The families of four Australian Army airmen who tragically lost their lives in a helicopter crash are outraged after the Commonwealth Director of Public Prosecutions (CDPP) declined to prosecute Defence for alleged breaches of workplace safety regulations. Comcare had previously recommended charges against the Australian Defence Force (ADF) following an investigation into the crash that occurred on July 28, 2023, involving a Taipan helicopter.
The document submitted by Comcare highlighted serious concerns regarding the ADF’s management of personnel fatigue and the deployment of a problematic helmet system used by pilots. Despite the evidence, the CDPP ruled that there was a lack of sufficient evidence to secure a successful prosecution.
Families of the deceased — Captain Danniel Lyon, Lieutenant Max Nugent, Warrant Officer Phil Laycock, and Corporal Alex Naggs — expressed their disbelief, particularly as the decision to halt the prosecution came just days before the two-year statute of limitations deadline for potential legal action would expire. Dan Nugent, the father of Lieutenant Nugent and a NSW Police inspector, voiced his distress, stating that the inquiry had presented compelling evidence that indicated fatigue and concern over the safety of the helmet system played a critical role in the crash’s contributing factors.
Evidence from the inquiry revealed that pilots had raised alarms about the TopOwl helmet-mounted display, flagging it as a serious safety risk due to unclear visual projections. On the night of the incident, the Taipan was reportedly operating in challenging conditions, and the Defence Flight Safety Bureau noted that unrecognised spatial disorientation was a factor in the crash, although it deemed it “very unlikely” that the helmet contributed to this disorientation.
Nugent highlighted the negligence of Defence in disregarding warnings from experienced test pilots about the helmet’s dangers, labelling the decision to use it under risky conditions as disgraceful. He questioned the lack of thorough assessments and accountability, reflecting his frustration and that of other affected families who feel let down by the system.
Additionally, Greens Senator David Shoebridge condemned the decision not to prosecute, asserting that the victims’ families deserved justice, particularly given the acknowledged issues of fatigue and inadequate training within Defence. The ADF has stated that there are three ongoing investigations concerning the accident and remains committed to ensuring comprehensive assessments are made to prevent future incidents.
With the families seeking accountability and transparency, they are left grappling with the implications of the CDPP’s decision, questioning the overall safety standards within the Defence sector.