Crown Censure authorised after two Royal Tank Regiment soldiers were killed in Challenger 2 explosion in Pembrokeshire nine years ago

THE MINISTRY OF DEFENCE is facing the strongest sanction available to the Health and Safety Executive after two soldiers were killed in a tank explosion at Castlemartin Range in Pembrokeshire.

Cpl Darren Neilson, 31, and Cpl Matthew Hatfield, 27, died when an L30 gun exploded on a Challenger 2 tank during a live-firing exercise on June 14, 2017.

Two other soldiers were injured in the blast. One was left with life-changing injuries.

The Health and Safety Executive has now authorised a Crown Censure against the MoD. It has also authorised the prosecution of defence contractor Rheinmetall BAE Systems Land Ltd.

Rheinmetall BAE Systems Land Ltd, formerly BAE Systems Global Combat Systems Ltd, was responsible for producing the safety case for the tank and gun system. The MoD held ultimate responsibility for the health, safety and welfare of its soldiers, and for the suitability and sufficiency of that safety case, HSE said.

HSE has stressed that neither the authorisation of a Crown Censure nor the authorisation of criminal charges represents a finding of guilt.

But the decision, coming nine years after the fatal incident, has raised fresh questions about delay, accountability, and whether all safety concerns identified after the deaths were fully addressed.

A Crown Censure is the maximum sanction HSE can issue against a Crown body. Because of Crown immunity, the MoD cannot be prosecuted in the same way as a private company.

If the censure is accepted or confirmed, it will amount to a formal public reprimand and an official record of failure. It does not carry a financial penalty.

The prosecution of Rheinmetall BAE Systems Land Ltd is a separate criminal matter.

What happened at Castlemartin?

The deaths of Cpl Neilson and Cpl Hatfield were examined at an inquest and through a Service Inquiry.

The incident happened during a live-firing exercise at Castlemartin Range, one of the UK’s main armoured vehicle training areas.

Previous findings identified a key issue involving the BVA assembly, a component linked to the gun system which helped prevent hot gases from coming back into the tank turret when the gun was fired.

The coroner’s Prevention of Future Deaths report found that the main cause of the incident was that the tank was able to fire without the BVA assembly being present.

The report said that, during the production and manufacture of the gun, the hazard of the gun being able to fire without the BVA assembly present had not been adequately considered or investigated.

After the gun was fired, extremely hot pressurised gases came back into the turret. The breech block then exploded, and flames were seen coming from the commander’s and loader’s hatches and the barrel.

The coroner also identified a number of other issues, including a lack of written process for checking the BVA assembly, confusion around the “prove the gun” drill, no written handover between crews, and a failure to correctly stow charges.

The report said the practice of unstowed charges had become routine in the regiment and had not been identified or addressed by senior officers.

Safety concerns raised after the deaths

Senior Coroner Louise Hunt raised three main areas of concern after the inquest.

The first was that soldiers were not clear about when the “prove the gun” drill should be used and what parts of the drill meant.

The second was that the Range Conducting Officer, who was in charge of the live-firing exercise, did not know the state of the tanks on the range and had allocated a stripped-down tank for a live firing exercise.

The third related to risk assessment. The coroner said HSE evidence had indicated that, had advanced or developed risk assessment techniques been used, the danger of the gun firing without the BVA assembly could have been identified during design and manufacture.

The MoD later said changes had been made after the incident.

Those included a ban on 120mm training ammunition immediately after the accident, a halt to Challenger 2 live firing while safety work was carried out, updated procedures, and extra checks around the BVA, obturator and shim.

The MoD also said a red “Do not use” cover had been introduced for guns undergoing maintenance, to make it clear when a gun was not in a safe condition to fire.

Questions now need answering

The HSE decision has brought the Castlemartin tragedy back into focus.

The Herald is seeking answers to a number of key questions.

Why has it taken nine years for the Crown Censure and prosecution decision to be authorised?

Will the MoD accept the Crown Censure?

When will the formal Crown Censure hearing take place?

What is the next legal step in the prosecution of Rheinmetall BAE Systems Land Ltd?

Are all safety measures introduced after the coroner’s report and Service Inquiry still in force?

Have all recommendations from the coroner and Service Inquiry been fully implemented?

Have there been any further changes to live-firing procedures at Castlemartin Range since the incident?

Have the families of Cpl Neilson and Cpl Hatfield been informed of the latest HSE decision?

The Herald is seeking comment from the Ministry of Defence, HSE and BAE Systems/Rheinmetall BAE Systems Land Ltd.

Separate proceedings

HSE said the Crown Censure proceedings against the MoD and the criminal proceedings against Rheinmetall BAE Systems Land Ltd are separate matters.

The Crown Censure relates to an alleged failure by the MoD to ensure the health, safety and welfare of soldiers under Section 2 of the Health and Safety at Work Act.

The charge against Rheinmetall BAE Systems Land Ltd relates to an alleged failure to ensure the health and safety of people not in its employment under Section 3 of the same Act.

A formal hearing will now take place in relation to the Crown Censure.

The criminal case against Rheinmetall BAE Systems Land Ltd will follow its own legal process.

Shop worker says she has been left anxious and struggling to feel safe after glass jar was allegedly thrown at her head

A DUTY manager at Iceland in Haverfordwest says she has been left shaken, anxious and struggling to feel safe at work after an alleged assault inside the store.

The worker, who has asked not to be named, said a man entered the shop late in the evening on Wednesday, July 1, became abusive, threw items from shelves and allegedly threw a glass jar at her head.

She told The Herald: “A male entered the shop late evening being abusive. He then proceeded to throw items off the shelves and threw a jar at my head.

“I didn’t know what to do. I was thinking of the customers still in and around the store.”

The duty manager said she later required medical treatment for a head injury.

She said: “I’ve had my head glued, had headaches and trouble sleeping. I’m still going to work but very anxious doing so.”

The incident is understood to have led to the store closing early. The Herald has been told police attended the scene and that a person was arrested and later bailed while further enquiries continue.

Dyfed-Powys Police has been asked to confirm the details of the incident, including the nature of any arrest, whether anyone has been bailed, and whether officers are appealing for witnesses or CCTV. The force told The Herald it was progressing the enquiry, but no formal statement had been received at the time of publication.

The worker said returning to the store had been extremely difficult.

“It was very frightening going back to work not feeling safe,” she said. “The memories are raw. The smells and visions are going to hang around for a while yet.”

She said customers and colleagues had rallied around her since the alleged attack.

“I can’t really speak for others that were involved,” she said. “However, all customers who are aware of what happened have shown great care towards me since the incident, and so have the staff.”

The duty manager said the incident highlighted wider concerns about abuse and violence faced by shop workers.

She said: “There’s not much a retail worker can do. Our options are limited. We can’t approach any customers. Our store has very little security options.

“We can only call emergency services and ask the person to leave. By the time emergency help has arrived, it’s usually too late, whether it’s your usual theft or incidents like this.”

She said more needed to be done to protect retail workers and the public in Haverfordwest town centre.

“There needs to be more security presence,” she said. “I’m not just speaking of Iceland, but I’m sure most shops in Haverfordwest are very open to thefts and abuse, from children up to impatient customers of all ages.

“Whether that’s police or stores employing their own security, something needs to happen.”

Despite the trauma, the worker said she wanted to thank those who had supported her.

She said: “I’d like to thank all the customers, the local shops in town and all my colleagues and family.

“Everybody who has heard of the situation has looked after me, and I’m definitely learning of the community spirit here in Haverfordwest.”

She added: “I know the locals know who I am but I don’t want the attention. I just need to heal and power through this.

“I’m just grateful for everyone’s help and only want everyone to feel safe at work.”

The Herald will update this story when Dyfed-Powys Police provides a formal response.

Henry Tufnell says Morrisons staff are “champions of the community” after hearing about holiday food support, food bank donations and charity fundraising

HENRY TUFNELL MP has praised staff at Morrisons in Haverfordwest after visiting the store and hearing about the work being done to support local families.

The Mid and South Pembrokeshire MP said he was “blown away” by the range of community initiatives being run by the supermarket team.

During the visit, Mr Tufnell met the store’s Community Champion and learned about schemes including free fruit and Kellogg’s breakfasts for children during the school holidays.

The store also works with customers and local groups to help collect and distribute essential items to food banks, supporting families who may be struggling with the cost of living.

Morrisons in Haverfordwest also runs monthly 50p paperback book sales in the foyer, raising money for Marie Curie.

Mr Tufnell thanked the team for welcoming him and praised their contribution to the town.

He said: “Had a great visit to Morrisons and was blown away by everything they do to support local families.

“They provide free fruit and Kellogg’s breakfasts for children through the school holidays.

“They work closely with the community to help customers donate and distribute essentials directly to local food banks.

“They also run monthly 50p paperback book sales in the foyer to raise vital funds for Marie Curie.

“Thank you so much to the team for welcoming me. You are truly champions of our community.”

The visit highlights the growing role supermarkets and community champions play in supporting families, charities and food banks across Pembrokeshire.