Soldier's parents suing over son's death

Ann and Michael Probyn, of Hawbush Road, Brierley Hill, have launched legal action after their son Daniel, 22, was killed in an explosion in Helmand Province in 2007. They claim Daniel was not properly equipped to combat Improvised Explosive Devices (IED) when he died.

Daniel, who was originally from Tipton, was killed in an attack on a compound.

Solicitor Emma Pearce, of Manchester-based McCool Patterson Hemsi which is handling the claim against the MoD, explained the Probyn's case today.

She said: "The basis of the claim is that Daniel was killed when an IED went off.

"At the time there was something available called an electronic countermeasure device (ECM) which counteracts the signal for these IEDs and can potentially stop them going off.

"Daniel was not issued with this piece of equipment. It may have saved his life."

Lawyers are preparing the case and will argue the lack of equipment breached Daniel's human right of a right to life.

Mrs Probyn, aged 49, said she and her 48-year-old husband Michael had decided to launch legal action "for other soldiers and other families".

"Since Daniel has gone how many soldiers have died because of the same thing, because they didn't have the equipment?" she said.

"We are doing this for other soldiers and other families. It's not the money, it's the principle. If my son had had this equipment it might have saved his life."

Guardsman Probyn was described by his comrades in the Grenadier Guards as an "amazing soldier" at his inquest. He had already been commended for his bravery in Iraq before his tour of Afghanistan.

Mr and Mrs Probyn were sent a handwritten letter of condolence by previous Prime Minister Tony Blair following their son's death.