Fatal train derailment was 'avoidable', inquiry told

A fatal train derailment in Aberdeenshire was "avoidable", an inquiry has heard.

The train's driver Brett McCullough, conductor Donald Dinnie and passenger Christopher Stuchbury died in the crash at Carmont, near Stonehaven, on 12 August 2020.

The train derailed after hitting debris washed from a drain following heavy rain.

Alex Prentice KC, for the Crown, told the fatal accident inquiry (FAI) that Network Rail had "acknowledged their failings, in the course of the criminal prosecution and this inquiry". He added: "Sadly, this was an avoidable tragedy."

During closing submissions, Prentice said the drainage system had not been installed according to its design, and health and safety files had not been retained.

He put forward a number of precautions for Sheriff Lesley Johnston to consider, and said if they had been acted on then the outcome may have been different.

In 2023 Network Rail was fined £6.7m after admitting a series of failings which led to the deaths.

Peter Gray KC, representing Network Rail, told the inquiry the events of 12 August had shaken the train operator "to its core".

The FAI at Aberdeen Sheriff Court heard Network Rail had taken "extensive steps" following the derailment, which had revealed a number of "shortcomings" on its part.

Evidence in the inquiry was heard earlier this year.

Closing submissions are now taking place remotely.