Calls for inquiry after inquest into solider's death in 'friendly fire'

Grant Evatt, who represented the family of Lance Corporal James Brynin during his inquest last week, wants the Ministry of Defence (MoD) to hold an internal inquiry into how they dealt with the matter.

Mr Evatt, director of Hilary Meredith Solicitors, said: “The family will now be able to begin mourning properly and the MoD has promised that they will improve the way they deal with families during similar cases in future.

“There was mention in the lead-up to and during the recent inquest of holding a Service Inquiry, which I think should now be undertaken by the MoD to show they are dedicated to the families of servicemen and women and to respect the fact that this case was mishandled.

“It is possible that if an inquiry is held that the family will also be involved in the process.”

L/Cpl Brynin, from Shoreham, was shot dead aged 22 by another British soldier on an operation in central Helmand Province on October 15, 2013.

This shooting marked the 445th death in the British Armed Forces during the conflict in Afghanistan.

An inquest into the death of L/Cpl Brynin found that L/Cpl of Horse Mark Kelly “did not take sufficient care and fired in rapid succession” while resting his gun on the helmet of a fellow soldier.

The initial inquest into his death was held in March 2016 and was adjourned at Chichester Coroner’s Court amid concerns it may have been a homicide.

As part of a narrative verdict, West Sussex senior coroner Penelope Schofield ruled out an unlawful killing and said that after the inquest she would be writing a “letter of concern” to the MoD about how they managed the Brynin family.

Ms Schofield said: “There appeared to have been a complete lack of empathy and the family has been let down.”

Efrem Brynin, L/Cpl Brynin’s father, slammed the MoD by saying that they showed no empathy and sought to excuse themselves of any wrongdoing.

Mr Evatt said: “This long and draining process for the family has not been helped in any way by the MoD.

“The family have been through the muck. When you lose a son as they did in such a way he died it leaves a very bitter taste and a big hole in the family.

“You would think that they would have a very slick operation in dealing with bereaved families and it has been a mess throughout.

“There is a lot of room for the MoD to change how it manages these sorts of cases and they must learn to deal with family relations in a much more personal and empathic way in future.

“If they can’t do this I do not see why the parents of deceased soldiers should have to struggle to get the truth out of the organisations that their children fight to protect.”

An MoD spokesman said: “Our thoughts remain with Lance Corporal Brynin’s family and friends at this difficult time. His death was a great loss to them and as a highly professional soldier with a long career ahead of him, a great loss to the Army as well.

“We will now study the coroner’s findings and will need time to consider them fully.

“Until then we can’t really formulate a response to specific criticisms and it wouldn’t be fair for me to do so.”

The MoD will provide ongoing support to the family through their visiting officer (VO), who usually telephones the Brynins and continues to visit them at their home in Pulborough.

The VO accompanied the family to both inquests and will also attend any follow-up inquests that take place.

• Also read: The Argus leader column - MoD must learn

SON’S KILLER ‘WILL FOREVER HAVE BLOOD ON HIS HANDS’

LANCE Corporal James Brynin’s life was cut short when he was killed in Afghanistan.

The Brynin family’s long search for answers about their son’s death, after he was shot by Lance Corporal of Horse Mark Kelly, has come to an end after a recent inquest did not rule the incident as an unlawful killing.

L/Cpl James Brynin, 22, from Shoreham, signed up to the Armed Forces in February 2011 and died in October 2013 while carrying out intelligence work on the Taliban.

He was part of a troop carrying out intelligence work in the Kakaran area, north east of Lashkar Gah.

A spokesman for the Ministry of Defence said his unit deployed from Camp Bastion into Nahr-e Saraj in Helmand Province to counter an “imminent threat” to both Afghans and ISAF (International Security Assistance Force) personnel.

After coming under enemy attack, L/CoH of Horse Mark Kelly fired in the wrong direction and shot his fellow soldier.

L/Cpl Brynin died at the scene after receiving immediate medical assistance from his colleagues.

His body was repatriated to England on October 22, 2013, passing through Carterton where his mother, Sharon Brynin, paid tribute.

In a tribute at the time, L/Cpl Brynin’s family said: “Heart of a lion, we will always stand strong for you.

“We will never forget.

“Rest in peace.”

The first inquest into his death was held in March 2016 and was adjourned at Chichester Coroner’s Court under Rule 25(4) of the Coroners and Justice Act 2015, amid concerns the incident may have been a homicide.

It rule states: “A coroner must adjourn an inquest and notify the Director of Public Prosecutions, if during the course of the inquest, it appears to the coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence.”

During the hearing, L/CoH Mark Kelly turned to apologise to the Brynin family and said he was “terribly sorry”.

Following this six-day inquest, it was later revealed by the Service Prosecuting Authority that it had not received the referral it was meant to in relation to the incident.

At the time, Efrem Brynin, L/Cpl Brynin’s father, said: “It seems so incredibly tragic he could be taken away from us in this way.

“The fact he was shot by one of his colleagues is overwhelming and to be let down so badly is something I know he would find very hard to take.”

The MoD’s Service Prosecuting Authority later reviewed the referral and the inquest continued in August when a decision was made not to prosecute and the inquest was to continue on January 16 this year.

The inquest held last week heard that L/Cpl Brynin was not “unlawfully killed” and concluded there would be no prosecution.

Coroner Penelope Schofield told the resumed inquest L/CoH Kelly had not taken “sufficient care”.

Efrem Brynin said: “His errors led directly to our son’s death. He has, and will forever have James’s blood on his hands.”

AN OUTSTANDING SOLDIER

TRIBUTES from L/Cpl Brynin’s officers, friends and family commended his skill, intelligence and bravery.

Lt Col Mark Purves, commanding officer of the 14th Signal Regiment (Electronic Warfare), said: “Bright and engaging, Lance Corporal Brynin was immensely popular and an outstanding soldier in every respect. Having already completed one tour to Afghanistan, his appointment to support the Brigade Reconnaissance Force was indicative of his talent and leadership qualities. He was fit, determined and genuinely wanted to make a difference.”

Lt Col Richard Slack, commanding officer of the 9th/12th Royal Lancers, the Brigade Reconnaissance Regiment, described L/Cpl Brynin as “a star, burning bright and rising fast”.

Lt Col Mark Purves, commanding officer 14th Signal Regiment (Electronic Warfare), said: “Bright and engaging, Lance Corporal Brynin was immensely popular and an outstanding soldier in every respect.”

Speaking in his #IRemember campaign video, Efrem Brynin said: “James had many positive attributes but what I really remember about him was his courage, his commitment and his integrity.

“He was posthumously awarded a Mention in Despatches for his bravery on the day, saving the lives of others whilst laying down his own, no better examples of those qualities.

“So today, like every day, I remember my son and my best friend James Brynin.”

David Bell, a close friend of James Brynin, said: “It was easily the worst day of my life, but I am immensely proud to have known and served alongside him.

“I just wanted as many people from Brighton to know how much he loved growing up in the city and he was proud to tell people that’s where he was from.

“I’d like to think everyone from Brighton can feel proud that such a brave and selfless guy came from our city. Sleep easy buddy.”