The first stage of a fatal accident inquiry into the Stonehaven train derailment which claimed three lives will begin next month.
Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the crash at Carmont on 12 August 2020.
The ScotRail service from Aberdeen to Glasgow Queen Street derailed after it hit a landslide following heavy rain.
Network Rail was fined £6.7m in September last year after pleading guilty to health and safety failings which led to the deaths.
The Crown Office and Procurator Fiscal Service (COPFS) has lodged a first notice to begin the fatal accident inquiry (FAI) process, with a preliminary hearing scheduled to take place at Aberdeen Sheriff Court on 29 January.
The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and establishing what reasonable precautions could be taken to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, FAIs are inquisitorial and are used to establish facts rather than apportion blame.
Andy Shanks of COPFS said: “The Lord Advocate considers that the deaths of Christopher Stuchbury, Donald Dinnie and Brett McCullough occurred in circumstances giving rise to serious public concern.
“This has been a highly complex and thorough large-scale investigation. The lodging of the first notice enables FAI proceedings to commence under the direction of the sheriff.”
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Of the nine people on board the 6.38am service, three were killed and six were injured after the train hit gravel and other debris that had washed onto the track.
The crash happened shortly before 9.40am when the train was on its way back to Aberdeen due to the railway being blocked further down the line.
Network Rail’s failures included failing to inform the driver that it was unsafe to travel at 75mph or caution him to reduce his speed.
In October last year, almost £1m in damages was secured from the rail operator for seven people affected by the crash.
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A Rail Accident Investigation Branch (RAIB) report published in March 2022 found that errors in the construction of a drainage system installed by Carillion meant it was unable to cope with heavy rain which fell in the area on the morning of the crash.
Carillion went into compulsory liquidation in January 2018.
The RAIB report made 20 recommendations to improve railway safety, many of which were directed at Network Rail.
The Crown Office said that since the conclusion of the criminal proceedings it had been gathering and considering information from a number of sources around the wider circumstances and themes, which develop and extend beyond the issues raised in the earlier case.
Mr Shanks added: “While there has already been a number of lessons learned and industry-wide change made, an FAI will examine the full circumstances surrounding these tragic deaths, putting all relevant information into the public domain.
“The evidence will be tested in a public setting and be the subject of judicial determination.
“Our thoughts remain with the families, and they will continue to be kept informed of significant developments as court proceedings progress.”
Network Rail said the derailment and the loss of the three men was a “terrible day for our railway”.
A spokesperson added: “Our thoughts remain with their families and all those affected by the accident.
“While we are not able to comment in detail at this time, Network Rail remains fully committed to supporting the fatal accident inquiry.”
