Commonwealth prosecutors won't pursue charges against Dept of Defence over fatal Taipan crash which killed four soldiers
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.
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a day ago
- The Advertiser
Military watchdog flags record misconduct complaints
Australia's military justice watchdog has recorded its highest-ever number of complaints about bullying, sexual misconduct and abuse of justice, while average times to finalise inquiries have stretched to more than a year. The Inspector-General of the Australian Defence Force's latest annual report also shows a 50 per cent increase in potential breaches of professional standards by military police. The oversight body's annual report was publicly released on Wednesday, more than eight months after being handed to Defence Minister Richard Marles in December 2024. A spike in complaints to the IGADF over a seven-month period coincided with the release of a 20-year review calling for sweeping reforms to make the agency more independent. Inspector-General James Gaynor said an increase in cases has been "particularly noticeable" over the past four years. "The consistent increase in the number of new submissions and referrals broadly reflects the level of understanding that ADF members have around their rights to complain," Mr Gaynor wrote. A total of 120 complaints were filed in 2023-24, with nearly half relating to harassment, workplace bullying, sexual misconduct, discrimination, abuse of authority, and domestic violence. Roughly 25 per cent were referred to a defence investigator or another government agency for further action. Two Australian military police officers were removed from duty last year after breaching professional standards, with the watchdog identifying 9 breaches of professional standards by military police. The military justice watchdog took an average of 479 days to complete an inquiry in 2023-24, up from 467 days the previous year. Meanwhile, staffing levels at the agency fell by eight per cent to 156 personnel. A total of 31 service deaths were reported during that period, including the four aviators who died in the MRH-90 Taipan helicopter crash in July 2023. A final report of an IGADF inquiry into the incident is expected at a later date, after public hearings concluded in May. The IGADF acknowledged two ongoing reviews into its conduct and structure, saying the office was "well-placed" to meet future changes to the organisation. A review into the alleged "weaponisation" of the military justice system was launched earlier this year in response to concerns that senior ADF leadership was routinely using military justice to target and intimidate more junior personnel. The inquiry came after former federal court judge Duncan Kerr recommended the IGADF be re-established under new legislation to distance itself from the ADF, citing views that it was "umbilically linked" to chains of command. If you are a current or former ADF member or a relative in need of support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046. Australia's military justice watchdog has recorded its highest-ever number of complaints about bullying, sexual misconduct and abuse of justice, while average times to finalise inquiries have stretched to more than a year. The Inspector-General of the Australian Defence Force's latest annual report also shows a 50 per cent increase in potential breaches of professional standards by military police. The oversight body's annual report was publicly released on Wednesday, more than eight months after being handed to Defence Minister Richard Marles in December 2024. A spike in complaints to the IGADF over a seven-month period coincided with the release of a 20-year review calling for sweeping reforms to make the agency more independent. Inspector-General James Gaynor said an increase in cases has been "particularly noticeable" over the past four years. "The consistent increase in the number of new submissions and referrals broadly reflects the level of understanding that ADF members have around their rights to complain," Mr Gaynor wrote. A total of 120 complaints were filed in 2023-24, with nearly half relating to harassment, workplace bullying, sexual misconduct, discrimination, abuse of authority, and domestic violence. Roughly 25 per cent were referred to a defence investigator or another government agency for further action. Two Australian military police officers were removed from duty last year after breaching professional standards, with the watchdog identifying 9 breaches of professional standards by military police. The military justice watchdog took an average of 479 days to complete an inquiry in 2023-24, up from 467 days the previous year. Meanwhile, staffing levels at the agency fell by eight per cent to 156 personnel. A total of 31 service deaths were reported during that period, including the four aviators who died in the MRH-90 Taipan helicopter crash in July 2023. A final report of an IGADF inquiry into the incident is expected at a later date, after public hearings concluded in May. The IGADF acknowledged two ongoing reviews into its conduct and structure, saying the office was "well-placed" to meet future changes to the organisation. A review into the alleged "weaponisation" of the military justice system was launched earlier this year in response to concerns that senior ADF leadership was routinely using military justice to target and intimidate more junior personnel. The inquiry came after former federal court judge Duncan Kerr recommended the IGADF be re-established under new legislation to distance itself from the ADF, citing views that it was "umbilically linked" to chains of command. If you are a current or former ADF member or a relative in need of support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046. Australia's military justice watchdog has recorded its highest-ever number of complaints about bullying, sexual misconduct and abuse of justice, while average times to finalise inquiries have stretched to more than a year. The Inspector-General of the Australian Defence Force's latest annual report also shows a 50 per cent increase in potential breaches of professional standards by military police. The oversight body's annual report was publicly released on Wednesday, more than eight months after being handed to Defence Minister Richard Marles in December 2024. A spike in complaints to the IGADF over a seven-month period coincided with the release of a 20-year review calling for sweeping reforms to make the agency more independent. Inspector-General James Gaynor said an increase in cases has been "particularly noticeable" over the past four years. "The consistent increase in the number of new submissions and referrals broadly reflects the level of understanding that ADF members have around their rights to complain," Mr Gaynor wrote. A total of 120 complaints were filed in 2023-24, with nearly half relating to harassment, workplace bullying, sexual misconduct, discrimination, abuse of authority, and domestic violence. Roughly 25 per cent were referred to a defence investigator or another government agency for further action. Two Australian military police officers were removed from duty last year after breaching professional standards, with the watchdog identifying 9 breaches of professional standards by military police. The military justice watchdog took an average of 479 days to complete an inquiry in 2023-24, up from 467 days the previous year. Meanwhile, staffing levels at the agency fell by eight per cent to 156 personnel. A total of 31 service deaths were reported during that period, including the four aviators who died in the MRH-90 Taipan helicopter crash in July 2023. A final report of an IGADF inquiry into the incident is expected at a later date, after public hearings concluded in May. The IGADF acknowledged two ongoing reviews into its conduct and structure, saying the office was "well-placed" to meet future changes to the organisation. A review into the alleged "weaponisation" of the military justice system was launched earlier this year in response to concerns that senior ADF leadership was routinely using military justice to target and intimidate more junior personnel. The inquiry came after former federal court judge Duncan Kerr recommended the IGADF be re-established under new legislation to distance itself from the ADF, citing views that it was "umbilically linked" to chains of command. If you are a current or former ADF member or a relative in need of support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046. Australia's military justice watchdog has recorded its highest-ever number of complaints about bullying, sexual misconduct and abuse of justice, while average times to finalise inquiries have stretched to more than a year. The Inspector-General of the Australian Defence Force's latest annual report also shows a 50 per cent increase in potential breaches of professional standards by military police. The oversight body's annual report was publicly released on Wednesday, more than eight months after being handed to Defence Minister Richard Marles in December 2024. A spike in complaints to the IGADF over a seven-month period coincided with the release of a 20-year review calling for sweeping reforms to make the agency more independent. Inspector-General James Gaynor said an increase in cases has been "particularly noticeable" over the past four years. "The consistent increase in the number of new submissions and referrals broadly reflects the level of understanding that ADF members have around their rights to complain," Mr Gaynor wrote. A total of 120 complaints were filed in 2023-24, with nearly half relating to harassment, workplace bullying, sexual misconduct, discrimination, abuse of authority, and domestic violence. Roughly 25 per cent were referred to a defence investigator or another government agency for further action. Two Australian military police officers were removed from duty last year after breaching professional standards, with the watchdog identifying 9 breaches of professional standards by military police. The military justice watchdog took an average of 479 days to complete an inquiry in 2023-24, up from 467 days the previous year. Meanwhile, staffing levels at the agency fell by eight per cent to 156 personnel. A total of 31 service deaths were reported during that period, including the four aviators who died in the MRH-90 Taipan helicopter crash in July 2023. A final report of an IGADF inquiry into the incident is expected at a later date, after public hearings concluded in May. The IGADF acknowledged two ongoing reviews into its conduct and structure, saying the office was "well-placed" to meet future changes to the organisation. A review into the alleged "weaponisation" of the military justice system was launched earlier this year in response to concerns that senior ADF leadership was routinely using military justice to target and intimidate more junior personnel. The inquiry came after former federal court judge Duncan Kerr recommended the IGADF be re-established under new legislation to distance itself from the ADF, citing views that it was "umbilically linked" to chains of command. If you are a current or former ADF member or a relative in need of support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
Sky News AU
25-07-2025
- 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
24-07-2025
- 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.
