Memorandum from Mrs Elaine Higgins
INTRODUCTION
On behalf of Families of Soldiers who have lost
their lives overseas during peacetime, I thank the Defence Select
Committee for their time and ask that the Defence Select Committee
look into the duty of care responsibilities to all army personnel
and their families and the handling into all investigations when
a peacetime death occurs overseas.
At present, investigation of suspicious deaths
outside the United Kingdom are investigated by the Special Investigations
Branch and the Royal Military Police, and, where appropriate,
in conjunction with the local civilian police force.
I was recently asked to represent all overseas
families, but I have not as yet been mandated by them to deal
with their particular issues, so I will refer only to my own personal
details which, if required, can be substantiated by documentation.
I therefore submit issue appertaining to the death of my own son
Trooper Aled Martin Jones.
TROOPER ALED MARTIN JONES KILLED IN BOSNIA,
18 JULY 1996
BACKGROUND
My son had been a member of the First Queens
Dragoon Guards for 18 months; by virtue of his acknowledged qualities
he had been selected to serve as the Commanding Officer's driver.
The unit had deployed on operations to Bosnia in June 1996.
On 17 July 1996, Aled had been engaged in his
routine duties and completed work for the day at 19:30 hrs. During
the evening of the 17th, he was seen acting normally at the squadron
bar within the camp. He consumed a quantity of alcohol and departed
the bar shortly after midnight on 18 July; he was later seen using
the facilities in the washroom where again his activities and
manner had been described as normal. Aled proceeded to the guardroom,
correctly dressed for duty where he signed out his personal issue
5.56 mm rifle citing a driving detail with the Commanding Officer
as justification.
At 00:58 hrs 18 July, members of the Queens
Dragoon Guards Battle Group reported hearing a high velocity shot
being discharged. Upon investigation, the first army personnel
on the scene found Aled alone lying on a bed of the Transit Accommodation
with a gun shot wound to his head and his personal rifle clutched
to his chest.
Aled was pronounced dead at 01:36hrs 18 July
1996.
HOW WAS
HIS DEATH
INVESTIGATED?
Aled's death was investigated by the Special
Investigation Branch along with the Royal Military Police, no
civilian police were involved at any time.
I totally believe that all investigations following
Aled's death were not completed according to regulations, and,
after much perseverance to try and find out the truth surrounding
my son's death, I am now in possession of a vast amount of evidence,
including the post mortem report, the board of inquiry report
and the special investigation report. My concerns that I wish
you to look into are as follows—
— It has become clear that a factor
in Aled's case was poor control of the provision of alcohol. The
"Two Can Rule" was not enforced. I have statements that
Aled's was not the only case where this failure of procedure has
occurred.
— The Board of Inquiry Report into
Aled's death contains statements that seriously contradicted each
other. A letter from the MoD has stated that it is common to have
contradictions in Board of Inquiry Reports. It is my opinion that
the contradictions in the statements leading up to the last hour
of Aled's life are serious and should have been cleared up and
not left outstanding.
— According to the Board of Enquiry
Report, Aled left the bar area somewhere between 00.01 and 00.30
hrs on the morning of 18 July wearing a t-shirt, trousers, and
boots. He was then seen in the guardroom from 00.30 to 00.35 hrs
wearing full combats and beret. From 00.35 to 00.40 hrs, Corporal
*** spoke with Aled in the washroom. Aled was then wearing his
t-shirt, trousers and boots. At 00.45, ***, saw Aled walking from
the guardroom in combats and beret. At 00.57 hrs, Aled was found
with a head injury wearing his "issue combats". The
Board of Inquiry Report cannot even give clear indication of the
last hour of Aled's life.
— Previous to this, Aled's Commanding
Officer Lt. Col. ***, spoke with Aled on camp at 18:30 hrs of
17 July, yet MT Driver *** saw Aled leave the camp for "a
mail run" at 17.00 hrs and did not return until 19:30 hrs.
Yet another example of Aled being in two places at the same time.
— When comparing the Examination Report
of the weapon used in Aled's death, between another similar case,
the reports are so alike that it appears to be standard issue
statement.
I find it hard to accept that a civil police
inquiry, under British Law, would have allowed contradictions
to remain unresolved. The more information that I receive, the
more convinced I become that my son's death was not as the army
would have me believe. In the Board of Inquiry Report, Lance Corporal
*** stated that he assumed Aled collected his rifle when he was
in the Guard Room, yet at the Coroner's Inquest, Lance Corporal
*** stated that he actually handed the rifle to him. It is very
difficult for us to sit back and accept all this.
THE RIGHTS
OF BEREAVED
FAMILIES
When a death occurs overseas by what means is
the protection of rights to an independent, prompt and effective
investigation?
Where do the family complain when they feel
something untoward has taken place?
Why is the law different from British law when
investigating any death within the armed forces overseas?
All forces personnel, while serving overseas
are still classed as British citizens on British soil, so why
the difference in laws?
Civilian police investigate any death that occurs
in Britain yet if a death occurs overseas it is very rarely investigated
by civilian police, most deaths are only investigated by SIB/RMP.
How do families know that a full and thorough
investigation has taken place, as there seems to be a rush to
judgement, the presumption that the death was self-inflicted/suicide.
There appears to be insufficient gathering of
forensic evidence or interviewing of parties.
Why are families not involved in any of the
investigations?
BILLETING ARRANGEMENTS
From previous Board of Inquiry Reports, it was
recommended that billeting arrangement would maintain the group
together, yet Aled was billeted with the Canadian armed forces.
April 2004
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