Finke Desert Race organisers failed to act on safety concerns before Nigel Harris death

Organisers of the Finke Desert Race were aware spectator safety measures were severely lacking three years before the death of 60-year-old Nigel Harris in 2021, a court has heard.

There were multiple calls for more stringent spectator safety regulations at the Finke Desert Race up to three years before the death of a spectator in 2021, a court has heard.

The coronial inquest into the death of 60-year-old Nigel Harris, who died near the 35km hill of the famous desert race in 2021, resumed in Alice Springs on Tuesday.

Counsel Assisting the Coroner Jodi Truman told the court Mr Harris had been in a popular area of the course with other racegoers when a trophy truck hit a “whoops”, a pothole or undulation in the track after coming off a jump, causing a fracture in the lower rear axle leading the rear axle alignment to skew.

She said the driver had no ability to control the path of the truck as it ran into spectators.

Nigel Harris was tragically killed when a vehicle veered off the track and into spectators at the Finke Desert Race in 2021. Picture: Facebook.

In her closing submissions, Ms Truman said risks to spectators had been identified in a report received by the Motorsport Association and Finke Desert Race Incorporated three years before Mr Harris’ death.

The report, written by Troy Bennett, outlined safety issues between the start line and the 40km mark of the track, including the area where Mr Harris was when he died.

Ms Truman said the report stated “spectators were far more than I expected and that there were no measures in place to prevent or even limit access to the competition track”.

“The entire course lacks supervision in terms of spectator control.”

The report made several recommendations, including having a spectator safety team overseen by a spectator manager, designating pairs of officials to certain areas to control hot spots, the establishment of a minimum distance between the track and competitors and exclusion zones for spectators.

Ms Truman stated there were no spectator marshalls for the race in 2019 or 2021 nor were there officials monitoring hot spots.

“There was nothing whatsoever done with those recommendations in 2018 before Mr Harris’ death in 2021, and some still remain outstanding.”

Nigel Harris with his granddaughter Evelyn. Family said the 60-year-old grandfather wanted to see Finke “his entire life”. Picture: Facebook.

She said documents showed multiple other reports were received around safety issues at the track between 2018 and 2021, with recommendations not adopted by the Finke Desert Race Inc committee or Motorsport Australia.

Many of these documents had been labelled “highly privileged” or “highly confidential”.

“I submit that the evidence is clear that at least since September 2018, and likely before then, both Motorsport Australia and Finke Desert Race Inc knew it was not uncommon at all for spectators to be close to the track and to be in locations considered dangerous,” Ms Truman said.

She recognised there had been changes made by both Finke Desert Race Inc and MSA since Mr Harris’ death in 2021 to protect spectators but called for that work to be continuous and for further safety recommendations to be adopted.

Counsel representing Motorsport Australia Bruce Hodgkinson SC, in his submissions, delivered an apology on behalf of the organisation to members of Mr Harris’ family who had attended the duration of the hearing.

“You have exhibited grace, dignity and selflessness in your focus on ensuring no other family never has to go through this,” he said.

“The MSA would like to apologise. We are sorry for what you had to endure, and we acknowledge and thank you for your presence in making this real.”

Mr Hodgkinson said while there were some safety measures in place in the 2021 race, more action should have been taken by MSA to address concerns raised around spectator safety from 2018.

He said significant changes to safety had been put in place since the death of Mr Harris in 2021, including having spectator marshalls working with police and putting extra signage and marshalls in areas where there was heightened safety risk in the 2022 race.

Both the MSA and Finke Desert Incorporated apologised to the family of Mr Harris who had travelled from Canberra for the inquest. Picture: Facebook.

In addressing Mr Hodgkinson, NT Coroner Elisabeth Armitage said she was concerned about the level of secrecy around safety concerns by the MSA.

“By that I mean marking documents as confidential, highly confidential, privileged and legally privileged,” she said.

“I’m also concerned about the failure to minute the discussions in the meetings which addressed safety issues, and I was concerned that was potentially a deliberate endeavour to have secrecy around those discussions and those issues.”

Mr Hodgkinson said although the issues had been widely discussed within the organisation, the documentation was not sufficient, and accepted there was a necessity for more transparency within and external to the organisation.

Finke Desert Incorporated committee members did not give evidence during the inquest but president Antony Yoffa delivered an apology to Mr Harris’ family as it closed.

“I’m sincerely sorry for what has happened, I can’t reverse what has happened, but I am grateful I know so much more about Nigel,” Mr Yoffa said.

Originally published as Finke Desert Race organisers failed to act on safety concerns before Nigel Harris death