His lawyer Simon McKay said the medical board had recommended the soldier should be discharged as a result of serious brain damagecaused following his collapse while on a charity run in the Amazon jungle four years ago.
"It only became an offence a very short time ago as victims dared speak up about the damage it caused them and people woke up to how serious it was, " she said.
At first, workers reported only minor damage underground but later more serious problems developed and cracks caused by the tremor caused methane gas to flood into the area.