The Ministry of Defence has been censured with the maximum sanction over the death of a reservist soldier who was killed when his army vehicle rolled multiple times down a steep hill during a training exercise.
Staff Sergeant John McKelvie, 51, was airlifted to hospital following the incident at Catterick Training Area in North Yorkshire on 29 January 2019 but died six days later.
An investigation by the Health and Safety Executive (HSE) found the MoD (Army) culpable of multiple failures, including unsuitable and insufficient risk assessments despite previous “rollover events”.
The MoD said it accepted the HSE’s findings and apologised “unreservedly” to SSgt McKelvie’s family.
SSgt McKelvie, of Drongan in East Ayrshire, was behind the wheel of the Jackal vehicle as part of driver training with five other army reservists.
HSE said the off-road aspect of the training included a number of ascents and descents of steep inclines either side of a valley known as “The Land of Nod”.
It was when attempting one of these ascents that the Jackal lost traction and rolled backwards, throwing one of the course leaders from the vehicle.
SSgt McKelvie remained in the Jackal and suffered the fatal injuries as it rolled.
On behalf of SSgt McKelvie’s family, his sister Jacqueline Welsh said: “John was a very outgoing person who loved spending time with his family.
“He was always there for you whenever you needed him. He loved his motorbike, and he loved sport and the outdoors. He was full of action.”
The HSE investigation found that the training course involved “hazardous activities”, which gave rise to the potential for the vehicle to roll.
Although those taking part in the training were “exposed to risk”, this did not mean the activity should not have taken place.
The HSE said other steps should have been taken to “control the dangers” with driving the vehicles, but “these were not undertaken”.
The probe also found a failure in oversight, with the course programme progressing too quickly which “prevented trainees from developing the necessary expertise and skills before attempting more challenging obstacles on the off-road element of the course”.
The risk assessments were “not suitable and sufficient”, and despite numerous previous “rollover events”, the HSE said the army “failed to foresee what could go wrong”.
The investigation also found that standing orders and directions had “not been properly followed”.
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HSE inspector Mark Slater said: “All training, including that which is required to be as realistic as possible, should be planned, risk assessed and executed in such a manner that it does not endanger those who are involved.
“Had the systems implemented by the army been more robust, Sergeant McKelvie would probably still be alive today.”
The Crown Censure was issued on Thursday and accepted by General Sir Roly Walker.
The MoD cannot face prosecution in the same way as non-government bodies, with the censure the maximum sanction that HSE can bring.
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On behalf of the MoD, General Walker said the identification of the failings would ensure “real change”.
He added: “I apologise unreservedly for failing to maintain the safety standards rightly expected of the British Army.
“Staff Sergeant John McKelvie died because we didn’t do enough to protect him from the risk of death. The condolences I offer to John’s family and friends are heartfelt for a soldier lost that didn’t need to be lost in this way.
“We failed John and I am so sorry. We are committed to learning and adapting so this never happens to another family, another regiment, or another group of friends.”
