Senate Committee Calls for Review into Defence's Taipan Helicopter Crash Report

A senate committee has recommended that a Defence report into a 2023 army helicopter crash that killed four men be reviewed, following claims of corruption and fabricated evidence.

The senate probe into the MRH-90 crash, which claimed the lives of Captain Danniel Lyon, Lieutenant Max Nugent, Warrant Officer Class Joseph "Phil" Laycock, and Corporal Alexander Naggs, began its inquiry in June. Two public hearings were held, with former test pilots turned whistleblowers and family members of the four fallen men among those who gave evidence.

Claims of Corruption and Fabricated Evidence

The committee heard explosive claims that an independent Defence Flight Safety Bureau (DFSB) report had been corrupted by an "obvious" conflict of interest and contained "manipulated" and "fabricated" evidence. These claims came from retired MRH-90 test pilots Major Ian Wilson and Major David Lamb, who spoke at the first public hearing.

Major Wilson told the senate that one of the experts who provided evidence to DFSB investigators was the same person who signed off on a memo downgrading the risks of the TopOwl technology. When asked by Senator David Shoebridge, "Was this [crash] the exact incident you feared, because of the problems you saw in testing?", Major Wilson replied, "It's almost to the word."

Concerns Over Technology Used in Helmets

Concerns were raised about the technology used in the helmets the two pilots were wearing the night they died. The IGADF inquiry had heard that the TopOwl 5.10 software, which displayed readings on night vision goggles, had a tendency to give incorrect readings when pilots turned their heads.

Major Wilson said he had flagged issues with the technology with Defence before it was pushed into service, fearing someone would die if it was rolled out. Some evidence before the IGADF suggested it was released despite concerns, as it had already been paid for.

Independent Review Recommended

The senate has now released a raft of recommendations following its probe, including that the Australian government independently review the DFSB report "to ensure the investigation and its findings were not improperly influenced and conclusions are sound".

The senate also recommended that the government put the DFSB's independence under a microscope and that it establish a conflict of interest disclosure log. "The conflict of interest concerns … brought into question the DFSB's conclusions," the senate report said.

Further Recommendations

The senate also called for the Auditor-General to investigate whether Army Aviation was complying with workplace health and safety regulations, particularly around fatigue and safety culture. Fatigue was a key part of the senate and the IGADF's inquiries, which heard evidence that the four airmen were so tired, it would have been akin to driving over the legal alcohol limit, and would have impaired their flying capabilities.

Major Wilson told the senate that the "corrupt" DFSC report had been used by Comcare and the CDPP, "and may have affected [its] decision … not to prosecute".

Memorial for Fallen Soldiers

The senate has also recommended that the Department of Defence reconsider eligibility for the Roll of Honour at the Australian War Memorial. The families of the four men were told their loved one's names could not be added to the roll, because they died during a peacetime training exercise.

"Should they be ineligible, the committee recommends a dedicated memorial be created along ANZAC Parade to honour training deaths," the senate report said.