Jonathan was in his early 20s and was on deployment with the British Army training unit in Canada. He was participating in a night time live firing exercise. His role in the exercise was to act as a driver of a Landrover Wolf vehicle.
He was to drive behind a convoy of Warrior armed vehicles in order to remain readily available for the purposes of transporting the Commanding Major around.
The task of driving behind the convoy was particularly problematic because:
- The Landrover Wolf was not designed or suitable for negotiating the extremely rough terrain covered by the Warrior vehicles across the prairie, particularly in light of the deep tracks created by the Warrior vehicles.
- Visibility was extremely poor in the pitch-black night time conditions. The vehicles forming the convoy were illuminated only by means of dimly lit blue cyalumes which were difficult to make out.
- Unlike the drivers of the other vehicles in the convoy, Jonathan was not provided with night vision equipment.
- The windscreen wipers on Jonathan's vehicle were inoperative.
- Contrary to range standing orders Jonathan was not provided with a passenger and was driving alone. He was therefore required to drive, which involved keeping a careful watch upon the terrain immediately in front of the vehicle, while simultaneously attempting to maintain visual contact with the remainder of his convoy and to operate his handheld radio and map read.
In addition to the above Jonathan had received no training in relation to either night driving or to cross-country driving.
Part of the way through the exercise Jonathan was instructed by the Commander of the rear most armed vehicle to move away from the remainder of the convoy and to follow another trail track which was running adjacent to the convoy route. Although the new trail provided a flatter driving surface, it increased Jonathan's visibility difficulties in that he was now further from the poorly illuminated vehicles of the convoy, and no longer immediately behind them.
The convoy negotiated its way across a junction formed by the trail but Jonathan was instructed by safety staff to remain on the tracks. Unknown to Jonathan the track then split in two. Owing to poor visibility Jonathan was unable to see the fork and continued along the wrong trail. He became separated from the remainder of the convoy, which had veered the other way. He was lost and attempted to identify his location from the maps but was unable to do so. He therefore used his radio to ask for a location status report upon the whereabouts of the convoy. He was instructed by the Major who was aggressive saying it was not difficult and to 'return along the track and hurry up.'
Jonathan attempted to relocate the convoy but his vehicle drifted off the edge of the tracks. He attempted to correct the position but in doing so he skidded and lost control of the vehicle which flipped over violently, rolling onto its roof.
Clearly there was a lack of training, support and equipment provided to this young man.
Jonathan was rendered permanently paraplegic sustaining fractures of T5 and T6 vertebra and suffering a complete lesion of his spinal cord at level T5/T6. He also suffered a punctured lung and a drain was inserted whilst he was in theatre. He has had rods inserted into his spine from T2 to T9 and a bone graft has been taken from his hip and inserted into his spine to assist bone regrowth.
Jonathan lost a number of teeth and was badly bruised on his left arm. Since the accident he has suffered with shakes in his right arm. He is also dependent upon his wheelchair for mobility.
Lesley Casey was instructed by Jonathan after his transfer back to a UK hospital. He had been talking to one of the hospital staff. Lesley had worked with the hospital staff member on other cases and he knew of her expertise in military work and in cases like this. Jonathan believed that the Army were going to sort him out and provide him with a pension that would be adequate.
When Lesley met Jonathan and his family it was clear that he had been poorly advised and that after only a couple of years service in the Army his pension would not be adequate.
Jonathan had urgent physical and emotional needs which were not going to be catered for without support and help and an immediate assessment of the legal situation.
Lesley was able to swiftly approach the MoD and in addition instructed Counsel to represent Jonathan at the Board of Inquiry, which is the MoD's internal fact finding expedition as to how a serious accident happened. This helped Lesley in ensuring that she was able to obtain as much information as possible as to how the accident happened in order to corroborate Jonathan's version of events and also to see where the strengths and weaknesses of his case were.
Clearly speedy intervention has ensured that Jonathan's case is well on the way to success. If he had not spoken to the hospital staff member and put in touch with Lesley he may still have thought his pension would have been adequate and may not have been legally represented at the Board of Inquiry. He would have soon found himself out of time and unable to make any claim.
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