Network Rail has admitted health and safety failings over a train derailment that claimed three lives on a day of “biblical” weather and torrential rainfall.
Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the crash.
The High Court in Aberdeen heard that an investigation into the derailment found that if a drainage channel which overflowed on the day of the crash had been built correctly it would have been able to cope with the washout that led to the incident.
Advocate depute Alex Prentice KC, prosecuting, told the court Network Rail had failed to maintain or inspect a drainage asset built in 2011 prior to the derailment during torrential rain on August 12, 2020.
Mr Prentice said: “Network Rail were unable to provide any evidence of inspection of the drainage asset.”
In a narrative read out to the court, before judge Lord Matthews, Mr Prentice said if the drain had been constructed to the agreed specifications, it would have been able to cope with the amount of washout of gravel which resulted in the train derailing.
The Rail Accident Investigation Branch (RAIB) found there had been no inspection of the drain following its completion and Network Rail failed to ensure it was built to the correct specification by Carillion, which was subcontracted to undertake the work more than a decade ago.
Carillion went into compulsory liquidation in January 2018.
The court heard there had been severe weather resulting in disruption across the rail network in the north east of Scotland on the day of the crash.
Mr Prentice said passengers affected by cancelled trains as a result of torrential rain described it as “biblical”, and both Aberdeenshire Council and Aberdeen City Council had declared a major emergency due to the weather.
He told the court Mr McCullough had asked the Carmont area signaller if there were any speed restrictions in place due to the conditions.
The signaller told him: “Eh no, everything’s fine between myself and Stonehaven.”
The court heard that when Mr McCullough pulled the emergency brake, there was “insufficient time” for it to have any impact on the train’s speed.
Mr Prentice also told the court about the rescue operation to recover those injured in the crash.
Each day, 75 police officers were involved in securing the site, which was closed until early October 2020.
Mr Prentice said: “The response was one of the most complex rescues experienced by the responding agencies.
“Seventy-five police officers were required to secure the locus and remained in place until October 3, 2020.”
Network Rail admitted a charge covering the period from May 1, 2011 to August 12, 2020.
The charge states that in particular, Network Rail failed to ensure, so far as was reasonably practicable, that a drainage asset located off-track of the Dundee to Aberdeen railway line near Stonehaven, constructed by Carillion between May 1, 2011 and December 31, 2012, was “constructed properly” and in accordance with the design drawings.
It admitted it failed to ensure, so far as was reasonably practical, that railway workers not in its employment and members of the public travelling by train were not exposed to the “risk of serious injury and death from train derailment” as a result of failures in the construction, inspection and maintenance of drainage assets and in adverse and extreme weather planning.
Court documents outline how there was a forecast of “extreme rainfall” and reports of severe weather, landslips and flooding in Aberdeenshire and the surrounding area on the day of the crash.
The charge states Network Rail failed to impose an emergency speed restriction and failed to inform the driver that it was unsafe to drive the train at a speed of 75mph or caution him to reduce his speed.
The charge outlines how the drainage asset which had not been properly constructed failed, gravel was washed out from the drainage trench and on to the railway track, which the train struck, causing it to derail, decouple and strike a bridge parapet.
The RAIB report, published last March, made 20 recommendations to improve railway safety, many of which were directed at Network Rail.
Later on Thursday Mr Prentice told the court details of 25 separate incidents that had occurred on the rail network across Scotland as a result of the severe weather on the evening of Tuesday August 11, 2020 and the following morning, including points failures, lightning strikes and severe flooding.
Mr Prentice said there had been “no strategic overview of the situation” on the part of Network Rail, which dealt with each of them as an isolated incident rather than as part of the severe weather event.
He also said the company’s route control staff “did not suitably assess risks” with regards to the weather.
Mr Prentice concluded the Crown’s narrative on Thursday.
The hearing will continue on Friday, when the defence will make its submission.
