Nigel Harris inquest: Finke Desert Race to go ahead with new safety measures in place

The industry regulator says officials will not hesitate to stop the race if any spectators break the rules at this year’s Finke Desert Race following damning findings by the Territory Coroner.

Trophy Truck #499 as it suffers suspension failure and heads towards Nigel Harris in the moments before his death at the 2021 Finke Desert Race. Picture: NT Courts

This weekend’s Finke Desert Race will go ahead with spectators expected to “have a significant role to play in keeping themselves and each other safe”.

But industry regulator Motorsport Australia said officials would have “no hesitation in stopping the race” if anyone broke the rules following damning findings by the Territory Coroner.

In a statement issued after Coroner Elisabeth Armitage handed down her findings on Monday, a Motorsport Australia spokesman said it “acknowledges and welcomes” the recommendations.

“Motorsport Australia continues to offer our sympathies and support to the family and friends of Nigel Harris during what must be a difficult time,” he said.

“As an ongoing participant throughout the inquest, we have been working on the matters addressed in the Coroner’s findings ahead of the upcoming 2023 event for some time.

“The report is consistent with what we expected, having been a willing participant in the hearings.”

The spokesman said the race would proceed as planned with the “full support” of the Territory government and NT Police and “in line with the recommendations outlined by the Coroner”.

“Spectators will also have a significant role to play in keeping themselves and each other safe,” he said.

“Event officials will have no hesitation in stopping the race should any person not adhere to the restrictions in place as outlined on the Finke Desert Race website.

“The event organiser’s have also implemented an extensive safety management plan that will be in place for this week’s race, which has been many months in the planning.”

Meanwhile, a Territory government spokesman said the Department of Infrastructure, Planning and Logistics and their contractors had implemented a number of additional measures including:

Assisting the organising committee to finalise their traffic management plan to incorporate increased spectator safety management requirements; plan for road closures and changes in speed limits; provide vehicles for safety marshals to mobilises along the track; provide access to spectator safety marshals where required; and provide additional variable message boards.

“The Finke Desert Race is an important event for the Alice Springs economy, it generates $12m for the town, and the NT government supports any report which will make it and other major events in the Northern Territory safer,” he said.

“Last month, Motorsport Australia indicated it intended to issue a permit for this year’s Finke event, subject to safety measures being implemented by the event organisers.

“Per the funding agreement with the NT government, these measures along with risk and safety planning would need to be validated by an independent specialist, as per funding agreements.”

The race organising committee did not respond to a request for comment.

Finke organisers warned spectator death was ‘likely’, Coroner reveals

Organisers of the Finke Desert Race were warned of the “likely” death of a spectator two years before a tourist was killed at the event, court documents have revealed.

The revelation is contained in damning findings delivered by NT Coroner Elisabeth Armitage on Monday following an inquest into the death of Nigel Harris at the race in 2021.

The findings also reveal that following last year’s race, a review commissioned by Motorcycling Australia found the event still presented “insurmountable spectator control risks”.

Following the 2018 event, motorsport safety adviser for regulator Motorsport Australia Troy Bennett provided a detailed report finding “the entire course lacks supervision in terms of spectator control”.

“Appreciating the size of the course, he did not believe that ‘we can continue to allow nothing to be done’,” Ms Armitage wrote.

“(He said) the legal consequences for inaction could well be ‘crippling’.”

Mr Bennett emailed his report to Finke Desert Race Incorporated president Antony Yoffa but Ms Armitage found “there was no evidence any of his recommendations had been implemented for either of the 2019 or the 2021 race(s)”.

Then in an email in April 2019 “concerning procedures (or lack thereof) for risk management at the race”, Mr Yoffa stated: “We don’t have much of this at all”.

“The procedures we have are pretty average,” he wrote, just 43 days prior to the start of that year’s event.

Another report, provided to FDRI in May 2019, less than three weeks before racers were due to start, found the risk of “multiple deaths” of competitors or spectators was “extreme”.

Trophy Truck #499 as it suffers suspension failure and heads towards Nigel Harris in the moments before his death at the 2021 Finke Desert Race. Picture: NT Courts

“It was said the consequences of such an incident would be ‘severe’, meaning ‘international media attention, potential jail terms, project cancellation and financial loss in excess of half a million dollars’,” Ms Armitage wrote.

“The risk of death to a spectator was deemed ‘likely’ and the report recommended ‘immediate action’ be taken.

“On the documents provided it is not clear what, if any, action FDRI took to address the identified risks before the race ran in June 2019.”

Mr Yoffa was excused from giving evidence at the inquiry after exercising a privilege against self-incrimination for potential offences under the Work Health and Safety Act.

Ms Armitage found that while there had been “changes to the spectator safety plan since 2021”, there was “a myriad of recommendations made by Mr Bennett (and others)” that had not been implemented as at the date of the inquest.

“There was no cogent evidence before me as to why many of those recommendations had not been adopted and applied,” she wrote.

Ms Armitage said she was unaware what safety measures were in place for this year’s race — which is due to begin on Friday — but recommended that “adequate spectator safety measures” were implemented “prior to the granting of any approvals”.

“I have noticed media reports that (Motorsport Australia) would issue a permit with the requirement for significant safety measures,” she wrote.

Motorsport Australia said it acknowledged and welcomed the recommendations from the Coroner.

“This week’s Tatts Finke Desert Race will proceed with the full support of the NT Government and NT Police and in line with the recommendations outlined by the Coroner.,” a spokesman said.

“Spectators will also have a significant role to play in keeping themselves and each other safe. “Event officials will have no hesitation in stopping the race should any person not adhere to the restrictions in place as outlined on the Finke Desert Race website.”