Ministry of Defence censured after Paisley soldier Conor McPherson dies in training exercise

The Ministry of Defence has been given the maximum sanction possible after a soldier from Paisley was shot dead during a training exercise.

Private Conor McPherson was taking part in a night-time “live fire” activity at Otterburn training area in Northumberland in August 2016 when he was shot in the back of the head by another soldier.

The 24-year-old, who was serving with A Company, 3 Scots – The Black Watch – was one of five soldiers taking part in the exercise. He died at the scene.

The group had been shooting at remote controlled targets as they manoeuvred on foot through the moorland firing range. They were using live rounds and night vision technology at the time.

Conor’s death was the subject of an investigation by the Health and Safety Executive (HSE) which is only now concluding.

On Wednesday, HSE said it was issuing the MoD with a Crown Censure after it failed to properly implement a safe system of work for the exercise.

The MoD has accepted the findings and apologised “unreservedly” to Pte McPherson’s family. It admitted that Conor’s tragic death was preventable and said, since the incident, measures have been taken to ensure similar incidents do not occur.

By accepting the censure, the MoD admitted breaching health and safety at work rules, the HSE said.

In a statement Conor’s father, Neil, said the family’s future is “one of deep sorrow” and spoke of the impact of his son’s death.

HSE Inspector Jonathan Wills said: “Just like any other employer, the MoD has a responsibility to reduce dangers to its personnel, as far as it properly can.”

Responding to the HSE’s findings, Lieutenant General Dame Sharon Nesmith said: “I, on behalf of the Army, am deeply sorry for failing Pte Conor McPherson. I unreservedly apologise to his family for Conor’s tragic death.

“We 100 per cent accept the HSE findings. Conor’s death was preventable. We care hugely about our soldiers – above all else their health and wellbeing. On this occasion, we got it very wrong.

“We have addressed each of the failings. We very much regret Conor’s death. His legacy will be our continual drive to do better. On behalf of the MoD and the Army, I offer my sincere condolences to his family and friends.”

The HSE said the planning and conducting of the training exercise had been “poor”.

It said there should have been an additional supervisor with the firers on the night of the incident, due to the soldiers’ lack of experience when carrying out night-time firing.

Mandated planning meetings in the lead up to the exercise were not attended by some staff.

Mandated night-time specific safety tasks were also not carried out prior to firing commencing. Incorrect and unauthorised night-vision equipment was being used by some soldiers. Officers who were not sufficiently experienced in controlling such an activity were not properly mentored or supervised.

Conor’s dad Neil said in his victim personal statement: “Conor was a model son. He did not drink or smoke and he loved his family life. He loved books and his PC games and Saturday night films on TV.

“On the night Conor died, it was every parents’ worst nightmare. A knock at the door, two men in suits bearing news that we had lost our son. I think we both went into shock but the memories of it all are blurred.

“The future is one of deep sorrow. Not to see Conor grow and find love and give us grandchildren is very sad. He would have been a fabulous father and as our only son, there is no one to carry on the family name.”

He added: “Socially, I don’t go out much anymore and Betty [Conor’s mother] hardly ever goes out socially except for a meal. I myself could not go back to work after Conor’s death.

“I don’t think I want to work anymore as I tend to shun being around groups of people. Betty and I have many pictures that, to date, I cannot bear to look at, although we often reminisce together. We also both have one of Conor’s dog tags each which we wear on a chain.”

The MoD cannot face prosecution in the same way as non-government bodies and a Crown Censure is the maximum sanction for a government body that HSE can bring.

There is no financial penalty but, once accepted, the censure is an official record of a failing to meet the standards set out in law.

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