Special forces unit identified at inquest into soldier’s death

THE Ministry of Defence has dropped attempts to prevent the public identification of the unit a special forces soldier was serving with when he took his own life, an inquest has heard.

Corporal Alexander Tostevin, 28, was with the Special Boat Service, based in Poole, Dorset, when he died at his home in March 2018.

The serviceman had been decorated for bravery after saving the lives of British troops in battle against the Taliban in 2010.

The MoD had twice made applications to prevent the special forces unit being publicly identified and, on both occasions, Brendan Allen, area coroner for Dorset, rejected them, saying the openness of proceedings would be affected.

“The unit with whom Alex served is relevant and of legitimate public interest,” he said.

“It is relevant that these events occurred at a time when he was vulnerable due to the deterioration in his mental health.

“To redact the name of the unit from the inquest, where the name and the fact that Alex served with that unit is so widely and openly available, would be to risk discrediting the inquest proceedings.”

Publication of his rulings were banned under a court order that lapsed on Monday, which would have allowed time for his findings to be judicially reviewed by the High Court. On the eve of the inquest resuming at Bournemouth Town Hall, lawyers for the MoD attempted to persuade the coroner to “hold the ring” – by maintaining his reporting restrictions and not have military witnesses confirm or deny Cpl Tostevin’s membership of the Special Boat Service or their own, until he had reached his conclusions.

Dijen Basu QC, representing the MoD, told the court: “What would be held back here, if you were to cede to our request until after you reached your conclusions, would simply be the confirmation of the name of the specialist military unit.

“It would not stop Cpl Tostevin’s family expressing both in the evidence or publicly what they believed the nature of Cpl Tostevin’s service and the press reporting what they say and perhaps speculating on the nature of the service.”

Following oral submissions from lawyers representing Mr Tostevin’s family and the PA news agency, Mr Allen refused the MoD’s application.

Kirsten Heaven, representing the Tostevin family, said they were “deeply shocked” on the eve of the inquest at the MoD’s “full frontal attack” on the coroner’s two previous rulings.

“The family have waited a very, very long time for this inquest and would not want it to go ahead with any fudge or compromise or threat of judicial review hanging over at the end,” she said. “That is the worst of all worlds for the family.”

After a short break, the MoD confirmed it would not be pursuing a judicial review and the inquest would continue, with the first witnesses due to give evidence today.

Speaking afterwards, the Tostevin family’s solicitor, Jocelyn Cockburn, from Hodge Jones & Allen, said: “The conduct of the Ministry of Defence has been appalling.

“They have tied up the court and family over the last three years with legal representations designed to prevent scrutiny of medical care that Alex received whilst serving as a corporal in the Special Boat Service.

“On Friday, in a letter to the coroner, the family felt compelled to call out the conduct of the MoD for what it was – an attempt to bully the coroner to overturn his rulings and restrict reporting of the unit in which Alex served.

“Today the MoD capitulated and removed its threat of a judicial review challenge.

“This shows their stated concerns about national security and safety were nothing more than tactics deployed to control these inquest proceedings.

“The family do not want the inquest to be hijacked by the MoD’s tactics and are pleased that this conduct has been today exposed for what it is – a discreditable attempt to close down this inquest.”