Overwork complaint unheard before fatal chopper crash
The Australian Defence Force inquiry into the July 2023 crash continues in Brisbane before former judge Margaret McMurdo.
The crew from the 6th Aviation Regiment was flying in a night training run during the ADF's annual Exercise Talisman Sabre alongside US forces.
Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph "Phillip" Laycock and Corporal Alexander Naggs died when their MRH-90 Taipan crashed into waters off Queensland's Whitsunday Islands.
The inquiry has heard the crew was probably suffering from "hazardous fatigue", with an aviation medicine expert saying it was "highly likely" that contributed to the crash.
Under questioning on Thursday, Major General Stephen Jobson, the former commanding officer of Army Aviation Command, agreed that significant workload was a driver of fatigue.
"Solving that fatigue metric in the workplace ... it's a never-ending commitment from command to respond, to mitigate, to prevent, act in regard to fatigue."
Counsel assisting, Colonel Jens Streit, quoted a previous army aviation witness telling the inquiry that Capt Lyon during a training course had complained about heavy administrative burdens compromising his ability to be a pilot.
The witness gave evidence Capt Lyon said words to the effect he "no longer had time to remain proficient and confident within the cockpit" and didn't feel empowered to "prioritise my primary role that could ultimately kill me".
Ms McMurdo said "the remarkable thing" about the complaint was that administrative burdens were affecting officers' ability to be safe pilots and that it could lead to accidents and fatalities.
When asked if Capt Lyon's complaint had been reported to him, Maj Gen Jobson said: "They're quite distinctive final words. I would recall if that was advised to me."
Asked about the Talisman Sabre exercise in 2023, he said he was satisfied important risk controls were in place for the mission.
Maj Gen Jobson told the inquiry on Wednesday the Taipans were underperforming and posed an "elevated risk" to personnel.
The inquiry has heard Army Aviation was working on the "rapid replacement" of the Taipan with new US-made Black Hawk helicopters when the 2023 crash happened.
Public hearings of the inquiry will close on Friday with statements from the families of those who died in the crash.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sky News AU
18 hours ago
- Sky News AU
'Albo can go F himself': Jim Jefferies unloads on PM Anthony Albanese in on-air spray over CDPP's 'disgusting' refusal to prosecute Defence after fatal 2023 helicopter crash that killed his nephew
Australian comedian Jim Jefferies has launched a blistering attack on Prime Minister Anthony Albanese and the Commonwealth Director of Public Prosecutions (CDPP) over a decision not to pursue charges in the wake of a 2023 military helicopter crash that killed four soldiers. Appearing on KIIS FM's Kyle and Jackie O Show on Friday, the LA-based comedian expressed deep frustration with what he labelled a "disgusting" and "unjust" outcome, after learning the Defence Force would not be prosecuted over the incident that killed his 24-year-old nephew, Lieutenant Max Nugent. The crash, which occurred on July 28, 2023, near Hamilton Island during Exercise Talisman Sabre, claimed the lives of Lieutenant Nugent, Captain Danniel Lyon, Warrant Officer Class 2 Joseph 'Phillip' Laycock, and Corporal Alexander Naggs. Their MRH-90 Taipan helicopter, call sign Bushman 83, crashed into the water while flying in formation with three other helicopters in poor weather and low light. "I wish I were talking to you both under better circumstances," Jefferies said to the radio hosts, before launching into a passionate criticism of the two-year investigation process and the last-minute decision to drop the case. "My family has been going to watch the hearing for over two years. "For two years, they've been going, using up all their holiday leave and everything, having to listen to black box recordings, having to listen to different evidence from each side… And now, five days before the two-year date, they have said that there's no claim, the families are getting nothing, there is no fault." Under current legislation, families have a two-year window to file legal action, and the CDPP's decision, made just days before that deadline, effectively shuts the door. Jefferies argued the crash was preventable, pointing to evidence provided by test pilot Major Ian Wilson during the hearing, who warned that the TopOwl helmet used by the pilots posed a "substantial risk of multiple deaths" and said the system could amount to "industrial manslaughter". "Maybe you could argue maybe it wasn't the helmet, maybe it was, but the families deserve a day in court," the 48-year-old comedian said. "You can't just run out the clock." Jefferies said his family had been told they would receive justice. "Well, Albanese can go F himself because this isn't justice. This isn't even an attempt of letting us see if we could get justice," he said. "We haven't even been given a fair shake of the whole thing." The father-of-two also slammed the CDPP as "disgusting", citing fatigue concerns with the pilots and managerial failures within Defence. "The pilots they've proven had fatigue and shouldn't have been up there within the guidelines of the military… Even if it wasn't technical, there was some managerial problems there or what have you." Jefferies went on to criticise the federal government's public support of the armed forces, calling it hollow. "You can have people laying wreaths on Anzac Day and saying they shall not be forgotten, and we support the troops. But at the end of the day, you're doing nothing. That's all just lip service. That's all just symbolism." According to a 228-page report by the Defence Flight Safety Bureau, released in May, the crash was caused by "spatial disorientation", with Captain Lyon and co-pilot Lieutenant Nugent becoming disoriented for 21 seconds before slamming into the water at 259km/h. Following the crash, Comcare launched an investigation into potential breaches of workplace health and safety under the Commonwealth Work Health and Safety Act 2011. A brief of evidence was passed to the CDPP, but the watchdog has since confirmed it "did not consider there was sufficient evidence to commence a prosecution". After his radio interview, Jefferies shared a Nine News segment featuring interviews with the victims' families, including his brother Dan Nugent, father of Lieutenant Max Nugent and a senior NSW police officer. "Completely heartbreaking. I'm disgusted with the decision from the Commonwealth DDP. This is so wrong. I believe this is a complete cover up," Jefferies wrote on social media. "My nephew and the three other men deserve better. I hope my family takes the defence force to civil court now." Dan Nugent told Nine he was "dismayed" by the outcome, citing strong evidence presented during the inquiry about fatigue management failures and safety concerns around the TopOwl helmet. "They were fatigued to a level that would have affected their ability to fly that helicopter," he said. "How can we have confidence in any government entity, let alone our Defence Force… if they're not prepared… to contest that… for the public to be able to hear it in open court? It's just disgraceful." A relative of another fallen soldier told the ABC on Thursday they felt "defeated and broken" by the decision. "They deserved better." has reached out to the CDPP for comment.
News.com.au
21 hours ago
- News.com.au
Commonwealth prosecutors won't pursue charges against Dept of Defence over fatal Taipan crash which killed four soldiers
Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue. The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs. All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland's Hamilton Island on July 28, 2023. At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre. Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became 'disoriented' for 21 seconds, losing control of the aircraft. He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82. Bushman 83 hit the water at 259km/h, killing everyone on board. A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation. In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash. Their investigation focused on the Department of Defence's duties owed to workers 'under the Commonwealth Work Health and Safety Act 2011'. In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP). But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP's latest advice to Comcare. The Comcare spokesman said the CDPP had advised the regulator in July that 'it did not consider there was sufficient evidence to commence a prosecution.' NewsWire has contacted the CDPP for comment. The news has outraged family members of the deceased soldiers, with Lieutenant Nugent's father Daniel saying it was a 'disgrace'. 'It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. 'Is this how we treat people in our country?' The DFSB's report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program. It was one of the most complex investigations by the department in recent history. Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82. As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83's pitch, from nose-up to nose-down, as their helicopter climbed above the formation. The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position. Investigators have determined Captain Lyon's last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82. The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff. The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash. The helmet was described by Army test pilots as a 'substantial risk of multiple deaths', but the DFSB found it was 'very unlikely' to have caused the disorientation in this instance. 'While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,' the report states.
Perth Now
2 days ago
- Perth Now
Bombshell update after fatal Taipan crash
Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue. The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs. All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland's Hamilton Island on July 28, 2023. At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre. Lieutenant Maxwell Nugent, Captain Danniel Lyon, Corporal Alex Naggs and Warrant Officer Class 2 Joseph Laycock died in a fatal helicopter crash off the Queensland coast in July 2023. Supplied Credit: News Corp Australia A report into the crash found both pilots were 'disoriented' for 21 seconds before losing control of the aircraft. Supplied Credit: Supplied Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became 'disoriented' for 21 seconds, losing control of the aircraft. He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82. Bushman 83 hit the water at 259km/h, killing everyone on board. A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation. In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash. Their investigation focused on the Department of Defence's duties owed to workers 'under the Commonwealth Work Health and Safety Act 2011'. In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP). Comcare presented a brief of evidence to the Commonwealth Director of Public Prosecutions, but the organisation has advised the regulator there was insufficient evidence to commence a prosecution. Supplied Credit: News Corp Australia But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP's latest advice to Comcare. The Comcare spokesman said the CDPP had advised the regulator in July that 'it did not consider there was sufficient evidence to commence a prosecution.' NewsWire has contacted the CDPP for comment. The news has outraged family members of the deceased soldiers, with Lieutenant Nugent's father Daniel saying it was a 'disgrace'. 'It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. All 46 recommendations made by the DFSB have been accepted by the Defence Aviation Authority. Dan Peled / NewsWire Credit: News Corp Australia The wreckage from the MRH-90 Taipan collected by boaties after the crash near Hamilton Island. 7News Credit: Supplied 'Is this how we treat people in our country?' The DFSB's report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program. It was one of the most complex investigations by the department in recent history. Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82. As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83's pitch, from nose-up to nose-down, as their helicopter climbed above the formation. Senior army representatives attending the commemoration service for the one year anniversary of the MRH90 Taipan incident at Swartz Barracks, Queensland. Supplied Credit: News Corp Australia The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position. Investigators have determined Captain Lyon's last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82. The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff. The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash. The helmet was described by Army test pilots as a 'substantial risk of multiple deaths', but the DFSB found it was 'very unlikely' to have caused the disorientation in this instance. 'While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,' the report states.
