Two SAS servicemen have been acquitted of negligently performing a duty over a march in which three reservists died, after a judge ruled they had no case to answer.
The men, known only as 1A and 1B, denied the allegation that they failed to take reasonable care for the health and safety of candidates taking part in the 16-mile march in the Brecon Beacons on July 13, 2013.
Lance Corporal Craig Roberts and L/Cpl Edward Maher were pronounced dead on the Welsh mountain range after suffering heatstroke on July 13 2013.
1A and 1B, whose identities are protected by an anonymity order, went on trial at the Court Martial Centre in Bulford, Wiltshire, last Monday.
The servicemen, who were the safety officers for the march, were acquitted by a five-person board on the direction of Jeff Blackett, Judge Advocate General.
Following the deaths, a number of inquiries identified systemic failures but prosecutors alleged that the defendants’ had committed fundamental and basic errors on a personal error.
But Judge Blackett found that their lack of training on heat illness and risk assessments meant that other servicemen in their position would not have acted differently.
“I have determined that there is no evidence of negligent performance of duty when the conduct of these defendants is measured against the reasonable serviceman of similar experience, knowledge and training,” he said.
“A board properly directed could not properly convict and I intend to stop the case now.”
Prosecuting, Louis Mably QC said he would not seek leave to appeal the judge’s decision that the defendants had no case to answer.
Clare Stevens, partner at JMW Solicitors who represented James Dunsby’s father and Craig Roberts’ family, said: “This is one of the most shocking cases I’ve ever advised on. The failings were significant and went right to the top – the two put on trial were scapegoats for those at the top. Those that should have been on trial weren’t.
“The MoD constantly claims to have learnt lessons, but there is no evidence of that. JMW Solicitors has just this week received instructions from a serviceman who suffered serious heat illness this summer as a result of the Army’s failure to follow the same guidance – MoD guidance – which was involved in this case. We are now five years on from this tragedy yet the same mistakes continue to be made.”
Heat illness prevention management guides have been updated three times since the march in 2013 and are now “embedded” in the training culture, the Army said.
“Our thoughts remain with the families and friends of Cpl James Dunsby, LCpl Craig Roberts and Tpr Edward Maher at this difficult time,” a spokeswoman said.
“The safety and wellbeing of our personnel remains our top priority and following these tragic events we have made a number of changes, particularly in relation to heat stress and training, to ensure an incident like this does not happen again.”
The Army is continuing to conduct research into the effects of heat illness to ensure training “meets the very highest medical standards”, she added.