A rail union has said the £6.7 million fine handed to Network Rail over the fatal Stonehaven derailment is “not justice in the truest sense of the word”.

Kevin Lindsay, Scottish organiser for train drivers’ union Aslef, said the sentence handed to the company after it admitted failings which led to the crash offers “no comfort”.

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died when the train derailed after hitting gravel washout from a failed drainage system near Carmont, Stonehaven, Aberdeenshire, on August 12, 2020.

At the High Court in Aberdeen on Thursday, the company admitted a series of failings that resulted in the deaths, and Judge Lord Matthews handed down the fine on Friday.

Network Rail admitted, among other failings, that it did not inform the driver that it was unsafe to drive the train at a speed of 75mph, or caution him to reduce his speed amid bad weather on the day of the derailment.

Derailed train
Part of the train plunged down an embankment in the crash (PA)

Mr Lindsay said: “Our thoughts today are with Brett, Donald and Christopher and their families and friends.

“This is a tragedy that could and should have been avoided. This litany of failure should never, ever be allowed to happen again.

“The sentence handed out is no comfort to Aslef.

“This is not justice in the truest sense of the word, nor in any way does it ensure those involved are held to account.

“People within organisations need to be held accountable, it is them, not the organisation, that makes decisions.”

Following the sentencing hearing, Detective Superintendent Alex Dowall of Police Scotland said: “Firstly, I’d like to pay tribute to Donald Dinnie, Brett McCullough and Christopher Stuchbury, who tragically lost their lives in the incident in Stonehaven during August 2020.

“The thoughts of everyone at Police Scotland, British Transport Police and the Office of Rail and Road have been with, and remain with, their families and loved ones.

Alex Hynes
Alex Hynes, managing director of Scotland’s Railway, said Network Rail is committed to continually improving the safety of the railway (PA)

“From the outset, this was an extremely challenging and complex investigation and I am grateful to colleagues in Police Scotland, British Transport Police, the Office of Rail and Road, the Crown Office and Procurator Fiscal Service and the RAIB (Rail Accident Investigation Branch) for their diligence and extreme hard work which allowed us to report the circumstances, which has culminated in the conclusion today.”

He told the PA news agency that police will conduct a review in conjunction with other emergency services and any learning identified will be shared internally.

Speaking for Network Rail, Alex Hynes, managing director of Scotland’s Railway, said: “The Carmont derailment and the tragic loss of Christopher Stuchbury, Donald Dinnie and Brett McCullough was a terrible day for their families, everyone involved, and for the railway network.

“It is clear that our infrastructure was at fault for the accident, so it is right that Network Rail pleaded guilty.

“To the families of those who lost their lives, we would say again how deeply sorry we are that this tragedy was able to happen. And to those survivors who were injured, we are very sorry for the pain and distress caused.

“Since the accident, we have been working hard to make our railway safer and to learn the lessons of Carmont.

“We are absolutely committed to delivering on the recommendations made by the Rail Accident Investigation Branch in its report into the accident.

“We are also determined to build upon the significant changes that we have made since the accident, which have helped us to manage the risk of severe weather to the network.

“The events of August 12, 2020 and loss of three lives will be etched on the industry’s mind forever, and make us determined to keep improving the safety of our network every day.”