When victims of the Stonehaven rail crash learned Network Rail was to be charged, their reaction was: “Okay, but we want our day in court.”
And today, after three long years of trauma, their day of justice finally arrived.
Three people died that day in August 2020, leaving partners without soulmates, children without dads.
In an instant, families were ripped apart and lives changed forever.
In the large, high-ceiled Court 1 at the High Court in Aberdeen today, the time came for them to finally tell their stories – and see Network Rail banged to rights.
At times, the evidence read to the judge, Lord Matthews, was hard to hear.
Indeed, before describing the injuries people suffered and the heroic emergency response to an unprecedented crash scene, prosecutor Alex Prentice KC invited anyone who might find the accounts distressing to consider going outside.
What the gathered 50 or so people sat in the public gallery heard were stories of ordinary people making ordinary journeys – then hit by a sudden, horrific tragedy, which we now know was avoidable.
Nicola Whyte, 32, worked as a train conductor and was onboard the train because she needed to get to another station to work on another train.
She was seated in coach A and suffered injuries to an ankle and a shoulder.
Because the crash scene was remote and the phone signal was poor, Ms Whyte ran along the line to a line-side emergency phone and used it to call for help, despite her injuries.
In a statement that was read to the court, Ms Whyte said: “My life has completely changed and I have suffered three years of nightmares.”
She had to give up her job and her hopes of becoming a train driver were dashed.
Ms Whyte has suffered from PTSD and has had to take time off work because of her ordeal.
She added: “That day hurt me physically, mentally and financially.
“It has had an impact on my partner and my family who have helped me, and I have had to go to a counsellor.”
‘I’m sad, I’m scared and I’m scarred’
We next heard from Rebecca White, 29, a forensics scientist who was on her way to work in Dundee.
She was in coach D and she suffered facial and shoulder injuries.
In her statement, she said: “I’m sad, I’m scared and I’m scarred.
“I’m a different person to three years ago.
“I’m so angry with Network Rail.”
Heather Conger, 29, was on the train with her sister Karli, 22.
Originally from the US, Heather started a masters degree at Aberdeen University in September 2019 and Karli was visiting her.
The sisters were heading to Glasgow and had been told they could reach Dundee then board an onward coach.
Passenger’s conversation with tragic conductor
They were in coach C and, when the train headed back to Aberdeen, they switched places as Karli liked to sit facing in the direction of travel.
Heather suffered serious injuries in the crash, including a collapsed lung.
In fact, it was her sister and other passengers who helped her away from the train after the collision.
Heather was taken to hospital and was in intensive care for two days.
Karli suffered minor injuries.
Another survivor was lab technician Kamila Diufer, 44.
Ms Diufer was a coach B passenger and, just seconds before the crash, she spoke with the conductor Donald Dinnie, who was killed instantly in the crash.
Mr Dinnie, a 58-year-old dad of two, knew Ms Diufer intended to leave the train at Stonehaven and invited her to get off the train there using the central doors because of the short platform.
Three years of trauma
It was at times difficult for the court to hear such harrowing accounts of final conversations – and of the victims’ suffering.
Ms Diufer suffered a fractured spine and injuries to a leg and eye.
The final survivor whose story was told to the court was coach C passenger Alberto Moniz – a 31-year-old chef who had lost his job due to lockdown and was heading to Dundee for the first day of his new role.
He suffered minor head injuries and heroically helped those with more serious injuries to safety.
Those six passengers have suffered three years of trauma – as have the loved ones of those who died.
Earlier today, we reported how Mr Dinnie’s long-term partner Trish Ewan first learned of the crash.
The court also heard a statement from the wife of the train’s driver Brett McCullough, Stephanie.
Mr McCullough was 45 when he died and he left three children, aged 13, 10 and six.
Mrs McCullough thanked the public, rail unions and emergency services for their support.
‘Not a day goes by when we do not miss Chris
She added: “Brett will always be in our hearts and he will forever be missed.”
The family of Christopher Stuchbury, the passenger who died in the crash, spoke of how August 12 was a special day for them as it was his wedding anniversary, but now their association with that date has been changed forever.
Mr Stuchbury, 62, of Aberdeen, was a highly regarded volunteer at at Roxburghe House in Aberdeen and was heading to Dundee for one of his final shifts as a tug boat master.
He was sat in carriage D at the time of impact.
In a statement read to the court, his family said: “Not a day goes by when we do not miss Chris.
“He was loved by his family and friends.”
The hearing, which is expected to conclude tomorrow, might bring an element of closure to those affected, who have brought – and in some cases settled – civil cases against Network Rail.
However, a Fatal Accident Inquiry could still be called and observers will be checking when Network Rail and other organisations meet 20 recommendations for improvements laid out in a 2022 report.
