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The Ministry of Defence has been rapped over the knuckles by the Health and Safety Executive after a soldier was shot dead in training due to “an extraordinary piece of stupidity”.
Fusilier Dean Griffiths died instantly from a bullet wound to the neck received during a ‘live’ training exercise at Lydd Ranges military firing range in Kent.
The MoD – which is exempt from prosecution – has been issued with a Crown Censure after breaching its legal duty of care to the 21-year-old.
Fusilier Griffiths had been ordered to line up behind a wooden wall, against which shooting targets had been placed, during the fateful exercise in September 2011.
As he was waiting his turn, another group of soldiers fired at the targets and a bullet passed through the wall and stuck him, severing his carotid artery and causing fatal injuries.
An HSE investigation found one of the targets – made from thin plywood to allow bullets to pass through without ricocheting – had been incorrectly placed.
Its investigators concluded that the exercise was undermanned and that the tragedy could have been prevented.
Crown Censures carry no financial penalty but are an official record of a failing to meet the standards set out in law.
Fusilier Griffiths, from Market Drayton, Shropshire, was serving the 1st Royal Welsh regiment and was expecting his first child.
Partner Nicola Griffith, 33, of East Lawns, Betley, Crewe, and the couple’s son Harry, now four, have sued the MoD, blaming negligence for his death.
They have previously been awarded an undisclosed six-figure sum.
The MoD admitted liability for the “tragic incident” at London’s High Court in November last year.
The judge in that case slammed the MoD, telling government barrister Robert Kellar: “This was an extraordinary piece of stupidity in a live firing exercise.”
Mr Kellar expressed regret for what happened on behalf of the MoD to Ms Griffiths, who was in court for the hearing.
He told the court: “Nicola Griffiths has provided the most devoted care to Harry following the death of his father, and it is hoped that this day will allow Nicola and Harry to move forward with their lives.”