Defence might have broken the law in fatal Taipan crash
The country’s occupational health and safety regulator has said the defense should face prosecution over the fatal army helicopter crash that killed all four soldiers on board.
Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Second Class Joseph Laycock and Corporal Alexander Naggs were killed when their MRH-90 Taipan helicopter crashed into the waters off Queensland’s Whitsunday Islands during Exercise Talisman Saber on 28 July 2023.
Comcare had submitted two pieces of evidence to the Federal Director of Public Prosecutions in relation to fatigue management and the TopOwl helmet system worn by pilots, Colin Radford, Comcare’s chief executive, told the parliamentary inquiry on Friday.
In July 2025, the regulator was informed by federal prosecutors that they would not prosecute the defense because they did not see a reasonable likelihood of obtaining a conviction.
“Comcare considered that there was evidence to support the view that the defense may have committed one or more offenses under the Occupational Health and Safety Act,” Mr Radford said.
“I would like to emphasize that Comcare’s investigation into this incident is open.
“Although the two-year limitation period has expired, the WHS Act allows proceedings to be held outside this period in certain circumstances.”
He said it was the regulator’s view that investigations by the Inspector General of the Australian Defense Force and the Queensland coroner could extend the limitation period by a further 12 months.
Comcare may later consider submitting a summary of evidence to Commonwealth prosecutors, the inquest heard.
Under questioning by senators, Mr Radford said the regulator remained committed to prosecution.
Director of Public Prosecutions Raelene Sharp KC, who appeared earlier at the public hearing in Parliament House, said she was concerned that disclosing further information would harm the prospects for further investigation and possible prosecution.
“This outcome is not in the public interest and is not conducive to the administration of justice,” he said.
The Defense Flight Safety Bureau’s investigation found that the primary cause of the fatal crash was “spatial disorientation,” which occurred when the pilot misperceived the position of his aircraft relative to the surrounding environment.
The report concluded that pilots likely experienced a level of fatigue that has been shown to “prevent optimal performance” and increase susceptibility to spatial disorientation.
A parliamentary inquiry is examining the crash, with specific reference to the decision not to prosecute any cases over the incident.
A report will be given in September.
A separate investigation into the catastrophic crash was said to have raised safety concerns about a software update for the TopOwl helmet worn by pilots on the night of the crash.
The crew of the Sydney-based 6th Aviation Regiment were flying in a helicopter given the call sign Bushman 83, the third in a formation of four aircraft, as part of a training exercise.
The Aviation Safety Investigation report revealed that Bushman 83 climbed more than 30 meters in 14 seconds after making the turn.
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