Death of soldier (24) in Tain after tragic accident ‘was avoidable’
The death of a young solider in Tain during a training exercise could have been avoided, a Fatal Accident Enquiry (FAI) has determined.
Lance Corporal Joe Spencer (24) died on the evening of November 1, 2016 at the Air Weapons Range, Tain, after a gunshot wound to the head due to an unintended discharge of a single round from a sniper rifle in his possession.
Sheriff Gary Aitken led the inquiry.
LCpl Spencer and his colleagues had gathered in a shipping container at the range for a day of shooting training.
The inquiry heard that immediately prior to the discharge LCpl Spencer was holding the rifle vertically, possibly with the butt resting on his boot gently bumping the rifle up and down, and with his chin resting on the muzzle of the suppressor.
Sherriff Aitken said: “Firstly, the physical evidence is that it would have been impossible for LCpl Spencer to have manually discharged the rifle in the position in which he was holding it.
“It is for this reason that the discharge of the rifle is referred to as “un-demanded”. The operation of the trigger was not due to intentional or reckless human action. It was an accident, albeit one with tragic consequences.”
Sherriff Aitken said that LCpl Spencer’s death could have been avoided if precautions had been taken.
These included supervision of LCpl Spencer during the unloading of his weapon, also correct use of command words for the snipers and the following of safety procedures - and LCpl Spencer not holding his rifle close to his body.
Sherriff Aitken said: “In drawing this Determination to a close I observe that LCpl Spencer’s death occurred as a result of the actions and decisions of a number of individuals, including LCpl Spencer himself, as discussed in detail above.
“From the evidence available to me I do not consider that any of these individuals acted with malice or recklessness or had any idea of the catastrophic event their actions would lead to.
“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.”
LCpl Spencer joined the British Army in February 2011 and on completion of his basic training was posted to the 3rd Battalion of the RIFLES regiment, stationed in Edinburgh. He was promoted to Lance Corporal in 2015.
He served with distinction and dedication and deployed abroad to take part in a number of major training exercises, including working alongside the United States Army.
He deployed operationally to Afghanistan, where he was seriously wounded in a grenade attack. He worked his way back to operational fitness and was training to be a sniper. LCpl Spencer made his home in Scotland with his partner and they had recently bought their first house together in July 2016.
The purpose of a Fatal Accident Inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances.
