Parents of Kaylee McIntosh are haunted by Army's 'murder' of daughter

Following the publication of a damning fatal accident inquiry report into the tragedy, the parents of 14-year-old Kaylee McIntosh demanded that criminal charges be brought against the cadet force officers and the Army top brass they hold responsible for her death.

In his findings, Sheriff Alasdair MacFadyen listed a number of failures contributing to the tragedy after the boat the cadets were in capsized.

The youngsters had been given the wrong lifejackets, no-one had obtained a weather forecast, there was no safety boat and no headcount was carried out after the incident – leading to a 90-minute delay before it was noticed Kaylee was missing.

Fighting back tears, Kaylee's father, Derek McIntosh, said: "The Army murdered Kaylee. It is as plain and simple as that. Kaylee didn't just die because someone made a silly mistake. She died because of a horrific catalogue of reckless and irresponsible conduct by those in charge.

"We believe that amounts to criminal conduct, and there have to be criminal pro secutions against those responsible."

Speaking for the first time since their daughter died in August 2007, when the overloaded rigid raiding craft capsized in storm-lashed seas off the Western Isles, trapping her underneath, Derek and Lesley McIntosh told how they been badly let down and left feeling "angry, disappointed and disgusted" by the FAI determination.

It was issued yesterday by Sheriff MacFadyen, who presided at the ten-day inquiry into Kaylee's death.

The couple, who now plan to sue the Army for negligence, claimed the sheriff had failed to deliver the justice Kaylee deserved and had fallen short in making the "tough" recommendations required to prevent a similar tragedy happening again and devastating another family.

Mr McIntosh, 41, said: "This was a case of dangerous and reckless behaviour time and time again. Nobody has been charged and everybody just walks (away] scot-free. It's not right. Those responsible for murdering Kaylee have to face criminal charges.

"But it shouldn't just be those involved on the day. Those higher up the chain of command also have to be brought to book for all the failings that allowed such a terrible thing to happen. We are still so angry with the Army and the people they left to look after our precious daughter. She was such a special person and they showed total disregard for her and her safety."

His wife Lesley, 41, shaking with emotion, told how she was still haunted by the vision of the life of her beloved daughter ebbing away as she was trapped beneath the upturned boat.

The inquiry was told that Kaylee, from Fyvie in Aberdeenshire, died beneath the boat while Major George McCallum, the officer in charge, hauled other cadets to safety above her.

Mrs McIntosh said: "They were squeezing out the air space that was keeping Kaylee alive. That vision haunts us every time we close our eyes."

Kaylee's parents, speaking at a press conference at the office of their lawyers in Aberdeen, condemned the sheriff's failure to apportion blame.

They pointed to two cadet officers who had been involved in the tragedy – Major McCallum and Vicky Lorimer, an adult instructor who had been trapped at one stage under the upturned hull with Kaylee. She was rescued – yet failed to tell officers Kaylee was still trapped.

Mrs McIntosh said: "The sheriff said it was not his job to blame anyone but he singles out Major George McCallum as being responsible for a whole catalogue of the wrong decisions that caused the tragedy.

"The thing we find hardest to live with is the fact that, even after all these terrible decisions, and even when Kaylee was trapped under the boat, she could have so easily been saved if he had kept a proper count of everyone on board.

"But instead he climbed on to the upturned hull of the boat, and hauled youngsters up beside him, and all the time they were squeezing out the air that was keeping Kaylee alive."

Mr McIntosh said: "The sheriff also said it would be wrong to blame Vicky Lorimer because she was hysterical at the time.

"But we can't understand how anyone could come out from under the boat without at least telling someone there was still another child trapped."

Mrs McIntosh said: "If she isn't to blame, it calls into question how the Army selects and trains adults to look after children."

Both parents insisted Major McCallum and Ms Lorimer were not the only ones they held responsible. Mrs McIntosh said: "It's everyone that was involved on that day. And not just them – the people above."

Jayne Crawford, the solicitor for the parents, said Mr and McIntosh intended to sue the Army in the Court of Session for negligence.

A spokesman for the Crown Office confirmed the possibility of further proceedings was now being examined.

Brigadier David Allfrey, commander 51 (Scottish) Brigade yesterday issued an apology on behalf of the Army. He said: "The loss of any child in these circumstances is inexcusable. We are deeply sorry for the failings that contributed to Kaylee's death.

"This long inquiry must have been unimaginably difficult for the McIntosh family, but it is very necessary to ensure everything that can be learnt is learnt."

Captain Allan Marsh, enforcement officer with the Maritime and Coastguard Agency, said the inquiry was "a masterclass in laying bare the chain of inadequacies and omissions" of those who had responsibility for the safety of Kaylee and the other cadets and had let parents down.

Sheriff details failure upon failure and rules that single, simple precaution could have saved her

KAYLEE McIntosh's life could have been saved by reasonable precautions being taken before the ill-fated boat trip which led to her death.

In a damning report, listing a catalogue of failures by adult officers, Sheriff Alasdair MacFadyen said the Army Cadet Force (ACF) had "elaborate and well-developed" procedures for holding camps but they had not been followed on this occasion.

Kaylee, 14, was in one of three rigid raiding craft carrying cadets on an exercise off South Uist when it capsized, trapping her under the hull. She was wearing the wrong type of lifejacket, which pinned her beneath the boat and prevented her escaping.

Due to confusion over numbers, it was 96 minutes after the capsize before she was reported missing.

Sheriff MacFadyen, who presided over a fatal accident inquiry into Kaylee's death, said: "Kaylee's life might not have been lost had some of the precautions been taken singly, for example the headcount on the water or the issuing of the correct size of lifejacket.

"It was reasonable for the young people and their parents to expect that the camp organisers would have safety of the cadets at the forefront of their minds at all times.

"The evidence disclosed that expectation was not met."

He said the causes of the accident included the boat operating in conditions at or beyond its capacity, the fact that it was overloaded, and self-bailing devices to ship water not being opened until just before capsize.

The sheriff highlighted the fact that no-one had obtained an up-to-date weather forecast that would have made it apparent conditions were too severe; no advance reconnaissance trip had been made; there was no separate safety officer for the trip; and no risk assessment had been made of the exercise.

No headcount was taken of those on Kaylee's boat before it set off, there was no manifest of those on board held by a shore-based adult instructor, and no headcount or nominal roll-call was made of those thrown into the water after capsize.

There was also no fourth boat designated as a safety vessel, Coastguards were not told of the trip in advance and not all the instructors had detailed information of the route.

Sheriff MacFadyen criticised the failure of a system that should have prevented issuing the wrong type of lifejackets to the cadets when it was "self-evident" that they were unsuitable.

"That was a defect in a system of working and requires urgent attention."

He also condemned the lack of a safety officer, the absence of reliable radios on board the boats and the method of acquiring the boat in which Kaylee was travelling.

The findings say that David Adams, commander of the two-star cadre of which Kaylee was a member, and David Taylor, the camp commandant, appeared content to leave all aspects of waterborne activities to Major George McCallum.

Matters were not helped by Ian Hay, the training safety adviser, also having responsibility for training and safety for another battalion camp, taking place at the same time in Weymouth, Dorset.

The sheriff said: "In my view, all of that painted an unsatisfactory picture of the volunteer officers, one of whom was described as 'camp commandant' leaving the responsibility for a potentially dangerous activity to one individual because he had experience and qualification in boating, without applying any crosscheck of what was intended or even whether the activity had been assessed in terms of accepted army and ACF procedures for risk."

He said had a proper risk assessment been made, it may have picked up failings and led to the trip being aborted.

The sheriff blamed Major McCallum's "ignorance of or unfamiliarity with the vessel" for overloading it with personnel and equipment.

He said that had Major McCallum known a cadet was missing, he was sure he would have made great efforts to find her:

"However, the steps taken to count those who had fallen from the Rigid Raider II can only be described as haphazard and inadequate."

Her life in their hands: The seven key figures and what they did – and didn't do

THOSE with responsibility for consideration of risks during the cadet camp included:

Major George McCallum, cadet executive officer. Currently suspended. He was employed as a full-time executive officer for the Highland and Islands reserve force and held a Territorial Army commission at the rank of major. He was in charge of the boat trip, and cox of the boat on which Kaylee was a passenger. He said he felt competent to undertake the trip but others felt he was not qualified. He said the fact the Army had implemented a number of safety measures since the accident was an acknowledgment it was "not wholly fit for purpose".

Ian Hay, the training safety adviser. He told the inquiry that he was unaware the cadets were to be travelling by boat until he heard of the capsize, believing they were going by minibus.

Lieutenant Charles Milne, now captain. An officer in charge of one of two other boats on the trip. He admitted at the inquiry he was ill-prepared for the trip as he did not have a map, an Admiralty chart, had not seen a weather forecast, and had never been over the route before.

Captain Fergus Gatt, now major. A cadet instructor, he told police he thought the boat trip was an "unnecessary jolly", but he would have asked for it to be stopped had he thought it was unsafe.

Major David Adams, now captain, the two-star cadre commander. Compiled the training programme for cadets being taken on exercise by minibus. He had no concerns about the safety of the boats but relied on the expertise of Major McCallum.

Major Norman Donald, now colonel, Commandant 2nd Highlanders ACF. Said that Maj McCallum was the qualified person for boating activities and had been delegated the responsibility to organise the activity.

Colonel Commandant David Taylor, now retired. Had overall responsibility for safety at camp. He admitted he knew nothing about boating and relied on Maj McCallum. He had raised concerns about lifejackets and a safety boat, and assumed that someone was acting as safety officer on the day of the boat trip.

JOHN ROSS