Taipan crash inquiry leads to recommendation for Defence report review

In short:

A senate committee has recommended a Defence report into the 2023 Taipan army helicopter crash be reviewed after 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.

The senate has also recommended the Department of Defence reconsider eligibility for the Roll of Honour at the Australian War Memorial.

A senate committee has recommended a Defence report into a 2023 army helicopter crash that killed four men be reviewed, after 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.

It heard explosive claims an independent Defence Flight Safety Bureau (DFSB) report had been corrupted by an "obvious" conflict of interest and contained "manipulated" and "fabricated" evidence.

Those claims came from retired MRH-90 test pilots Major Ian Wilson and Major David Lamb, who spoke at the first public hearing.

Both had previously given evidence at a separate Inspector-General of the Australian Defence Force (IGADF) inquiry, which is yet to hand down its findings, and raised concerns about technology used in the helmets the two pilots were wearing the night they died.

The IGADF inquiry had heard 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 has suggested it was released despite concerns, as it had already been paid for.

"Was this [crash] the exact incident you feared, because of the problems you saw in testing?" Senator David Shoebridge asked Major Wilson at the first hearing in June.

"It's almost to the word," he replied.

The DFSB investigation into the downing of the MRH-90 found it was unlikely the TopOwl technology contributed to the crash.

But Major Wilson told the senate 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.

DFSB director Group Captain David Smith was questioned about the alleged conflict of interest at the senate hearing but said any perceived conflict of interest was not the subject of the report.

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".

It also recommended 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.

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 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.

The ABC has previously reported the workplace safety investigative and compliance body, Comcare, identified two alleged breaches of the law relating to fatigue and the TopOwl technology.

The Commonwealth Director of Public Prosecutions (CDPP) last year declined to lay charges against Defence, deeming there was insufficient evidence and no reasonable possibility of securing a conviction.

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

The senate has also recommended 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.