Father hands petition to Downing Street after accusing MOD of 'gross negligence' over soldier death
Phillip Hoole spoke to ITV Border ahead of handing in his petition to Downing Street.
The father of a soldier who died during a military fitness test is calling for the Ministry of Defence (MoD) to be prosecuted for corporate manslaughter.
Phillip Hoole is heading to Downing Street, to submit a petition and letter addressed to the Prime Minister.
It calls for the establishment of a new regulatory body to oversee investigations into institutional failings, like the one he believes has occurred in the case of his son.
In 2016 his son, Joshua, a 26-year-old army corporal from Ecclefechan in Dumfries died whilst taking part in a fitness test in the Brecon Beacons.
The nineteenth of July 2016 was the hottest day of that year. Joshua Hoole and others were doing an Army Fitness Test (AFT); an eight mile march carrying 25 kilograms worth of kit through the Welsh Hills.
Just a few hundred metres from its end, Joshua, who was based at Catterick Garrison and who had previously served in Afghanistan and Iraq, collapsed and died.
"For the event they took part in the normal dropout rate is 2.5%," Phillip told ITV News. "On the day that Josh died, the dropout rate was 40%. 18 individuals out of 40 basically dropped out."
He added that some soldiers needed medical attention due to the intense heat, but said the test had carried on regardless and, he claims, in contravention of army policy at the time.
"The AFT wasn't going to stop for any reason, not even death," he said. "Even after my son collapsed and died, the remainder that were left still finished the test."
Phillip was first told his son had died due to Sudden Adult Death Syndrome.
But after fighting for a new inquest, a coroner in 2019 concluded that he had died due to a high cardiovascular workload following a combination of extreme heat and intense exercise.
In 2013 the same coroner had carried out an inquest into the deaths of three soldiers who died in similar circumstances to Joshua whilst attempting SAS selection.
After the inquest into Joshua Hoole’s death, six years later, she said the army had “failed” to learn from previous mistakes, calling this “deeply concerning.”
Phillip says he still does not believe he has got justice for the death of his son, who he believes died as a result of gross negligence on the part of the Ministry of Defence (MOD).
“What I'm looking for is an independent regulatory body,” he said of his petition.
“When with any government authority there's any idea of negligence, gross negligence, or a death has happened, that independent regulatory body gets to oversee the various different investigations and the evidence. “
“It would have the power to investigate itself, and have the power to bring forward prosecutions.”
He has also passed a body of evidence to police in Wales, and says the Crown Prosecution Service, or CPS, are examining it.
In what would be the first case of its kind, the former army veteran wants to see the MOD charged with the corporate manslaughter of his son.
“Policy will only really, truly change if there's a landmark case, a test case brought forward,” he told ITV News.
“So the Ministry of Defence can't backslide on its policy.”
He added that in a meeting with a CPS prosecutor, he’d been told that the case should have been looked at back in 2016.
“He actually admitted that I should never have had to investigate my own son’s death,” Phillip said.
In a statement, the Ministry of Defence said: “Our thoughts and sympathies remain with Corporal Joshua Hoole’s family and friends.
"The coroner’s inquest identified an underlying cardiac susceptibility as being the causal factor in Joshua’s death. However, we recognise that heat combined with strenuous exercise were significant contributory factors.
"This tragic event was rigorously investigated by a Service Inquiry. Lessons and recommendations were identified, and we’ve made a number of changes and improvements to minimise risks to personnel.”
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