A fresh inquest into the death of a soldier at Deepcut barracks will examine whether he was hounded to death by “bullying and harassment”, a court has heard.
The family of Pte Sean Benton, 20, raised concern that questioning of a retired sergeant over his conduct may be curbed and called for a jury to hear the case.
Benton, from Hastings, East Sussex, was found with five bullets in his chest in June 1995, shortly after he had been told he was to be discharged from the army. He was the first of four young soldiers to die of gunshot wounds at the Surrey barracks between 1995 and 2002.
A Royal Military Police investigation led to an initial inquest finding of suicide. No evidence was heard at that inquest about Benton’s experiences at Deepcut.
At a fresh pre-inquest hearing at the Old Bailey on Friday, a 10-point list was presented widening the scope to look at all the circumstances of his death. It includes the details of how he died and whether there was “any third-party action” involved in the death.
Benton’s state of mind will be examined, as well as how he was assessed and disciplined during his army career and what impact that may have had on him. The inquest also will look at any “systemic shortcomings” in relation to supervising trainees and managing their mental health.
Retired Sgt Andrew Gavaghan will be among 120 witnesses called to give evidence either in person or in a written statement.
Paul Greaney QC, for Benton’s family, suggested the Ministry of Defence would attempt to limit Gavaghan’s evidence to his dealings with Benton.
He said: “There will be an attempt made on behalf of Sgt Gavaghan and the MoD to restrict questions of his conduct only in respect of Sean himself. On behalf of the family, our submission is we must examine allegations of abuse or bullying of any recruit, not just Sean.”
Nicholas Moss, for the MoD, pointed out the officer was not on trial and did not have the same protection in the inquest as in a criminal case.
The coroner Peter Rook QC noted that the family wanted an inquest jury to decide the case and said he would rule on the matter in July.
A further pre-inquest hearing is due to be held on 20 September and a full inquest is expected to take place at Surrey coroner’s court in Woking from 24 January.
Benton’s family have campaigned for years for a full investigation into his death amid allegations he suffered prolonged physical and psychological bullying.
Benton’s sister Tracy Lewis and his twin brother Tony Benton, represented by the campaign group Liberty, applied for a second inquest in July 2015 and it was granted last year.