A lawyer for a soldier who is suing the Army over a death crash in Bosnia yesterday urged the judge to picture "the agony of the moment".

Barrister Michael Bowerman said that the 28-year-old armoured personnel carrier, driven by Green Howard John Paul Young, 26, from Loftus, North Yorkshire, was out of control as his commander yelled a warning. It then ploughed through a safety barrier on a mountain road and plunged 30ft down a cliff.

The commander, Lance Corporal Steven Thirlwell, also 26, from Buster Agnes, Driffield, East Yorkshire, was killed when he was impaled on his own rifle.

Private Young, 26, said he had reported excessive play in the left-hand tiller, which was used to steer the vehicle, and he is sueing the Ministry of Defence for negligence. The MoD is defending the action.

Mr Bowerman told Judge Tony Briggs: "He could not steer the vehicle because there was a defect, a lack of maintenance. It should have been condemned, it should not have been driven down this road. The vehicle should have been grounded, picked up for maintenance."

Private Young, who is now serving in Northern Ireland, suffered multiple injuries including broken legs and post traumatic distress syndrome, after the crash in Bosnia, on November 4, 1996.

Judgement is due to be given today.