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CASA is seeking the dismissal of a lawsuit against it over the death of Netflix star Chris Wilson in February 2022.
The case, brought by Wilson’s widow Danielle in the Federal Court, also involves Helibrook, the operator of the Robinson R44 that crashed near King River in the NT, and Helibrook owner Matt Wright. Should CASA’s bid be successful, the suit would likely continue against Helibrook and Wright.
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CASA had approved the use of a “human sling” underneath the helicopter, VH-IDW, which was on a mission to collect crocodile eggs near the King River when it ran out of fuel.
The ATSB said in its report that during the autorotation emergency forced landing procedure that followed, the pilot, Sebastian Robinson, released the hooks and sling line carrying Wilson “above a height that would likely be survivable”.
The helicopter subsequently hit the ground without enough energy from the main rotor to cushion the landing, causing Robinson severe spinal injuries.
In court, CASA’s barrister Peter Ward said the regulator bore no responsibility for the accident, and pointed out that Danielle Wilson’s claim itself acknowledged that Helibrook was not complying with CASA’s approval for the human sling.
“The only way CASA could be said on this pleading to have caused or contributed to the death of Mr Wilson was by approving the operations that involved him being slung underneath the helicopter,” he said, as reported by The Australian.
“If a party knows one set of facts to be true, it is embarrassing and legally impermissible for them to plead in the alternative a case that is based on different facts.
“Nothing they allege that was the approximate cause of the accident can be attributed to CASA. The only thing that can be attributed to CASA is imposing certain conditions on the approval of slinging operations, and yet they propound exactly those conditions as being sufficient to have avoided the accident.”
ATSB investigators had found Helibrook’s CASA-approved safety management system was not being used to systematically identify and manage operational hazards.
“As a result, the operator did not adequately address the risks inherent in conducting human sling operations, such as carriage of the egg collector above a survivable fall height,” Mitchell said.
“In addition, and although not assessed on the evidence as having been contributory to this accident, the operator’s history of non-compliance with regulatory requirements, maintenance standards and accurate record keeping, increased the risk level for much of their aviation activities.”
CASA also shared blame for its decision-making process, including allowing the sling apparatus to operate above non-survivable fall heights. In a statement, the authority said it had revised its processes.
“The report also made a finding that CASA could have better documented our decision making, and the internal risk management methodology we use when considering applications from operators. That finding has now been addressed and closed,” CASA said.
“CASA’s assessment on the reliability of the helicopter hook led to a height limitation being imposed. Once the hook was assessed and approved, the height restriction was removed.”
