Soldier's gun training death 'avoidable' - inquiry

A soldier who fought back to fitness after being wounded in an attack in Afghanistan was killed in an accident that could have been avoided, a sheriff has said.

Hampshire-born L/Cpl Joe Spencer, of 3rd Battalion The Rifles, died at Tain Air Weapons Range on 1 November 2016.

An inquiry into his death heard that, as a group of snipers gathered in a shipping container on the range, the 24-year-old was resting his chin on a suppressor fitted to his rifle's muzzle when the gun fired unexpectedly.

Sheriff Gary Aitken, who led the inquiry, said his death could have been avoided if precautions had been taken. He has made no recommendations.

L/Cpl Spencer, originally from Bishopstoke, made Scotland his home after being based in Edinburgh.

A Defence Safety Authority report released in 2018 concluded that a number of failings led to his death, describing it as an "avoidable accident".

Tain Air Weapons Range, north of Inverness, is used by military aircraft crews and ground troops for combat training.

Sheriff Aitken's determination has been published following a fatal accident inquiry (FAI).

His report said the snipers had gathered in the shipping container on the evening of 1 November following a day of shooting.

L/Cpl Spencer was standing while holding his rifle vertically with the butt resting on the toe cap of his boot.

He was occasionally resting his chin on the suppressor and gently moving the rifle up and down on his boot.

Sheriff Aitken said from that position it was impossible for L/Cpl Spencer to manually operate the trigger of the rifle, yet without warning the rifle fired.

He said his death could have been avoided if precautions had been taken.

These included supervision of L/Cpl Spencer during the unloading of his weapon, also correct use of command words for the snipers and the following of safety procedures - and L/Cpl Spencer not holding his rifle close to his body.

The sheriff said: "L/Cpl Spencer's death serves as a powerful reminder to those involved in the handling of weapons and those involved in potentially risky activity of any sort that actions can have far reaching consequences.

"Care needs to be taken in relation to the small things and the routine tasks, not just the bigger picture."

Sheriff Aitken noted L/Cpl Spencer had served with distinction and dedication in the British Army.

He finished top of his class and was awarded a ceremonial rifle after completing his basic training.

In April 2012 his unit deployed to Afghanistan for a six-month operational tour.

On 9 August 2012 he was seriously wounded when a grenade was thrown into a farm compound while he was on patrol.

He received extensive hospital treatment but was eventually able to return to duty.

In 2014 he was named best rifleman in his company during a large-scale exercise in Kenya, and was promoted to lance corporal in 2015.

Sheriff Aitken said: "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 Rifles - "Swift and Bold".