THE FAMILY of a soldier shot dead by a member of his own troop have opened up on their disbelief of the Ministry of Defence’s failings.

Shoreham-born Lance Corporal James Brynin died when Lance Corporal of Horse Mark Kelly shot him on an intelligence mission in Helmand Province on October 15, 2013.

Initially, the fatal shot was thought to have been fired by Taliban fighters, but in early 2014 it transpired the bullet had been fired from Kelly’s gun, but the Ministry of Defence did not reopen the case.

The death of the 22-year-old, known as Jay, was treated as friendly fire until West Sussex coroner Penelope Schofield halted his inquest believing Kelly could be culpable of homicide.

The Albion fan’s parents Efrem and Sharon, who have been fighting for answers for more than two years, said: “The impact that our son’s death has had on us and the subsequent piecemeal disclosure of information from the Ministry of Defence regarding the circumstances of his death has been quite indescribable.

“We find it astounding to learn that despite substantial and very critical evidence having been gathered by the Royal Military Police, there was then no re-examination or scrutiny into how and why James was shot and killed.

“James was after all serving his country at the time of his death.

“We are therefore very pleased that the Coroner has adjourned the case in order for that evidence to be re-examined afresh before the inquest concludes.”

The Argus can also reveal today that the body in charge of prosecutions in relations to his death did not even know that a new investigation into whether L/Cpl Brynin died as a result of murder or manslaughter a full 24 hours after the coroner's shock ruling.

Speaking to The Argus, a spokeswoman for the Service Prosecuting Authority said: “Should further evidence come to light and the Royal Military Police reopen the investigation, then the Service Prosecuting Authority will provide advice to that investigation if requested and, if the case is referred for a decision on charging, make any such decision in accordance with the Code for Crown Prosecutors.”

L/Cpl Brynin, who worked as an intelligence analyst, had already been selected for promotion but was shot dead when his patrol was attacked in the area of Kakaran, north east of Lashkar Gah, Afghanistan.

Despite receiving immediate medical attention, L/Cpl Brynin, died from his injuries at the scene.

‘JAMES WAS AFTER ALL SERVING HIS COUNTRY WHEN HE DIED’

IN THEIR full statement, the family of Lance Corporal James Brynin’s said: 

“James was killed whilst on active duty during his second tour of Afghanistan on the October 15, 2013. His loss was devastating.

“To hear months later that James had been killed by one of his colleagues completely overwhelmed us. 

“That feeling has never gone away, if anything the sense of sorrow has increased in light of what we have heard over the past six days. 

“James was a high achiever in everything that he did. He would never approach anything in a half-hearted way. 

“He demanded the best from himself and those around him. James was mentioned in Despatches for his bravery on the day that he died and many others put their own lives in danger in an effort to try and save him. 

“As a family we are humbled and grateful for their efforts. 

“The impact that our son’s death has had on us and the subsequent piecemeal disclosure of information from the Ministry of Defence regarding the circumstances of his death has been quite indescribable. 

“We find it astounding to learn that despite substantial and very critical evidence having been gathered by the Royal Military Police, there was then no re-examination or scrutiny into how and why James was shot and killed. 

“James was after all serving his country at the time of his death.

“We are therefore very pleased that the coroner has adjourned the case in order for that evidence to be re-examined afresh before the inquest concludes. 

“We would like to take this opportunity to thank our legal team of barrister Mr Thomas Coke-Smyth and Hilary Meredith Solicitors and for the continued support of the Royal British Legion, as well as James’ many friends and colleagues who continue to support us.

“At this very difficult time we request that the press please respect our privacy whilst we now wait for the proper conclusion of the process.”