MoD Censured Nine Years After Tank Explosion Killed Two Soldiers
It took nine years, a coroner's inquest, and a formal government investigation to reach the maximum penalty a government body can actually receive.
The Health and Safety Executive has authorised a Crown Censure against the Ministry of Defence, alongside criminal charges against defence contractor Rheinmetall BAE Systems Land Ltd, over a tank explosion that killed two soldiers in 2017.
What Happened at Castlemartin
Corporal Darren Neilson, 31, and Corporal Matthew Hatfield, 27, died when an L30 gun exploded on a Challenger 2 tank at Castlemartin Range in Pembrokeshire on 14 June 2017.
Two other soldiers were injured in the blast, with one left with life-changing injuries.
A later coroner's inquest found the main cause was a design flaw that allowed the tank gun to be fired without a key safety component in place.
The coroner also identified a lack of written procedures for soldiers to follow as a contributing factor.
Who's Being Held Responsible
Rheinmetall BAE Systems Land Ltd, formerly BAE Systems Global Combat Systems Ltd, was responsible for producing the safety case for the tank and its gun system.
The Ministry of Defence held ultimate responsibility for the health, safety and welfare of its soldiers, and for ensuring that safety case was suitable and sufficient.
HSE has authorised a charge against Rheinmetall BAE Systems under Section 3 of the Health & Safety at Work etc Act 1974, for allegedly failing to ensure the health and safety of people not in its employment.
The MoD faces a Crown Censure under Section 2 of the same act, for allegedly failing to ensure the health, safety and welfare of its own soldiers.
Why the MoD Can't Simply Be Prosecuted
Government bodies like the MoD cannot face criminal prosecution the way private or commercial organisations can, due to Crown immunity.
A Crown Censure is instead the maximum sanction a government body can receive, and legal experts note it effectively records that a criminal prosecution would have followed if Crown immunity did not apply.
Neither the authorisation of criminal charges against Rheinmetall nor the Crown Censure against the MoD represents a finding of guilt at this stage.
A formal hearing will now take place, and the two sets of proceedings will run separately from one another.
Part of a Wider Pattern of Military Safety Scrutiny
Crown Censures against the MoD are rare enough that each one draws significant attention within defence and safety law circles.
The Castlemartin case has already featured in professional legal training material as an example of how high-pressure military equipment failures get investigated years after the fact.
That the design flaw itself was preventable, and that written procedures were found lacking, is likely to renew scrutiny of how the MoD signs off on equipment safety cases more broadly, beyond this single incident.
TL;DR
- The Health and Safety Executive has authorised a Crown Censure against the MoD over a 2017 tank explosion that killed two soldiers.
- Corporal Darren Neilson, 31, and Corporal Matthew Hatfield, 27, died in the blast at Castlemartin Range in Pembrokeshire.
- A coroner's inquest found a design flaw let the tank gun fire without a key safety component in place.
- Defence contractor Rheinmetall BAE Systems Land Ltd also faces a criminal charge over the same incident.
- Neither action represents a finding of guilt; a formal hearing will follow.
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Politics & World News Editor
James Mitchell has covered US and UK politics for over a decade, with a focus on elections, foreign policy, and Capitol Hill. He breaks down complex political stories into clear, fast analysis.
