An Edinburgh soldier was holding a sniper rifle “vertically in close proximity of his body” before suffering a fatal gunshot wound to the head aged just 24.
Lance Corporal Joe Spencer died during a sniper course at RAF Tain in November 2016 after a single round of his n L115A3 sniper rifle, which he was in possession of, was suddenly discharged.
A fatal accident inquiry was held into the death of Spencer, of 3rd Battalion The Rifles, which concluded the rifle was pointing upwards towards himself before it was accidently discharged.
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Spencer was born in Hampshire and later moved to Edinburgh before joining the Army in 2011 and completing a tour of Afghanistan.
The FAI also noted “There were no defects in any system of working which contributed to the death or the accident resulting in death.” However it concluded with death was “realistically avoidable” with several precautions not taken to avoid the accident including Spencer being commanded to follow an unload drill at the conclusion of the first shooting detail.
Investigators also said if the nominated safety supervisor had not left the firing line and observed LCpl Spencer carrying out the unload drill and noted any defect or issue with the drill it may have contributed to an alternative outcome.
Spencer was promoted to Lance Corporal in 2015 and 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.
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Concluding the FAI, sheriff Gary 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. In isolation each of the decisions is relatively innocuous, with the exception of LCpl 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.
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“LCpl 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.”
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said: “We note the Sheriff’s determination. The Procurator Fiscal ensured that the full facts and circumstances of Lance Corporal Joe Spencer’s death were led in evidence.
“My thoughts are with the family, friends and fellow soldiers of Lance Corporal Spencer at this time.”