A SOLDIER who accidentally shot and killed his best friend as they "played around" with weapons whilst on tour in Iraq has been jailed.

Lance Corporal Colin Theaker, 30, deliberately pointed his Glock pistol at LCpl Scott Hetherington, 22, before pulling the trigger not knowing it was loaded.

The pair, whose relationship was described as "brotherly", had been in their living quarters Iraq when the incident happened.

LCpl Hetherington, nicknamed "snowball", said: "no, no don't do that" prior to the shooting at around 4pm on January 2, 2017.

He died from a single fatal wound to the lower chest in what was described to the court as a "tragic accident".

But in the process, LCpl Theaker had unwittingly made ready his weapon and a round was in the chamber when he pulled the trigger, a court heard.

LCpl Hetherington, a vehicle commander in the Force Protection Platoon, became the first British soldier to have been killed in Iraq since 2009.

LCpl Theaker, who was part of a detachment from 2nd Battlion The Duke of Lancaster's Regiment (2 LANCS) based at Camp Taji, pleaded guilty to manslaughter by gross negligence last month.

BROTHERLY RELATIONSHIP

He was jailed for three years after being sentenced at Catterick Garrison court martial centre and dismissed from her Majesty's service.

LCpl Hetherington's partner, Savannah Brown had only given birth to their daughter Safaya-Rose three months before the fatal shooting.

He was buried with full military honours in his hometown of Middleton, Greater Mancs., three weeks after his death.

In an emotional victim statement, LCpl Hetherington's sister Sian told a court: "After I was told he died I was heartbroken. When I found out it was Colin I was even more heartbroken.

"Myself and Scott are siblings but I believe him and Colin are siblings.

"Him being sentenced is the worst thing that could happen to our family. If he was to be sentenced that's not justice for me, Scott or his family."

In a statement read out to court, LCpl Hetherington's mother Anne Hetherington added: "He [Theaker] made the biggest mistake you can make and he will pay for the rest of his life. He doesn't need to go to prison.

When help arrived after the shot was fired, LCpl Theaker told them he was "f***ing about with pistols drawing them, I shot my mate."

Him being sentenced is the worst thing that could happen to our family. If he was to be sentenced that's not justice for me, Scott or his family.

He added: "Why it was cocked I don't know."

Corporal Fenton, who was staying in the adjoining pod, heard 'no, no don't do that' less than ten seconds before the gunshot, a court heard.

He said: "I came back off a task, took my kit off and just remember sitting on my bed with my back against the wall.

"I could obviously hear Scott Hetherington and Colin Theaker just messing around and moving about which is what I heard most nights.

"They were always goofing around and next minute I heard a gunshot which I knew straight away was a gunshot. I knew straight away it was a negligent discharge.

"So, I remember from that day having some sort of bickering and arguing, it sounded like a lot of moving.

"I remember Hetherington saying something along the lines of no, no don't do that not knowing what it referred to.

"Because of that gunshot it brought into focus what I heard there. I could hear them every night having a laugh."

Mitigating, Ben Knight said LCpl Theaker has since been diagnosed with PTSD but told a court it was an "exceptional case" given the positive relationship with the victim's family.

He said: "He does not care about going to prison. He is used to a regimental lifestyle, it's nothing compared to the profound guilt and horror of what he did."

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