Christopher Stuchbury, 62, Donald Dinnie, 58 and Brett McCullough, 45 died following the derailment of the 06:38 Aberdeen to Glasgow service on the line between Dundee and Aberdeen near Carmont, Aberdeenshire on 12 August 2020.
A preliminary hearing will be held on 29 January 2025 at Aberdeen Sheriff Court.
The purpose of an FAI includes determining the cause of death, the circumstances in which the death occurred, and to establish what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.
This FAI follows the prosecution and conviction of Network Rail Infrastructure Limited for a breach of health and safety legislation in September 2023.
Since the conclusion of the criminal proceedings the Crown Office and Procurator Fiscal Service has been ingathering and considering information from a number of sources around the wider circumstances and themes which develop and extend beyond the issues raised in criminal proceedings.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for 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.
“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.”
Further information
For more information on Fatal Accident Inquiries see the Crown’s guide.