 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.
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”.
He added the families of those affected by the derailment would watch the proceedings but would not be participating in them.
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.
The sheriff also made reference to a report from the Rail Accident Investigation Branch (RAIB) into the incident, which was published in March 2022.
It found errors in the construction of a drainage system meant it was unable to cope with heavy rain which fell in the area on the morning of the crash.
The report also contained 20 recommendations to improve railway safety, many of which were directed at Network Rail.
Sheriff Pyle said it will be important to establish whether there is “any real dispute” with the report’s findings by any of the parties, and if so the reasons why.
He added this may be “the most important thing to arise in the course of the inquiry”.
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, and asked that parties raise any issues with the findings of the RAIB report no later than seven days in advance.
He said: “My hope is that by that time parties will be clear about what the issues are and how long the inquiry is going to take.”
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.
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 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.”
