Top brass at the British Army have issued an unreserved apology to the family and friends of an Ayrshire soldier who was tragically killed during a training exercise. Staff Sergeant John ‘Jock’ McKelvie, of Drongan, was killed in Yorkshire after the Jackal vehicle he was driving rolled multiple times down a steep hill at Catterick Training Area. The tragedy took place on January 29, 2019 and prompted an investigation by the Health and Safety Executive (HSE).
The organisation has now issued the Ministry of Defence (MoD) with a Crown Censure following John’s death. The censure is the maximum sanction that HSE can bring, as the MoD can’t face prosecution in the same way as non-government bodies can. The censure was accepted by General Sir Roly Walker, who is Chief of the General Staff and Army Safety Owner. The General said: “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.”
At the time of the incident, 51-year-old John 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 backward, throwing one of the course leaders from the vehicle as it did so. Staff Sergeant McKelvie, who lived in Dundonald, remained in the vehicle, suffering serious injuries as it rolled. Despite being airlifted to the hospital, he died six days later.
John’s sister Jacqueline Welsh provided a statement on behalf of the family, which 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!”
An investigation by the HSE subsequently 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,’ according to the HSE, to control the dangers with driving the vehicles, however these were ‘not undertaken.’
They 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,” according to the HSE 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. Mr McKelvie’s funeral took place at the Auld Kirk, Ayr, where Jock’s coffin was carried into a packed service by members of the Scottish and North Irish Yeomanry. Minister Rev David Gemmell described how John McKelvie ‘grabbed life by the throat’ from his earliest days.
The congregation also heard how Jock was 25 years in the Royal Scots Dragoon Guards, rising to be a Challenger tank commander and embarked on tours of duty in Iraq, Kuwait and Kosovo. Mr McKelvie, a father of two, was laid to rest in Drongan Cemetery. General Walker said lessons would be learned by the British Army in the wake of John’s death. He said: “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. I realise that I must also restore the confidence of others in the safety and supervision of high-risk training.
“I would like to express my appreciation to the Health and Safety Executive for the thoroughness of the investigation. This scrutiny and the identification of our failings in this process and in the Service Inquiry and Inquest ensure real change.” He added: “The men and women who bravely commit to defending our country deserve the highest safety standards during their training, and we will continue to strive to ensure that the lessons learned from John’s death help to make others safer now and in the future.”