Army staff face trial over soldier's death

Private Michael Ross. Photo / Supplied

Three army staff will face summary trials tomorrow in relation to the death of a soldier who died during a training exercise.

Rifleman Private Michael Ross died during an exercise on Lake Moawhango, near Waiouru, on September 25, 2012.

The 29-year-old was just weeks away from being discharged from the army when he fell out of an under-inflated Zodiac.

His lifejacket failed to inflate because a used gas canister had not been replaced.

Tomorrow two soldiers will face summary trials at Linton Military Camp in relation to the death, the New Zealand Defence Force (NZDF) said today.

They will face charges under the Armed Forces Discipline Act 1971 of "negligently doing an act likely to cause loss of life while operating a boat contrary to [the Act], and negligently permitting a boat to be hazarded contrary to [the Act]".

One soldier will also face an additional charge of negligently failing to perform a duty contrary to the Act.

An Army sergeant will also face a summary trial in Palmerston North tomorrow, the NZDF said.

The soldier faces a charge of failing to comply with written orders.

In July last year the NZDF were prosecuted by the Ministry of Business, Innovation and Employment in relation to Private Ross' death, and pleaded guilty to one charge of failing to provide a safe working environment.

In sentencing, Judge Stephen O'Driscoll said Private Ross was let down by the widespread failures in safety protocols which amounted to a "systemic failure" by the NZDF.

The key failure was Private Ross' faulty life jacket but the judge also criticised a lack of safety checks, training, and operational errors.

NZDF was convicted and discharged, as a fine cannot be imposed on a Crown entity.

The Ross family had been paid $241,000 in reparation.