The death of a British Army soldier who was killed during a live fire training exercise in the Highlands is to be probed by a sheriff.
Lance Corporal Joe Spencer, of 3rd Battalion The Rifles, died at RAF Tain during a sniper course.
Around 30 detectives were said to have been involved in the investigation into the “avoidable accident” that killed the 24-year-old in November 2016.
The Lance Corporal, who was from Hampshire, died when his rifle went off as he rested his chin on it.
It has now emerged that a Fatal Accident Inquiry (FAI) will be held at Tain Sheriff Court where the full circumstances of the fatal shooting will be investigated.
A 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.
It also concluded that his death was an “avoidable accident”.
The 166-page report explained: “Whilst resting his chin on the weapon’s suppressor, equipment or clothing most probably snagged the rifle’s trigger inadvertently, resulting in its discharge.
“That his weapon was in an unsafe condition with a round chambered was extremely likely to have been caused by an incomplete unload drill being carried out earlier that day.”
It added: “Whilst the initiative shown by the SNCOs (senior non-commissioned officers) in wanting to conduct a SOC (Sniper Operators’ Course) is commendable, a series of errors, shortfalls and poor judgement conspired and ended in the death of a capable and highly-regarded JNCO (junior non-commissioned officer)”.
Family ‘extremely upset’ at unanswered questions
Poor supervision and a failure to follow mandated procedures were themes of the whole report and it added that the “post-accident response fell short in a number of areas”.
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.
But the young man’s family said the report raised unanswered questions.
In a statement, they said they were “extremely upset” it had been published despite their questions when they were shown the conclusions – to which they said they had not received a response.
“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 family said.
‘Such a lovely bloke’
Following the publication of the report, a British Army spokesman commented: “Our thoughts remain with Lance Corporal Joe Spencer’s friends and family at this difficult time.
“The safety and welfare of our personnel is of the utmost importance and we will now carefully consider the recommendations which have been made by the Service Inquiry.”
Lance Corporal Spencer joined the Army in 2011.
He had completed a tour of Afghanistan as well as exercises in America and Kenya before he passed away.
FAI proceedings will begin with a virtual preliminary hearing that will take place in February next year.