Justice for soldier buried alive then blamed for own death

THE family of a soldier who died in an accident in Iraq has been awarded £43,200 damages after a judge ruled that the army had been negligent in a trench-digging operation.

• A Scottish judge yesterday laid the blame for the death of Sapper Robert Thomson in Iraq in 2004 firmly on the army Picture: PA

Sapper Robert Thomson, 22, Royal Engineers, from Whitburn, West Lothian, suffocated when the 10ft-deep trench collapsed and he was buried under the soil.

His mother, Margaret Valentine, 53, was close to tears as Lord Bonomy announced at the Court of Session in Edinburgh that she had won her case against the Ministry of Defence.

The full implications for the army will become clearer when the judge issues the reasons for his decision in due course.

But for Ms Valentine, it was enough to hear a declaration that there had been negligence. She had believed since the accident in 2004 in Basra that others had been to blame, and regarded as a "whitewash" an army board of inquiry which suggested only Sapper Thomson had been at fault.

Sapper Thomson is thought to somehow have fallen into the unguarded trench, the walls of which had no supports. His mother refused to accept the army's contention that, in spite of obvious dangers, he had gone into the pit to collect a soil sample.

Lord Bonomy apportioned blame for the accident at 80 per cent to the MoD and 20 per cent to Sapper Thomson. "I am just happy that it has turned out this way and Lord Bonomy has ruled in Robert's favour," said Ms Valentine.

"It has taken six years and it was never, ever about the money. My laddie died a horrific death. He struggled to get out, but couldn't. It was about getting here – a judge ruling that there was negligence. It was totally unsafe work and there was no regard for his safety. I always knew he never entered the trench of his own volition."

Ms Valentine's solicitor, Patrick McGuire, of Thompsons, said he regarded the accident as "one of the worst examples of a complete disregard for health and safety I have seen in my career".

He added: "There had been a board of inquiry and a coroner's court hearing in England, but in her opinion both were sadly lacking in what they brought out.

"She thought the board of inquiry was a whitewash and that the coroner's hearing did not go into the subject deeply enough.

"We looked at a fatal accident inquiry in Scotland but that was not possible, and that left the perhaps blunt instrument of a personal injury claim. Finally, we have today's decision that the judge believes her son's death was caused by unacceptable failings on the part of the army. That is what this has always been about for her."

Ms Valentine was awarded 42,000 and Sapper Thomson's brother, Steven, 20, won 1,200.

The accident occurred on 31 January, 2004, during Sapper Thomson's fourth tour of duty in Iraq. His group was to replace a floating pontoon with a permanent jetty at Basra Palace, next to the Shatt Al Arab Waterway.

A colleague had been getting out of a digger when he saw Sapper Thomson at the bottom of the trench, calling for help. The soil was burying him and attempts to save him failed.

In the court action, Ms Valentine's lawyers said the side of the trench had collapsed. The ground had been damp and there was water seepage but no supports had been used. They added that Sapper Thomson was not skilled in civil engineering projects and that the task could not safely be performed by two men. There had been no risk assessment.

The MoD contended Sapper Thomson would have known from his training of the possibility of collapse. He would also have known not to enter the trench, but it was believed he had gone in and was digging. The accident had been solely his fault, it was claimed.