Network Rail Fined £6.7 Million for Safety Failings Leading to Fatal Stonehaven Crash

Felix Yim 08/09/2023

Network Rail, the UK's rail infrastructure company, has been fined £6.7 million by the high court in Aberdeen after acknowledging its responsibility for health and safety lapses that led to a fatal rail crash in Aberdeenshire in August 2020, resulting in the deaths of three individuals.

The crash near Stonehaven claimed the lives of the train's driver, Brett McCullough, aged 45, the conductor, Donald Dinnie, aged 58, and a passenger, Christopher Stuchbury, aged 62. The fine was reduced from £10 million as the company admitted culpability during the court proceedings.

Network Rail acknowledged a series of failings that ultimately led to the tragic deaths, encompassing a period from May 1, 2011, to August 12, 2020. These failings included neglecting to inform the train driver that it was unsafe to operate the train at a speed of 75 mph and failing to caution him to reduce speed on the day of the derailment. Additional shortcomings were identified in the construction, inspection, and maintenance of drainage assets, as well as in adverse and extreme weather planning.

The derailment occurred when the Aberdeen to Glasgow service derailed at Carmont after encountering a landslide triggered by heavy rainfall. Network Rail pleaded guilty to various maintenance and inspection failures that occurred prior to the crash. The company also admitted that it did not provide adequate warnings to the train driver about the unsafe track conditions or instruct him to decrease speed.

In delivering the judgment, Lord Matthews acknowledged that no monetary penalty could adequately compensate for the loss suffered by the victims' families and the six individuals on board the train who sustained injuries. He noted that Network Rail would have faced a £10 million fine if the case had proceeded to trial.

During the court proceedings, it was revealed that the six injured passengers experienced both physical and psychological trauma as a result of the crash.

Representing Network Rail, defense counsel Peter Gray expressed the company's deepest condolences to the victims' families and emphasized that the tragic incident had profoundly affected the organization. He highlighted Network Rail's swift acknowledgment of its shortcomings, full cooperation with investigations, and comprehensive efforts to prevent a recurrence of such a tragedy.

The guilty plea spared the need for a protracted and distressing trial, allowing all parties involved to focus on addressing the aftermath of the tragic incident.

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