A British soldier was killed when he rested his chin on a gun he didn’t know was loaded at the end of a shooting course, an inquiry has ruled.
Lance Corporal Joe Spencer of 3rd Battalion The Rifles sadly died aged just 24 at RAF Tain, Scotland in November 2016.
Originally from Hampshire, Spencer, who later moved to Edinburgh, joined the Army in 2011 and had served in Afghanistan before his ‘avoidable’ and untimely death.
The tragedy triggered a widespread investigation involving around 30 detectives after the soldier suffered a severe and fatal head injury.
An inquiry held at Tain Sheriff Court has now concluded the death could have been avoided.
Sheriff Gary Aitken said Spencer had made an ‘utterly inexplicable failure’ by not completing an unload drill at the end of the shooting course and was unaware the weapon was still loaded as he rested it on his chin before it discharged.
In a 206 page written judgment, the Sheriff ruled there were no defects in any system of working and that no individual on the course had acted with ‘malice or recklessness’ in the lead up to the fatal incident and made no recommendations.
The inquiry had heard there were concerns over procedures on the day but that changes had been made by the Army in the aftermath.
Mr Aitken said: ‘In isolation each of the decisions is relatively innocuous, with the exception of LCpl Spencer’s utterly inexplicable failure to complete the unloading drill for the rifle.
‘It is with the benefit of hindsight that the consequences of these decisions can be seen clearly. These decisions are not inevitably linked, in the manner of links in a chain or dominoes in a row, leading to an inevitable, predictable consequence.
‘It is to be hoped that the danger of holding a loaded rifle vertically under one’s chin would be obvious to anyone and certainly it would be obvious to experienced soldiers.
‘However, there is nothing in the evidence to suggest that anyone knew that the rifle was loaded. Quite the reverse.’
The judgment added: ‘He was clearly a much loved son, brother and partner and a very highly regarded soldier, both by his peers and his senior officers.
‘It is clear from the evidence that I have heard that he was a young man of extraordinary determination and strength of character, committed to the service of others. He appears to have epitomised the regimental motto of the Rifle – “Swift and Bold”.’
An earlier Service Inquiry report published by the Defence Safety Authority said there had been a ‘series of errors, shortfalls and poor judgement’ during the sniper training course that the soldier was taking part in.
The report said there had been lower levels of supervision throughout the course and specifically on the day of the soldier’s death and made a number of recommendations for the future.
It also concluded that his death of Spencer – who had also taken part in exercises in Kenya and the US as part of his training – was an ‘avoidable accident’.
Spencer’s family said the earlier report had left them upset and raised unanswered questions.
They added: ‘It is clear to us that the individuals responsible for delivering the sniper training course did not do so in accordance with the mandated course syllabus and requisite rules and regulations.
‘We strongly believe Joe would still be with us today if they had.’
The training exercise during which the incident happened had involved around 20 personnel.
Officers said at the time they were keeping ‘a very open mind’ over the cause of the event.
It came just over two months after a soldier was shot dead during a live-firing exercise at Otterburn Training Area in Northumberland.
Private Conor McPherson, 24, a member of The Black Watch, 3rd Battalion, the Royal Regiment of Scotland, was killed on August 22.
The training facility where the tragedy involving Spencer occurred was in use at the time by the RAF and the Army. It had a rifle range and a small arms range as well as bombing ranges for aircraft.
It was also used by US and other NATO air forces for bombing and strafing practice, with 18 separate targets suitable for a variety of weapons and different delivery methods.
The Army has been contacted for comment.