Legal News

A Coroner at Solihull in the West Midlands has ruled that neglect was a contributory factor in the deaths of three soldiers who died from heat exhaustion during an SAS selection exercise on the Brecon Beacons in Wales in July 2013.

BBC News reports that Coroner Louise Hunt ruled Lieutenant Corporal Edward Maher, Lieutenant Corporal Craig Roberts and Corporal James Dunsby died as a result of neglect on a 16-mile march, on what was one of the hottest days of the year.

The inquest into the men’s deaths heard that all three suffered from hyperthermia.

Ms Hunt said a failure of basic medical care contributed to their deaths – and had the Army strictly followed the Ministry of Defence's (MoD) code of practice, the march would have been cancelled after two men not among those who died were withdrawn from the exercise shortly after midday, due to heat sickness.

However, the selection exercise continued and all three men who died were on course to complete the march within the allocated time. They were found in a state of collapse at three different locations, however.

The Army has accepted that it did not carefully manage the risks involved in the selection exercise.

The first victim was L/Cpl Roberts, 24, who was found convulsing on the mountain at Brecon.

It was then that the Army should have called off the exercise, the Coroner said, had Ministry of Defence (MoD) guidance on heat illness been followed.
Had this happened, the march would have been called off by 12:40 BST.

However, the Coroner said there was a “lack of understanding by the march's directing staff of soldiers withdrawing with heat illness” – and some staff were unaware some of the soldiers had fallen ill.

Cpl James Dunsby, 31, from Bath, would have been suffering signs of heat illness when he passed the penultimate checkpoint – but staff missed it, the inquest was told. Cpl Dunsby was found collapsed near the finish line and died in hospital two weeks later.

Lack of water contributed to 31-year-old L/Cpl Maher's death, the inquest heard.

The inquest also heard that there should have been closer liaison with emergency services to avoid multiple 999 calls – and signal problems also meant that emergency calls were cut off, leading to delays in getting to the casualties on the mountain.

“Those running this march were fundamentally under-briefed,” said Ms Hunt.

“They did not fully understand the risk of heat illness – and the emergency plan was inadequate.

“I consider the briefing to those running the march to be inadequate, as it failed to include weather conditions, the risk of heat injury and the reporting of reasons for medical withdrawals, should they occur.

“It also failed to include plans to evacuate any casualties,” she added.

Ms Hunt said the medical plan for the march had not been “good enough” – water supplies had been insufficient and the risk assessment had not identified the correct hospital for treatment.

Cpl Dunsby's widow, Bryher Dunsby, said that at times during the inquest, the MoD had displayed “no responsibility, no accountability and no humility” in acknowledging the “vast catalogue of errors which were so clearly made”.

The Army's director of personal services, Brigadier John Donnelly, apologised for the deaths of “three fine soldiers” – and said the Army would make sure “everything possible was done to prevent it happening again”.

A Health and Safety Executive investigation into the deaths of the three men is ongoing.

The inquest was told that GPS trackers used to monitor the soldiers were “not fit for purpose” – and the MoD had known this since 2009.

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Duncan Lewis personal injury solicitors can advise serving personnel and ex-Armed Forces personnel on how to make a no win no fee compensation claim against the MoD for injuries which resulted from negligence – including claims involving:

• Bullying
• Cold weather injuries
• Equipment failures
• Failure in command
• Heat injuries
• Live combat injuries
• Psychological injury (PTSD)
• Road traffic and vehicle accidents
• Training exercises.

Personal injury claims against MoD can be made via the Armed Forces Compensation Scheme and/or the civil court.

Personal injury claims usually have to be made within three years of injury or death. In some cases the limitation period may be extended, however.

In cases where a loved one has lost their life as a result of negligence by the MoD, Duncan Lewis offers expert and sympathetic advice to bereaved families on making a no win no fee Fatal Injuries Claim.

For expert advice on no win no fee Claims Against MoD, call Duncan Lewis personal injury solicitors on 020 7923 4020.