Crown Censure issued following death of soldier

Staff Sergeant John McKelvie of Drongan in Ayr, was killed after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area on 29 January 2019.

At the time of the incident, the 51-year-old had been taking part in Jackal driver training with five other Army reservists. The off-road aspect of the training included a number of ascents and descents of steep inclines either side of a valley on land 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 as it did so. Staff Sergeant McKelvie remained in the vehicle suffering serious injuries as it rolled. Despite being airlifted to hospital, he died six days later.

An investigation by the HSE identified that the training course involved hazardous activities, which gave rise to the potential for the vehicle to roll. This meant those taking part in the training were exposed to risk – however, that did not mean the activity itself should not have taken place. There were other steps that should have been taken to control the dangers with driving the vehicles, however these were not undertaken.

It also found a failure in oversight, meaning the course programme devised progressed too quickly and 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 Army failed to foresee what could go wrong.

The investigation also found that standing orders and directions had not been properly followed.

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.”

This HSE Crown Censure was brought by HSE enforcement lawyer Nathan Cook and supported by HSE paralegal officer Rebecca Forman.