Test pilot warned Australian Defence Force about safety concerns of the MRH-90 Taipan

A test pilot who broke ranks to raise the alarm about his safety concerns with the MHR-90 Taipan helicopter says he knew someone would die if they weren’t addressed.

A test pilot broke ranks to warn officials they would be facing industrial manslaughter charges if his safety concerns about MHR-90 weren’t addressed, three years before a horror crash killed four Aussie soldiers.

An independent inquiry into the deaths of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class Two Joseph Laycock, and Corporal Alexander Naggs continued on Friday in Brisbane.

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

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

The four soldiers died when their MRH-90 Taipan helicopter plunged into the ocean south of Hamilton Island off the North Queensland coast on July 28, 2023.

The aircraft, which had the call sign Bushman 83, was flying in formation with three other MRH-90 aircraft during a nocturnal training mission during Exercise Talisman Sabre.

The planned exercise was being carried out while the four aircraft waited for the call to collect other soldiers from Lindeman Island in Queensland.

Major Ian Wilson, a MRH-90 test pilot at the Army Test and Evaluation Centre before his retirement in 2022, gave evidence before the independent inquiry into the fatal crash.

Major Wilson said he broke the chain of command to warn officials about their obligations under the Workplace Health and Safety Act out of his concern about the implications of an upgraded operational evaluation service manual for the Taipan.

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

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

Major Wilson said the upgraded manual had “false statements” that “defied logic” for any test pilot, but a non-trained person would think they were acceptable.

The updates included instruction to pilots to mitigate the risk of an aircraft crashing by pushing what is known as a go-around button to counteract any possibility of collision.

However, Major Wilson said this would require the pilot to “look forward” and away from any potential risk, like another aircraft flying alongside in formation.

“If I’m sitting in formation and I get another aircraft coming across in front of me, I’m going to have to take action,” he said.

“The proposition that I’m detecting a threat of collision and look away from that threat to the front to make a change … is just devoid of logic.”

Major Wilson said his test centre colleagues “were quite concerned” about the error they’d discovered in the updated manual and tried to alert the appropriate channels that these issues needed to be addressed.

Ultimately, Major Wilson said he decided to break ranks to raise the alarm to outline the concerns about the MRH-90 airworthiness because he knew someone would die if they weren’t addressed.

“We were certain we were to be sitting in this forum (the independent inquiry),” he said.

“We had to try to do everything we could to do prevent that.

“If the organisation broke the chain of command that would have long-term effects for the organisation.”

The MRH-90 Taipan helicopter crashed into the ocean during the mission. Picture: Bradley Richardson.

Major Wilson said he approached officials about these concerns in 2020.

He told the inquiry that one official laughed in his face and he was ultimately threatened with disciplinary action when he warned the officials he felt that their “behaviour was potentially criminal”.

When this didn’t work, Major Wilson said he took the concern to Comcare but “that didn’t seem to have any change”.

“I can see how Comcare would formulate the opinion that the risk had been properly treated, but the document contained falsehoods,” he said.

Major Wilson said he “exhausted every possible line of action” he could in raising his concern.

He told the inquiry that he had warned his superiors that “if anyone” in the army was to die while flying MHR-90 then they would be liable for “industrial manslaughter”.

The inquest was told Major Wilson almost had a similar crash to the Exercise Talisman Sabre incident.

His co-pilot became disoriented during the test flight.

“That’s the closest I’ve come from crashing,” Major Wilson said.

“I was quite alarmed by that.”

The inquiry is looking at what might have led to the crash.

Following his evidence, Major Wilson took the opportunity to address the families of the four soldiers killed in July 2023.

“You’ll hear the term pilot error,” he said.

“I would like to offer an explanation – it doesn’t necessarily lay the blame squarely at the feet of your loved ones.

“Having escaped losing my own life and six of my crew members in very similar circumstance, I knew with certainty this accident was going to happen.

“I did the best I could and I failed them.

“I’m so sorry for you loss.”

The MRH-90 Taipan fleet was retired in December 2023.

The inquiry continues.

Originally published as Test pilot warned Australian Defence Force about safety concerns of the MRH-90 Taipan