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'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/l Spencer ed 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/l 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/l Spencer's rifle.

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

L/l 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/l 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/l 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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