Soldier’s family awarded damages for Iraq death

Mar 18 2010 by Alistair Watson, West Lothian Courier

THE family of a Whitburn soldier who died “a horrific death” in Iraq have been awarded damages of more than £43,000.

A judge at the Court of Session in Edinburgh criticised the army for the death of Sapper Robert Thomson, (22), of the Royal Engineers who was killed when a trench collapsed and buried him in January 2004.

His tearful mum, Margaret Valentine, (53), heard judge Lord Bonomy declare the army had been negligent as he announced that she had won her case against the Ministry of Defence.

The judge’s decision marks the end of a six-year battle for Margaret to get answers about the accident which killed her son in Basra.

An army inquiry blamed Sapper Thomson for the accident but his mum claimed it was “a whitewash.”

She refused to accept the military’s claim that her son had ignored obvious dangers and gone into the trench to collect a soil sample from the bottom, knowing the walls were not supported.

Lord Bonomy attributed 80 per cent responsibility to the Ministry of Defence and 20 per cent to Sapper Thomson.

But Margaret said she was happy with the outcome of the case.

“It has taken six years and it was never about the money,” she said. “Money would never bring him back, supposing they gave me forty million pounds.

“My laddie died a horrific death. He struggled to get out but couldn’t.

“It was about getting here, a judge ruling that there was negligence. It was totally unsafe work and there was no regard for his safety.

“I always knew he never entered the trench of his own volition.”

Solicitor Patrick McGuire, who handled the case for Margaret described the accident as “one of the worst examples of a complete disregard for health and safety” he had seen.

The court heard that Sapper Thomson died during his fourth tour of duty in Iraq. The former Whitburn Academy pupil was a trained heating and plumbing engineer installing and maintaining showers for military personnel. Manpower shortages meant he was sent to help a group building a permanent jetty at Basra Palace on the Shatt al Arab waterway.

Because of the need to check ground stability another soldier was using a mechanical digger to take out a trench three metres deep and 600mm wide. Every time the soil changed colour they would take a sample to their sergeant.

On one occasion they were told there was not sufficient soil from the bottom of the trench and were sent back to get another sample. The digger driver saw Sapper Thomson struggling in the bottom of the trench and shouting for help. The side of the trench had collapsed and buried him and rescue attempts failed.

Margaret’s legal team claimed supports should have been used to shore up the trench because the ground was damp and there had been water seepage. Sapper Thomson had no skill in such projects and the task could not be carried out safely by just two men, they added.

The MoD contested the claim, insisting that Sapper Thomson’s training would have taught him the dangers of trench digging and the possibility of collapse.

They said the accident was his fault for going into the trench and digging with a shovel.

Lord Bonomy awarded Margaret of Gardener Crescent, Whitburn, £42,000 and also ordered the MoD to pay £1200 to the soldier’s brother, Steven, 20.

Devoted Motherwell fan Robert, known to his friends as Rab, joined the 35 Engineer Regiment in 2002. He was posthumously awarded two medals from Iraq for Operation Telic One and Three.

A special stone was erected at Whitburn’s War Memorial with his name, which was dedicated in a ceremony attended by friends and family, together with representatives from his regiment. Engineers from Rab’s regiment also made a special bench in honour of their fallen comrade, which is sited near his grave in Whitburn Cemetery.