A soldier was killed during a live fire training exercise in the Highlands after his gun suddenly discharged, a sheriff has ruled.
Lance Corporal Joe Spencer, of 3rd Battalion The Rifles, died at RAF Tain during a sniper course.
He joined the Army in 2011 and had completed a tour of Afghanistan as well as exercises in America and Kenya before his tragic death at the age of 24.
Around 30 detectives were said to have been involved in the investigation into the incident in November 2016.
Spencer, who was originally from Hampshire and later moved to Edinburgh, died when his rifle went off as he rested his chin on it and he suffered a severe fatal head injury.
Soldier’s death ‘could have been avoided’
A fatal accident inquiry, held at Tain Sheriff Court, has now said the death could have been avoided if Spencer had not been holding the rifle vertically in close proximity to him.
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 when it discharged.
In a 206-page written judgment, Sheriff Aitken 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. The sheriff 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.
The sheriff said: “In isolation, each of the decisions is relatively innocuous, with the exception of Lance Corporal 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.
A young man of extraordinary determination
“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 Rifles – ‘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 was an “avoidable accident”.
Spencer’s family had 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 Army have been asked for comment.