NT Coronial inquest to assess race safety after Nigel Harris killed at Finke 2021

A coronial inquest will assess if Finke organisers failed to protect a 60-year-old grandfather hit by an out-of-control truck.

AN INQUEST will assess if safety measures were “grossly lacking” after an avid photographer “filmed his own death” at the 2021 Finke Desert Race.

A coronial inquest will assess if safety mismanagement by race organisers contributed to the fatal crash which claimed the life of Nigel Roy Harris during the 2021 rally.

In her opening statement, counsel assisting the coroner Jodi Truman said the inquest would assess if race organisers failed in their responsibility to protect spectators and if new measures were adequate to prevent future deaths in the Red Centre race.

In 2021, 19,586 spectators watched as 925 competitors tore around the 226km red dirt track over the four-day race.

Among them was 60-year-old grandfather, Mr Harris, who was described by his family as a keen traveller and with a love for photography.

Nigel Harris with his granddaughter Evelyn. The 60-year-old was tragically killed when a vehicle veered off the road and into spectators at the Finke Desert Race on Monday. Picture: Facebook.

His wife Sheryl Harris said Finke was a race that “he had wanted to see his entire life”.

Ms Truman said it was his passion for photography that brought the Canberra man to the edge of the barriers when Truck 499 came off the track at the 35km sand dune on June 14.

She said the trophy truck hit a “whoops”, a pothole or undulations in the dirt track, causing a fracture in the lower rear axle causing the rear axle alignment to skew.

Ms Truman said the driver had no ability to counteract the path of the truck as it ran into spectators.

“In fairness to the driver of the truck involved, Mr Patrick Byrne, the evidence is clear there was nothing about his vehicle that made it more dangerous than any other,” she said.

Ms Truman said safety precautions were “grossly lacking”, with spectators not given proper advice to safely watch the race.

Ms Truman said while bunting and maps of unsafe areas were provided to attendees, the crash site did not match the advice from race organisers.

Nigel Harris was tragically killed when a vehicle veered off the road and into spectators at the Finke Desert Race on Monday. Picture: Facebook.

“That is to say, there was nothing to say how far back they should be in order to be in a “safe” area,” she said.

She said witnesses had taken “distressing” images of how close the 60-year-old was to the track, with some telling police they felt something bad would happen prior to the crash.

“One of the witnesses who gave a statement to police in fact recalled that he thought ‘this guy’s gonna film his own death’,” she said.

But Ms Truman said Mr Harris was not alone at the edge of the bunting, and two officials in uniforms “took no or very little action” to move spectators from the area prior to the crash.

Ms Truman said organisers should have known the risks at the 35km sand dune as it was a well known and a popular spot for spectators.

“Despite over 10,000 spectators expected at the event, there was no appointment of any person in the role of spectator safety or spectator safety marshals,” she said.

Ms Truman said the race’s own promotional footage showed “just how close spectators get to the track”.

Nigel Harris was tragically killed when a vehicle veered off the road and into spectators at the Finke Desert Race on Monday. Picture: Facebook.

Ms Truman said the race, described as “one of the most difficult and most remote races in the world” was very lucrative for the community with $10.2m estimated to have been generated in 2021.

Ms Truman said more safety protocols should have been in place for the four-day rally which allowed non-roadworthy vehicles to drive at high speeds on dirt roads.

“Responsibility for the safe and efficient conduct of the event and traffic movement therefore fell squarely upon Finke Desert Race Inc,” she said.

Ms Truman acknowledged that safety plans had changed since Mr Harris’s death, and the inquest would assess if more measures were needed.

“At the end of this inquest it may be submitted you can find these changes are in clear recognition that the measures in place for spectator safety in 2021 were grossly lacking,” she said.

Ms Truman said following Mr Harris’s death the race organisers’ safety messaging had warned attendees: “Don’t be the reason” Finke ends.

“Whilst individuals should take responsibility for their own personal safety, this in no way absolves the organisers from their responsibility to identify and minimise risks,” she said.

“Perhaps equally there should also be a slogan for the organisers of ‘Don’t let mismanagement be the Reason’.’