Commonwealth prosecutors won’t pursue charges against Dept of Defence over fatal Taipan crash which killed four soldiers

A bombshell update has emerged following a damning report into an army helicopter crash which claimed the lives of four soldiers in 2023.

Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue.

The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs.

All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland’s Hamilton Island on July 28, 2023.

At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre.

Lieutenant Maxwell Nugent, Captain Danniel Lyon, Corporal Alex Naggs and Warrant Officer Class 2 Joseph Laycock died in a fatal helicopter crash off the Queensland coast in July 2023. Picture: Supplied

A report into the crash found both pilots were ‘disoriented’ for 21 seconds before losing control of the aircraft. Picture: Supplied

Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became “disoriented” for 21 seconds, losing control of the aircraft.

He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82.

Bushman 83 hit the water at 259km/h, killing everyone on board.

A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation.

In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash.

Their investigation focused on the Department of Defence’s duties owed to workers “under the Commonwealth Work Health and Safety Act 2011”.

In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP).

Comcare presented a brief of evidence to the Commonwealth Director of Public Prosecutions, but the organisation has advised the regulator there was insufficient evidence to commence a prosecution. Picture: Supplied

But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP’s latest advice to Comcare.

The Comcare spokesman said the CDPP had advised the regulator in July that “it did not consider there was sufficient evidence to commence a prosecution.”

NewsWire has contacted the CDPP for comment.

The news has outraged family members of the deceased soldiers, with Lieutenant Nugent’s father Daniel saying it was a “disgrace”.

“It’s given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,” he told the ABC.

All 46 recommendations made by the DFSB have been accepted by the Defence Aviation Authority. Picture: Dan Peled / NewsWire

The wreckage from the MRH-90 Taipan collected by boaties after the crash near Hamilton Island. Picture: 7News

“Is this how we treat people in our country?”

The DFSB’s report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program.

It was one of the most complex investigations by the department in recent history.

Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82.

As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83’s pitch, from nose-up to nose-down, as their helicopter climbed above the formation.

Senior army representatives attending the commemoration service for the one year anniversary of the MRH90 Taipan incident at Swartz Barracks, Queensland. Picture: Supplied

The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position.

Investigators have determined Captain Lyon’s last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82.

The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff.

The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash.

The helmet was described by Army test pilots as a “substantial risk of multiple deaths”, but the DFSB found it was “very unlikely” to have caused the disorientation in this instance.

“While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,” the report states.

Originally published as Commonwealth prosecutors won’t pursue charges against Dept of Defence over fatal Taipan crash which killed four soldiers