Two SAS soldiers have been told they will not face manslaughter charges over the deaths of three reservists, who died from overheating during a training exercise on the Brecon Beacons in Powys, on one of the hottest days of 2013.
Prosecutors say there is not enough evidence to charge the two soldiers, who oversaw the 40-mile (64km) hike, in temperatures of up to 29.5C (85F).
L/Cpl Craig Roberts, 24, and Trooper Edward Maher, 31, both died from “the effects of hyperthermia” on 13 July last year and Cpl James Dunsby, 31, died from “multi-organ failure as a result of hyperthermia” in hospital two weeks later.
Witnesses at the time reported seeing soldiers on the exercise in distress and pleading for water.
The health and safety investigation into the deaths has taken evidence from 166 witnesses, including 95 soldiers present on the day.
The Crown Prosecution Service said yesterday (2 July) that the police evidence presented was not enough to bring gross negligence manslaughter charges against the two soldiers identified only as 1a and 1b.
Catrin Evans, head of the complex casework unit for the CPS in Wales said prosecutors had looked at all the available evidence and decided there was not enough to bring criminal charges.
She said: “My conclusion is that there is insufficient evidence to support charges of gross negligence manslaughter against the two suspects identified by the investigation.
“To establish an offence of gross negligence manslaughter, the prosecution would have to be able to show that the suspects owed a duty of care to the victims, that this duty of care was breached, that this breach was an operative cause of death and that the conduct of the suspects was so negligent that it ought to be characterised as a crime.
“Having considered a large amount of detailed evidential material, including reports provided by expert witnesses, my review concluded that the evidence available does not meet the required legal standard for prosecution.”
The HSE continues to lead a criminal investigation. Another pre-inquest hearing looking into the men’s deaths will take place in August.
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This does seem a bizarre decision on the part of the CPS, and one more example of puzzling actions on their part. Were the reservists owed a duty of care by the NCOs? This would seem obvious if they were in charge. Was the duty of care breached? Witnesses reported seeing the guys in distress so clearly it was. Did the breach lead to the deaths? Obviously. It could also be argued that the duty of care was greater, since the victims were reservists.
Just how does the CPS reach its decisions?
Surely the fact that the two NCO’s who were in charge, should of shown a duty of care to the 40 who were in there care……………