Network Rail will reportedly be prosecuted for its failings over the Stonehaven railway crash in which three people were killed.
The infrastructure body is said to be due to face charges over health and safety shortcomings that led to the train derailment disaster in August 2020.
However, it is believed no corporate homicide charges will be brought.
An industry source told the Scotsman: “Network Rail has been told it will be prosecuted”.
Another said: “The Crown Office is quite far along in building a case, although no papers have yet been served.”
The Crown Office has not yet confirmed the reports but said the investigation was completed and is now being considered by its officials.
Driver Brett McCullough, conductor Donald Dinnie and passenger Christopher Stuchbury died when the 06:38 Aberdeen to Glasgow Queen Street train struck gravel on the track at Carmont, south of Stonehaven, and derailed shortly after 9.30am.
Six other people were injured in the incident which drew a massive emergency response.
What went wrong in the Stonehaven rail crash?
In March, an investigation by the UK Department for Transport’s Rail Accident Investigation Branch (RAIB) concluded there had been a number of failings.
The 296-page document highlighted seven issues.
- Failing 1: A drain at the crash site was not built to design so couldn’t handle heavy rain.
- Failing 2: Network Rail was unaware the drain was built to a different design.
- Failing 3: Network Rail did not put the drain in its database so didn’t inspect or maintain part of it.
- Failing 4: A landowner told Network Rail and Carillion about surface water at the site – but nobody followed up.
- Failing 5: Network Rail installed a weather program – but didn’t properly configure or properly train staff how to use it.
- Failing 6: The team that routed trains was under severe pressure on the day of the crash but had no extra staff.
- Failing 7: Route control staff did not restrict the speed of the train that crashed despite being aware of the four obstructions within 11 miles.
None of the staff at the scene, including driver Mr McCullough, were found to be responsible in any way.
Carillion went into compulsory liquidation in January 2018
At the time of the report, Network Rail chief executive Andrew Haines said: “This report makes clear that there are fundamental lessons to be learnt by Network Rail and the wider industry.
“As well as expressing our deep sorrow and regret at the loss of the lives of Christopher Stuchbury, Donald Dinnie and Brett McCullough, it’s important that we acknowledge it should not have taken this tragic accident to highlight those lessons.
“We must do better and we are utterly committed to that.”
Meanwhile, it was announced yesterday that “no further proceedings” were to be taken against a man after a runaway car injured firefighters at the crash site.
Rail worker Neil Bonar’s car was alleged to have injured four firefighters when he left the handbrake off his vehicle.
Joint report submitted to Procurator Fiscal
A spokesperson for the Crown Office & Procurator Fiscal Service said: “The joint investigation into the deaths Police Scotland, British Transport Police and the Office of Rail and Road is now complete and under consideration by the Crown Office and Procurator Fiscal Service.
“The families will continue to be kept updated in relation to any significant developments.”
Police detective superintendent Alex Dowall said: “Our thoughts remain with the families and friends of those who died and were injured following the Stonehaven train derailment in August 2020.
“Following a complex investigation into the circumstances of this tragedy by Police Scotland, British Transport Police and the Office of Rail and Road, a Police Scotland /BTP report has been submitted to the Procurator Fiscal.”
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