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Soldier sentenced for fatal prank Soldier detained over fatal shot
(about 1 hour later)
A British soldier who mistakenly shot his colleague in the head in Iraq in 2007 has been sentenced to two years in an Army detention centre. A British soldier who shot dead a colleague while "playing" with a rifle in Iraq in 2007 has been sentenced to two years in an Army detention centre.
Aaron Kendrick, 20, of Fourth Battalion The Rifles, Wiltshire, was found guilty of manslaughter after he shot dead his friend while "playing" with a gun. Aaron Kendrick, 20, of Fourth Battalion The Rifles, based in Warminster, Wilts, was found guilty of manslaughter over the shooting in a bunk room in Basra.
They were in their bunk room in Basra and Kendrick told the court martial he had not realised the weapon was loaded. Kendrick told the court martial he had not been trained to use the weapon and had thought it was broken and unloaded.
His friend, 23-year-old Fijian Edward Vakabua, died instantly. His friend, Edward Vakabua, a 23-year-old Fijian, died instantly.
The bullet struck Rifleman Vakabua, known as "Vaka", from Suva, Fiji, as he lay on his bed.The bullet struck Rifleman Vakabua, known as "Vaka", from Suva, Fiji, as he lay on his bed.
Last Wednesday, a board of five Army officers - the military equivalent of a jury - took two hours to find Kendrick guilty.Last Wednesday, a board of five Army officers - the military equivalent of a jury - took two hours to find Kendrick guilty.
Sentencing him, Judge Advocate Jack Bayliss said Kendrick would serve 16 months at the military detention centre at Colchester - known as the "Glass House".
The judge said the board had decided not to dismiss him from the Army and it will be the decision of his commanding officer whether his services will be retained when his sentence is completed.
'Mucking about''Mucking about'
Sentencing him, Judge Advocate Jack Bayliss said Kendrick would serve 16 months at the military detention centre at Colchester - known as the "Glass House".
The judge said the board had decided not to dismiss him from the Army and it will be for his commanding officer to decide whether his services will be retained when his sentence is completed.
I am ashamed that my handling of the weapon resulted in Edward's death and I will carry that responsibility for the rest of my life Aaron Kendrick
"Your most culpable act was to point the weapon at another soldier lying in his bunk and pulling the trigger," he said."Your most culpable act was to point the weapon at another soldier lying in his bunk and pulling the trigger," he said.
"You were taught that you never point a weapon at anyone in jest or in the course of mucking about."You were taught that you never point a weapon at anyone in jest or in the course of mucking about.
"It was dangerous and reckless and an act which has cost another young man his life, devastated two families and lost the Army a good young soldier.""It was dangerous and reckless and an act which has cost another young man his life, devastated two families and lost the Army a good young soldier."
Kendrick, based at Warminster, admitted negligently discharging an L96 sniper rifle on 6 July 2007 but denied manslaughter. But he said he had shown remorse that was "deep, real and very evident" and the two-year sentence was imposed because it was the maximum that could be spent in military custody - sparing Kendrick from civilian jail.
The soldier said he was playing with a sniper rifle he was not trained to use, believing it to be broken and unloaded. But he told the hearing at Bulford military court in Wiltshire that he had not pointed the gun at his colleague. 'Full responsibility'
He said he had "squeezed the trigger" and there was a bang. After sentencing Kendrick, who joined the Army in 2005 and was awarded the Iraq medal, released a statement through his solicitor.
He told the hearing that he was "heartbroken" by what had happened. At no stage did he try to deflect blame and he assumed full responsibility for his actions and the consequences of it Colonel Patrick Sanders, commanding officer
"I have always accepted that I was responsible for the appalling consequences and I have to live with the memories of that incident and the aftermath," he said.
"I am ashamed that my handling of the weapon resulted in Edward's death and I will carry that responsibility for the rest of my life."
The court heard a statement from Colonel Patrick Sanders, commanding officer of Fourth Battalion The Rifles, in which he said Kendrick had shown "deep remorse, guilt and shame" over the incident.
"His reaction at the scene and his subsequent behaviour and demeanour suggested to me that he was and remained appalled at being responsible for the death of a fellow Rifleman and friend," he said.
"At no stage did he try to deflect blame and he assumed full responsibility for his actions and the consequences of it."
'Genuinely remorseful'
Col Sanders told the court that after returning to Britain, Kendrick had met Rifleman Vakabua's mother when she flew in from Fiji. She was in court to hear the sentencing but did not want to comment.
"She in turn showed extraordinary Christian spirit and embraced him and forgave him," added Col Sanders.
"She said, and I believe, that she would not have been able to forgive him had she not believed that he was genuinely remorseful and that he fully understood the appalling consequences of his actions."
Kendrick, whose home address was not disclosed by the Ministry of Defence, had admitted negligently discharging an L96 sniper rifle on 6 July 2007 but denied manslaughter.
He told the court: "I squeezed the trigger and there was a bang. I dropped the weapon. I remember running up to Rifleman Vakabua and that's as far as I remember."
The weapon belonged to a sniper who had left the room.
Two snipers, both lance corporals, were later fined £850 for leaving loaded weapons indoors, contrary to orders.