Positive Article 2 ruling for family of officer killed during MOD training
Fieldfisher successfully represented the family of the late John Robert McKelvie, who was killed during a military training exercise when the JACKAL 2 reconnaissance vehicle he was driving overturned and rolled down a hill.
Andrew Morgan and Natalie Amara were instructed by Staff Sargent McKelvie's sister, Jacqueline Welsh, who tirelessly fought for justice for her brother.
Staff Sargent McKelvie, 51 and a father of three, was a highly experienced and decorated Tank Commander with the Royal Scots Guard Dragoons. He had served with the British Army for 22 years before joining the Scottish and Northern Irish Yeomanry as an army reservist. He was enrolled onto the JACKAL driver course at the Catterick Garrison training area in North Yorkshire.
The planned route was to ascend and descend two hills, navigate the vehicle around a horseshoe loop and ascend and descend a third hill before returning to the hardstanding area. The area is known as the Land of Nod and the hills nicknamed 'the three sisters'.
The incident occurred when Staff Sargent McKelvie attempted to ascend the third and final hill. The JACKAL vehicle, which was fitted with a roll over protection system (ROPS), lost traction half-way up the hill, rolled backwards and overturned, rolling approximately six times down the hill. Staff Sargent McKelvie, who was strapped into a four-point harness and wearing a helmet, sustained severe head and neck injuries and was airlifted to James Cook University Hospital in Middlesborough but sadly died from his injuries.
Following her brother's death, Ms Welsh reports that she was at a loss in knowing where to turn and what to do. She came across the Centre for Military Justice who in turn referred her to Fieldfisher.
A Service Inquiry was opened, reportedly the longest in the MOD's history. The report revealed 179 failings in relation to training, risk assessment and chain of command.
An Inquest into the death was formally opened by the North Yorkshire Coroner's Office but was considerably delayed, causing immense strain on the family, with the HSE releasing its separate report to the family almost four years after the Inquest opened.
Natalie instructed Counsel Rory Turnbull of 3 Hare Court Chambers to represent the family and they successfully argued for an Article 2 Inquest in front of a jury. The five-day Inquest took place in June 2024 at Thirsk Racecourse.
Counsel cross-examined the witnesses in front of the jury and provided vital evidence to show that the MOD had failed to take the appropriate steps to prevent any such incident occurring, despite it being aware of 34 previous JACKAL rollover incidents between 2008 and 2018, Pathologist Dr Jan Lowe gave evidence that Staff Sargeant McKelvie's death could have been prevented if a Head and Neck Support (HANS) equipment had been present.
The jury also heard that the JACKAL was prohibited from being on the Light Vehicle Training Area (LVTA) where the incident occurred and that had mandatory safety checks been carried out the morning of the fatal incident, the JACKAL would have been refused entry onto the training area. He told the Jury that it was 'an accident waiting to happen'.
During cross examination, Wing Commander Paul Summers admitted that the Army was not a safe learning organisation and criticised its safety analysis and reporting culture.
On the final day of the Inquest, the family was told that the MOD had completely revised its systems and there would be no further missed opportunities.
The jury delivered a narrative conclusion after hours of deliberation. It listed lack of supervision by the chain of command, lack of neck support and the vehicle’s unsuitability for the training ground as contributing to Staff Sargeant McKelvie's death.
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For further information about personal injury claims, please call Andrew Morgan on 03304606737 or email andrew.morgan@fieldfisher.com or call Natalie Amara on 03304607113 or email natalie.amara@fieldfisher.com.
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