Abeerden - Network Rail has been fined £6.7 million following its admission of health and safety failures related to a rail crash that resulted in the tragic deaths of three individuals. The incident occurred near Stonehaven, Aberdeenshire, on August 12, 2020, claiming the lives of train driver Brett McCullough, conductor Donald Dinnie, and passenger Christopher Stuchbury, while also injuring six others.
During proceedings at the High Court in Aberdeen, Network Rail pleaded guilty to a series of failings covering the period from May 1, 2011, to August 12, 2020. These failings included neglecting to inform the train driver of the unsafe conditions for driving the train at 75mph or advising him to reduce speed in adverse weather on the day of the derailment.
Sentencing took place on the following day, where Judge Lord Matthews acknowledged the lasting impact of the tragedy and noted that no penalty could fully compensate those affected. He imposed a fine, taking into account factors such as culpability and Network Rail's role as a publicly-funded entity. The fine was reduced due to the early guilty plea and Network Rail's actions following the crash.
Network Rail admitted shortcomings in the construction, inspection, and maintenance of drainage assets, as well as in adverse and extreme weather planning. They acknowledged failing to ensure the safety of railway workers and the public from the risk of injury or death due to train derailments resulting from these failures.
Network Rail expressed profound sympathies to the families of the victims and regret for the injured, emphasizing the immediate acknowledgment of their shortcomings, full cooperation in investigations, and comprehensive efforts to prevent a recurrence.
Prosecution highlighted Network Rail's failure to maintain or inspect a drainage asset constructed in 2011, which, if built to specifications, could have prevented the train derailment caused by heavy rain. The court also learned that the train driver had inquired about speed restrictions due to conditions but was given assurance by the area signaller that everything was fine.
A Rail Accident Investigation Branch (RAIB) report, published the previous March, had identified errors in the drainage system's construction, which was installed by Carillion, a company that had gone into compulsory liquidation in January 2018. Network Rail argued that the drainage project was considered straightforward, eliminating the perceived need for a handover meeting with Carillion.
The RAIB report had included 20 recommendations to enhance railway safety, many of which were directed at Network Rail. The company affirmed its commitment to building upon significant changes made since the incident, including improvements in weather resilience and safety measures.