The pilot behind a horrific helicopter crash which claimed the lives of a Sydney couple and three former Queensland police officers has been labelled “reckless” at a inquest into the tragedy.
David Kerr, a former cop and owner of a charter flight business known as Brisbane Helicopters, steered his ex-military chopper into rough seas at Anna Bay near Newcastle on the night of September 6, 2019.
Mr Kerr, his former colleagues and friends Jamie Ogden and Grant Kuhnemann died in the crash, along with decorated soldier Gregory Miller and his partner Jocelyn Villanueva, who were bound for Sydney.
Police located debris and human remains belonging to Mr Miller and Mr Kuhnemann three weeks after the crash. The bodies of the other three passengers have never been found.
At an inquest into the crash, held in the NSW Coroner’s Court on Monday, coronial advocate Sergeant Christina Xanthos said none of the equipment required to allow the chopper to be flown at night had been installed.
“The pilot continued to fly after last light, without the appropriate training and qualifications, and then into dark night conditions that provided no visual cues,” Sergeant Xanthos told the inquest.
“This significantly reduced the pilots ability to maintain control of a helicopter which was not equipped for night flight.
“Once visual references were lost the pilot likely became spatially disoriented and lost control of the helicopter, resulting in the collision with water.”
The inquest heard Mr Kerr had a reputation for being “in a rush” and “disorganised”, while on the day of the crash the group who died were running behind schedule and they were late to take off from Archerfield Airport in Brisbane.
“Gregory expressed concern about the delay in departure,” Sergeant Xanthos said.
“He [David] told his father ‘we might have to do this tomorrow’.”
Mr Kerr persisted with the planned flight and the inquest heard he was warned by another pilot about “a big front coming in from down south” when he stopped at Coffs Harbour Airport to refuelxjmtzyw.
“The Bureau of Meteorology issued a significant meteorological information advisory at 2.36pm for severe turbulence below 10,000 feet from 3pm to 9pm,” Sergeant Xanthos told the inquest.
“It is unclear whether David was aware of this warning, however the visible changes regarding the environment associated with this warning could not have gone unnoticed by him.”
The sun set at 5.38pm and the inquest heard witnesses saw the helicopter “going down at a very rapid pace … on a 30 degree angle” in the minutes before it disappeared about 6.13pm.
“Other residents continued hearing and seeing the flight path, describing it flying very low and not far above the tall trees,” Sgt Xanthos said.
“Others recognised how windy the weather was and were shocked that an aircraft would be flying in those conditions.”
A major search was conducted by police and the navy, with family members helping to confirm the human remains found belonged to Mr Miller and Mr Kuhnemann.
“The identities were verified through DNA analysis and using samples obtained from family members,” Sergeant Xanthos said.
“The cause of death could not be ascertained with absolute certainty, however relying on the circumstantial evidence presented … death was most likely due to multiple injuries.
The inquest heard there were no mechanical problems found to have affected the helicopter and it had received a major upgrade before the crash.
“It is acknowledged that David had been suffering from depression and anxiety, however messages he exchanged with his father on September 6 also provide evidence of forward planning,” Sergeant Xanthos said.
“He had made plans to meet with his father that weekend and was planning to continue his business flights.
“There is nothing to suggest this was a deliberate act and the most likely hypothesis is the crash was a horrific accident.”
In statements read out at the inquest, family members paid tribute to police for their compassion and work to find the bodies of loved ones.
Ms Villanueva’s family said “the reckless decisions and actions made by someone who should have known better” contributed to the crash.
“Jocelyn and Greg tragically trusted the abilities of a pilot who for reasons unknown did not put the safety of his passengers first and foremost,” the family said in a statement.
“The pilot was required by law to stay in the light but chose to fly into the dark and in doing so destroyed so many lives with him.”
Magistrate Carolyn Huntsman is due to hand down her findings when the inquest concludes on Tuesday.
