A train derailment which caused the deaths of three people could have been avoided if a drain had been built correctly, a sheriff has found.
Train 1T08 derailed at Carmont near Stonehaven, Kincardineshire, after hitting debris that was washed from the drain onto the track by heavy rain.
Of the nine people who were aboard the train, three – driver Brett McCullough, 45; conductor Donald Dinnie, 58; and passenger Christopher Stuchbury, 62 – were killed.
A fatal accident inquiry (FAI) into the incident heard all three had suffered 'unsurvivable' blunt force injuries.
The other six passengers were injured during the incident on August 12, 2020.
The FAI was heard earlier this year before Sheriff Lesley Johnson, who has now issued her determination. In it, she said the derailment could have been avoided if construction firm Carillion had built the drain in accordance with the design it had been given.
Brett McCullough, Christopher Stuchbury and Donald Dinnie all died in the crash
The wreckage of Train 1T08 at Carmont
She said the drain, which was built in two phases in 2011 and 2012, had deviated from the design in 'a number of respects'. This included issues with piping and the materials used, and the addition of a 'bund', or ridge, which prevented the drain from working as intended.
The sheriff also said Network Rail had 'failed to ensure' the drain was constructed properly and in line with the drawings.
She said Carillion failed to prepare 'as built' drawings of the finished drain and provide them to Network Rail who had failed to ensure it was 'in receipt' of these.
A criminal prosecution led to Network Rail being fined £6.7million in 2023 after it admitted health and safety failings.
Carillion went into compulsory liquidation in January 2018.
The determination read: 'The drain was not constructed/installed in accordance with the design. As a result, the drain was unable to accommodate the flow of surface water during the intense rainfall in the area on August 12, 2020.'
Train 1T08 had departed from Aberdeen at 6.38am en route to Glasgow, and made it just past the crash site before being halted for more than two hours because of a landslip further down on the line. At about 9.28am the train was authorised to return to Stonehaven, and struck the 'washout' from the drain at about 9.37am.
The crash was caused by errors in the construction of a drainage system
The determination said: 'When the train collided with the washout, it was travelling at around 73mph, just below the normal speed for the line concerned as instructed by the signaller and in accordance with the railway rulebook.
'The collision caused the train to derail and deviate to the left, before striking the parapet of bridge 325 (over Carron water), causing the train vehicles to scatter.'
The sheriff concluded her 199-page determination by paying tribute to those directly affected by the crash, saying 'I am mindful of the six individuals who survived the derailment, and whose statements formed a crucially important part of the evidence to this inquiry.'
She added: 'Finally, I wish to join all the participants in this inquiry in expressing my sincere condolences to the families and friends of Christopher Stuchbury, Donald Dinnie and Brett McCullough for the tragic and untimely loss of their loved ones.'
Sheriff Johnson did not make any recommendations, saying the Rail Accident Investigation Branch previously made 20 recommendations to the railway industry following its 'detailed and thorough investigation'.
She noted that the 'vast majority' of these have already been implemented, and that the remaining ones are being 'actively progressed'.
West Aberdeenshire and Kincardine MP Andrew Bowie said: 'The disaster has been one of the most interrogated accidents in modern history.
The aftermath of the deadly crash
'Brett McCullough, Donald Dinnie and Christopher Stuchbury should have returned home to their loved ones that evening. Their families were owed tangible change and the guarantee this would never happen again.'
Kevin Lindsay, Scottish organiser of train drivers' union Aslef, said: 'The failings of Network Rail and their contractor Carillion, identified by the RAIB report and supported by the FAI determination, represent a staggering level of governance and corporate failure that must never happen again.'
Eddie Dempsey, general secretary of Rail, Maritime and Transport Workers, said the union 'supported every recommendation which helps make the railway a safer place, particularly around drainage, earthworks and weather forecasting'.
Liam Sumpter, Network Rail Scotland managing director, said: 'The tragedy at Carmont was a terrible day for our railway and our thoughts remain with the families and loved ones of Brett McCullough, Donald Dinnie, and Christopher Stuchbury, along with all those affected by the derailment.'
David Ross, ScotRail chief operating officer, said: 'The safety of our customers and staff is our priority, and we only operate trains that meet the stringent safety requirements expected of our fleet.'
Laura Buchan, legal director with the Crown Office, said: 'The sheriff found that important changes have been made across the rail industry since the derailment and concluded that these measures have addressed the safety issues identified during the inquiry.'
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