CRIMINAL prosecutions could still be possible over the deaths of three soldiers who died from heat illness suffered during an SAS selection march on the Brecon Beacons, an inquest heard.

Legal arguments have this week dominated the inquest into the deaths of Lance Corporals Craig Roberts and Edward Maher and Corporal James Dunsby Solihull over recent days.

A ruling is expected to be made by the coroner today (Friday)

Lawyers for Dyfed-Powys Police and the Health & Safety Executive are opposing an argument made by various media outlets for the disclosure of documentation to allow the full reporting of proceedings.

The inquest, in Solihull, has heard the three reservists died after suffering hyperthermia in temperatures of up to 27C (81F) during the exercise in the Brecon Beacons in July 2013.

At least seven more reservists experienced heat injuries.

The inquest has heard claims the march was not called off despite the heat because a cancellation would have generated “too much paperwork”.

In evidence, soldiers have given vivid accounts of running out of water, collapsing in the heat and having to be helped by civilians.

This week,  media outlets – including Newsquest, parent company of the Hereford Times - argued that witness statements provided to the coroner by the police should be disclosed to allow the inquest to be properly reported.

Alison Hewitt, for Dyfed-Powys police, counter-argued that the coroner was “not obliged” to provide witness statements, and should not do so.

Before the inquest, the Crown Prosecution Service had ruled out related prosecutions for manslaughter.

Subsequently, the inquest heard that the police could re-investigate with the HSE yet to make any final decision on what action to take.

Alan Fox, for the HSE, said there was a “compelling risk” that future criminal proceedings could be prejudiced and called for a “blanket ban” on the release of statements.

For the media, Caoilfhionn Gallagher cited a court of appeal ruling as setting out a “default position” by which  access to statements relied on in court should be permitted in the interest of open justice.

She said the idea that future proceedings could be prejudiced was “wholly overblown” and no criminal proceedings were active.

The coroner is expected to rule on the arguments today.

Meantime the inquest has continued, with two days taken up with evidence from a special forces training officer known as 1B who  made a risk assessment of the march hearing.

Asked about that risk assessment and his actions on the day, 1B said more than 70 SAS candidates, including the men who died, were making good time before a “catastrophic” situation unfolded.

Of the 78 who started the march, 71 were set to finish within the eight hours and 48 minutes target time with 1B saying they were doing well.

But 1B also said he felt some reservist candidates “didn’t know what they were letting themselves in for” with regard to the test week and what was required.

Reserve unit candidates had a high “degradation rate” during test week, with fewer than half making it through, he said.

Previously, 1B had been questioned by coroner Louise Hunt about the preparation reservists had in the week before the exercise.

This, the inquest heard, was not something 1B believed he needed to know, while a “conversation” with a reserve unit instructor indicated “good, strong” candidates.

1B was also questioned over the availability of water to the candidates.

He said: “ There were no transmissions saying that students were drinking more water than normal. There were no alarm bells at that time ringing in my head.”

The inquest continues.