THE TRAGIC death of a firefighter during a training exercise almost five years ago has been officially ruled as an accident by an inquest jury.
Josh Gardener, 35, from Milford Haven, suffered a fatal head injury on September 17, 2019, while training with the Mid and West Wales Fire Service on the Cleddau River.
The incident occurred when the vessel carrying Mr Gardener collided with another inflatable craft, leading to a devastating impact that threw him into the water. The collision resulted in a severe head injury described as a “deep chop wound.” Despite immediate rescue efforts by a crew member who jumped into the water, it was evident that Mr Gardener’s injuries were fatal. He was pronounced dead at 11:55 am after the crew arrived at Neyland Yacht Club, where they were met by ambulance and police services.
The inquest, held at Pembrokeshire Coroner’s Court in Haverfordwest and led by acting senior coroner Paul Bennett, opened with a post-mortem examination revealing that Mr Gardener died from a “disruption of the head.” The jury concluded that the incident was accidental after hearing evidence of the circumstances surrounding the training exercise.
Mr Gardener had joined the fire service just a year before his death, fulfilling a lifelong dream of working in emergency services. Previously, he had worked as an offshore wind farm technician. His family, in a heartfelt statement read during the inquest, described him as a “son to be proud of” and a devoted father of two who cared deeply for his family.
The Marine Accident Investigation Branch (MAIB) report presented during the inquest highlighted several issues in the preparation and execution of the training exercise. The report pointed out that the exercise had not been adequately planned and that there was a lack of clear leadership and coordination. It was noted that neither vessel was keeping an effective lookout, resulting in a failure to maintain awareness of the boats’ relative positions and movements.
A crucial finding of the MAIB report was that the helmsman of one of the vessels had inexplicably undertaken a full circle turn despite the proximity to the other craft. This manoeuvre, against the agreed plan to rendezvous further upstream, led directly to the collision. Additionally, it was revealed that protective headgear was available on both vessels but was not worn by any crew members, as it was considered uncomfortable and obstructive to communication. However, the MAIB report concluded that even if Mr Gardener had been wearing a helmet, it is unlikely it would have prevented his death.
The inquest also disclosed that the Mid and West Wales Fire and Rescue Service’s pre-activity planning requirements were not met, and standard operating procedures were not followed. No individual had been assigned overall responsibility for the activity, and there was no designated person in charge during the exercise.
Following the inquest’s conclusion, the family of Mr Gardener expressed that the verdict provided a sense of closure and acknowledged the ongoing investigations by the Health and Safety Executive and the Marine and Coastguard Agency. They emphasised the significance of the MAIB report, which underscored systemic failings within the fire service.
In a tribute read during the hearing, Mr Gardener was remembered as a “committed and caring family man” who had always aspired to serve in the emergency services. His dedication to his role and his family was profoundly evident.
Chief Fire Officer Roger Thomas of the Mid and West Wales Fire and Rescue Service extended his condolences to Mr Gardener’s family, acknowledging the profound impact of the tragedy. He assured that the fire service had implemented several new practices and reviewed procedures to prevent such incidents in the future.
“We hope that the conclusion of the inquiry brings some form of closure to the family,” said Mr Thomas. “We have learned from this investigation and are committed to continuous improvement to ensure the safety of our personnel during training exercises.”
The significant amount of time between the tragic accident and the inquest is due to legal wrangling. The Fire & Rescue Service sought a judicial review of the Coroner’s decision, based on seven grounds. This brought to light several pressing issues:
- Report Presentation in Inquest: A significant contention revolved around how the MAIB report should be presented before the jury. The Fire & Rescue Service challenged that fairness requires them to question criticisms in the report and to give evidence in response.
- Fresh Investigation Consideration: The Fire & Rescue Service claimed the Coroner misapplied the criteria to determine if a fresh investigation was necessary rather than relying on the MAIB report.
- Misunderstanding of Applicable Law: The Fire & Rescue Service alleges that the Coroner misunderstood regulatory standards, leading to a flawed perspective on the MAIB’s investigation and report.
- Engagement with Submissions: The Fire & Rescue Service believed the Coroner misunderstood its submissions and failed to engage with them adequately in the Ruling. This, they argued, resulted in an incomplete and potentially skewed analysis of their challenge.
Mr Justice Eyre, after a comprehensive review of the presented facts and arguments, dismissed the application brought forth by the Mid and West Wales Fire & Rescue Service in July 2023. The judge’s decision was rooted in procedural rigour, clarity over jurisdictional matters, and understanding the scope and purpose of the inquest.
