'Systemic failure' potential factor in soldier's death

BBC Lance Corporal Joe Spencer during a training exercise. He has very short cropped hair and is wearing a green army t-shirt.BBC
L/Cpl Spencer joined the British Army in 2011

The family of a soldier who died when his rifle went off during a training exercise say a "potential systemic failure" may have led to his death.

L/Cpl Joe Spencer, 24, from Hampshire, was killed on 1 November 2016 when his gun fired unexpectedly during sniper training in the Scottish Highlands.

At a pre-inquest review, Tom Banks - representing the soldier's family - said the inquest would need to examine how a round remained in L/Cpl Spencer's rifle.

Hampshire coroner Jason Pegg said the jury inquest would not be heard "for a number of months".

L/Cpl Spencer, from Bishopstoke, was a member of 3rd Battalion The Rifles and had previously been seriously wounded in Afghanistan.

At the hearing in Winchester, Mr Banks told Mr Pegg: "It's effectively been assumed a demand was placed on the trigger somehow or another. It's likely you are going to make a ruling on how that demand was made."

He added: "There has been potential systemic failure. Whether that is solely one person or several will be central in the inquiry.

"For whatever reason he was left with a round is key to this part of the investigation."

Addressing the soldier's family, Mr Pegg said: "You have my sincere condolences for the loss of Joe. I have read a lot about him and the young man he was."

The case has been adjourned to 8 September.

During the sniper course in Tain, L/Cpl Spencer had been waiting for his turn, standing with the butt of his rifle resting on his foot and his chin resting on the barrel, when it went off.

Following a fatal accident inquiry in 2024, sheriff Gary Aitken said: "From that position it was impossible for him to manually operate the trigger of the rifle."

Mr Aitken ruled the incident was partly due to L/Cpl Spencer's "utterly inexplicable failure" to properly unload his rifle following a live fire exercise.

He said if the "correct words of command to carry out the unload drill" had been given, the incident could have been avoided.

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