MRH-90 Taipan helicopter inquiry: ADF didn’t hand over statements to police to assist coronial investigation

A lead investigator into the deaths of four Defence officers believes the Army tried to “control the narrative” of the police investigation into the horror helicopter crash.

A lead investigator into the deaths of four Australian Defence Force officers killed when their helicopter crashed off Queensland says the Army tried to “control the narrative” by preventing witnesses from speaking directly with police.

Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class Two Joseph Laycock, and Corporal Alexander Naggs died when their MRH-90 Taipan helicopter plunged into the ocean south of Hamilton Island off the North Queensland coast on July 28, 2023.

Warrant Officer Class Two Joseph Laycock was on-board when the aircraft crashed. Picture: NewsWire / Supplied by the Department of Defence

Captain Danniel Lyon was killed during the mission. Picture: Supplied/ADF

The aircraft, which had the call sign Bushman 83, was flying in formation with three other helicopters in a nocturnal training mission while they waited for the call to collect other officers from Lindeman Island in Queensland.

An independent inquiry into the fatal incident, headed up by former judge Margaret McMurdo, is continuing to hear from witnesses about the crash that occurred during Exercise Talisman Sabre.

Lieutenant Maxwell Nugent died in the Taipan crash. Picture: NewsWire / Supplied by the Department of Defence

Corporal Alex Naggs was also killed. Picture: NewsWire / Supplied by the Department of Defence

ARMY TAKES OVER

Commander Nigel Shaw, who was acting Provost Marshal of the Joint Military Police Service (JMPS) at the time of the crash, told the inquiry it was his role to ensure his investigators facilitated the Queensland Police Service with their investigation on behalf of the Queensland coroner.

Commander Shaw said he tasked his investigators, and a social worker, to attend the 6th Aviation Regiment in Sydney on August 1, 2023, to obtain witness statements on behalf of QPS.

However, he said that despite the JMPS attempts, no statements were taken.

“Army were reluctant to allow us access to the witnesses,” Commander Shaw said.

Commander Shaw said he’d received communication from Defence Legal Counsel about questions about QPS’ level of involvement in the investigation.

He said legal counsel sought to conduct the statements themselves and didn’t require the assistance of JMPS or QPS, despite the QPS request to have 13 questions answered by witnesses.

“I think Army were trying to control the narrative,” Commander Shaw said.

“So I think they were trying to make sure that they could get in there with their legal officers and actually brief those witnesses and control what was actually said, rather than us going in there.

“I think they wanted to keep it in the army.”

Upon hearing this theory, Ms McMurdo asked Commander Shaw whether the Army’s decision to keep JMPS and QPS effectively in the dark about the required statements “wasn’t simply a security issue, they were actually concerned with what the narrative was”.

Commander Shaw replied: “I believe so”.

“I’m looking at the questions (from QPS), there were a number of questions on that list that I believe would have caused concern and I think they (legal counsel) would have wanted to control what was said going back, to make sure it was checked.”

The four officers died when their MRH-90 Taipan crashed.

Commander Shaw said this was his personal opinion about how legal counsel responded to the situation and there was nothing unusual for witnesses to obtain legal advice.

He said “everyone had lawyered up” and ultimately JMPS were not able to take any witnesses on behalf of QPS but instead acted as a type of conduit between the parties.

“All doors had been closed to us,” he said.

The inquiry was told JMPS role effectively became the “post box” for ADF to provide information to the coroner, effectively bypassing the QPS.

Group Captain Terrance Lewis (Provost Marshal ADF) was on approved leave at the time of the crash and took over the JMPS investigation from Commander Shaw upon his return.

The inquiry was told Group Captain Lewis was cc’d in an email with Defence Legal Counsel to the Queensland Coroner providing the witness statements on November 30, 2023.

When asked whether he would have expected the QPS to also be informed statements had been finalised, Group Captain Lewis said at the time he didn’t believe it was necessary.

He said he had understood QPS could have accessed those statements “through their internal process with the coroner” but accepted police were never told the statements had been filed.

Ms McMurdo asked Group Captain Lewis whether there was a “potential conflict of interest” in having the Defence Legal Counsel which represents the ADF take official witness statements and asking questions on behalf of QPS.

“There may be a conflict,” Group Captain Lewis replied.

“Anyone who is taking a statement and assisting someone to provide a statement needs to take into consideration the advice they’re providing them.”

A wide-scale search was carried out following the crash. Picture: NewsWire / Australian Defence Imagery

QPS INVESTIGATION HINDERED

Officer in charge of Whitsunday CIB, Detective Sergeant Luke Scells, was tasked with leading the coronial investigation into the four deaths, the inquiry was told.

In Queensland, police are the lead investigators when a death occurs within the state, including one during a military exercise, in order to assist the coroner.

On Thursday, Sergeant Scells told the inquest that he arrived at Proserpine airport, where the ADF were based during Exercise Talisman Sabre, in what he understood was to take statements from witnesses from the other aircraft flying in formation with Bushman 83.

However, when he arrived, he was informed that all aircrewmen had returned to Sydney alongside their regiment.

The inquiry was told that three aircrewmen, known as D10, D11 and D12 for legal reasons, had given “versions” of what happened to police about 10 minutes before they boarded their flights back to Sydney.

“It was not ideal circumstances or ideal location taking statements from,” Sergeant Scells said.

“They’re a good start given the circumstances they were taken … (but) they were versions, not statements.”

Sergeant Scells said he was not asked by the ADF whether it was OK for those officers involved in the failed mission to leave the state.

Sergeant Scells said he was then alerted that the ADF was conducting its own internal investigation into the crash, as was the military police and the Defence Flight Safety Bureau (DFSB).

The inquiry was told the ADF had asked the QPS to provide information about its investigation.

When asked whether he complied, Sergeant Scells said he did because he “didn’t understand the distinction” between the internal DFSB investigation and the military police investigation.

“I thought we were providing evidence to the military police so they could conduct their investigation,” he said.

The MRH-90 fleet was retired in December 2023 Picture: Bradley Richardson

Sergeant Scells agreed when asked if it was “unusual” for police to provide evidence to the employer of a deceased person.

He said to his knowledge there was an understanding that the ADF, DFSB and military police would share their evidence and investigation with QPS to assist with the coronial investigation.

The inquiry was told military police had informed QPS that they would take the required statements and provide them to police.

Sergeant Scells sent 13 questions to his ADF counterpart that required answers as part of the QPS investigation two days after the crash.

The inquiry was told these 13 questions included whether there were any “fatigue issues” during the exercise, what each individual witness saw during the incident, “including when the aircraft struck the water”, and whether anyone had “noticed any particular problems about the aircraft”.

In an email sent by Sergeant Scells to his ADF counterpart, he said he “totally understood the reservations from your superior about the statements” but expected those 13 questions would be answered.

Despite those statements being vital to the coronial inquest, Sergeant Scells said he was yet to received them – 15 months after the fatal crash.

He told the inquiry that he was also unaware that the ADF had sent three statements directly to the coroner in November 2023.

Sergeant Scells said it was important QPS obtained those statements, as the answers to the 13 questions could have led to “additional lines of inquiry” and they remain outstanding in regards to the coronial investigation.

Sergeant Scells said he had no concern about military police taking statements; however, he felt like he “didn’t have a choice” other than letting military police obtain the statements themselves.

“Obviously, they’d (the officers on-board the other aircraft) been through a very traumatic incident so I didn’t want to breathing down their necks to get the statements,” Sergeant Scells said.

“I wanted to give them time to think about what happened.

“(But) it sort of sounded like we didn’t have choice.

“If we were going to get any information, it would be through the military police to allow us to figure out what was going on.”

Sergeant Scells said while he didn’t have any concern about the military police taking the statements because “they’re trained investigators”, ideally it was preferred that QPS obtain them because they “would have had the information a lot sooner”.

In May, the inquiry was told the family of Lieutenant Nugent was yet to receive an official death certificate from the Queensland’s coroner’s office.

Meanwhile, the inquiry was told ADF personnel had packed up the belongings of the four men who died from their respective tents at Proserpine airport and “placed them in a corner before QPS arrived”.

Sergeant Scells said he was surprised this had occurred but “didn’t think untowards” about the decision to pack everything up, but it resulted in the items being contaminated before they could be inspected by police.

“The army aren’t investigators like us but they can’t expected to know what to do,” he said.

Sergeant Scells said during his interactions with ADF throughout the investigation, he never laid “blame” against anyone.

“We just wanted to find out what happened,” he said.

“We’re just trying to outline and determine the facts that caused someone’s death.”

The ADF retired its MRH-90 fleet in December 2023.

The inquiry continues

Originally published as MRH-90 Taipan helicopter inquiry: ADF didn’t hand over statements to police to assist coronial investigation