Conservationist killed by own gun died accidentally, inquest rules

1:20pm Tuesday 21st October 2008

A CONSERVATIONIST who died after he was shot by his own gun was killed by accident, an inquest jury ruled today.

Stephen Hall Franklin, a trustee of The Otter Trust, was being towed on a home-made two-wheeled chariot across a rutted moorland track when his loaded double-barrelled shotgun discharged, hitting him in the neck and head.

The married father-of-two was killed instantly by the gunshot, which went off within inches of his face.

Mr Franklin, 58, a senior barrister, was visiting a nature reserve owned by The Otter Trust on Thorn Hope Moor in County Durham in order to try and bag a red grouse, the inquest in Darlington heard.

The conservationist, whose efforts prevented the otter from being hunted to extinction in the UK, met northern reserve gamekeeper Alan Collingwood at Newlands Farm, near Frosterley, Weardale, at 10am on August 24 last year.

The pair hitched to the quad a two-seated steel chariot built to ferry The Otter Trusts elderly founder Philip Wayre on to the moors, and drove to the heather moorland reserve, which is home to a population of black grouse, an endangered species.

When they reached the moor Mr Franklin, who was riding in the chariot, cocked and loaded his double-barrelled shotgun.

He told Mr Collingwood he'd shout 'stop' should he spot a red grouse, so he could take a shot.

But soon after driving on to the moor along a heavily rutted and boggy access track, Mr Collingwood heard Mr Franklin's shotgun discharge and the barrister fell dead from the chariot.

Home Office pathologist Dr Jennifer Hamilton told the jury inquest Mr Franklin's gun was pointing at his head when it went off, hitting him from an acute angle below the chin in the left side of the neck and causing very substantial damage to his neck, spine, skull and brain.

She said the gun had been a small number of inches away from his head when it discharged.

The jury delivered its verdict after 45 minutes deliberation.

Coroner for County Durham Andrew Tweddle said: "There are no winners or losers in an inquest as there might be in the court. Mr Franklin's family has had to sit through some harrowing evidence and has borne it extremely well."

Mr Franklin's wife Julie wept as the verdict was announced.

A firearms expert for Durham Police told the inquest it was possible Mr Franklin died after his weapon was triggered by a buckle on his Wellington boot.

Firearms officer Pc Christopher Barber subjected Mr Franklins gun, a right-handed 26ins double-barrelled shotgun with two triggers and recoil pads behind the trigger guard and stock, had at the time of his death recently been serviced and was in good working order.

He subjected the weapon to a series of trigger pull tests, impact tests, and drop tests and concluded it could not have gone off unless something had hit or pulled the first trigger, which discharged the right barrel.

And he said there was nothing within easy reach within the chariot which could have triggered the weapon.

But he said it was possible the buckle on the side of one of Mr Franklins studded Wellington boots had, as he was driven across the moor while sat on the chariot, slipped inside the trigger guard and pulled the trigger.

He said: "The trigger guard was not fitted correctly. It had been screwed on and was not fully tightened - it was one full turn of the screw out - so there was an extra couple of millimetres space than there would have been.

"Once a shotgun is cocked and loaded it is like a mousetrap - it opens the barrels and the hammers are set back.

"They are caught by the sear on the trigger. If we press the trigger it disengages the sear and the hammers fly forward and the weapon would discharge.

"He was wearing Wellingtons with very, very prominent buckles on the outside and from some tests I did seated in the chariot with the shotgun propped on the floor by my side, the location of the buckle on the boot was very close to the trigger mechanism.

"As the strap goes into the buckle it forms a D and that was in very, very close proximity to the trigger guard.

"The fact that space in the guard is slightly increased meant it was possible to put the buckle from the welly inside the trigger guard and with pressure, that would actually discharge the weapon.

"If there was any movement of the foot or the gun and the unfortunate situation arose where the two met it was possible for the buckle to enter the trigger guard and - if the weapon was being carried without the safety mechanism engaged and loaded - cause the gun to go off."

He said Mr Franklin could have reached the trigger to fire the gun himself, adding: "To carry a fully loaded and made ready firearm is very dangerous and cannot be condoned."

Mr Franklin, of Wacton, near Diss in Norfolk, was described as a gentle, courteous, charming man who loved the countryside and had a great zest for life.

His wife of 27 years, who runs a bed and breakfast in Wacton, said she admired her husband, but could be infuriated by his cavalier attitude to his own safety.

He was HIV positive, but had responded well to treatment and was in good health.

The Otter Trust is an environmental charity dedicated to the protection and conservation of otters and their habitats. It has wider concerns including the protection of black grouse populations and custodianship of their moorlands.

The inquest was held before a jury because the Health and Safety Executive was involved in the investigation to Mr Franklin's death.