Inquest begins into fatal 2023 Sea World helicopter crash

The inquest comes after damning findings by the ATSB earlier this year, which concluded a number of factors such as faulty radio, poor visibility, and inadequate risk controls contributed to the crash.

In one of the videos, a passenger in VH-XKQ, which was taking off, could reportedly be seen attempting to get the pilot’s attention and alert them to the presence of VH‑XH9, which was coming in to land at the same time.

“It’s inescapable that neither pilot saw the other pilot’s helicopter,” said counsel assisting the inquest, Ian Harvey.

“How could that happen? They were two experienced pilots in modern, relatively sophisticated helicopters.”

Aviation lawyer Peter Carter of Carter Capner Law has said criminal charges could be possible.

“We’ve already seen serious failings laid bare in an Australian Transport Safety Bureau report, and this inquest will put the events of January 2023 under even more scrutiny,” he said in a statement.

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“It’s important that affected families get more information on why too many aircraft were operating in a contested space and why faulty radio equipment was being used.

“Civil aviation authorities are also likely to face questions as to why they permitted this operation, so it’s crucial the inquest thoroughly considers all relevant matters.”

In its final report into the disaster, which killed four people and injured six others when two EC130 helicopters collided mid-air on Main Beach minutes away from Surfers Paradise on 2 January 2023, the transport safety watchdog made 28 findings, including around the operator’s actions in the preceding months.

The inbound helicopter, VH‑XH9, had radioed ahead, but the pilot of VH-XKQ had not registered the call, as he was loading passengers at the time. According to the ATSB, a member of the ground crew then gave VH-XKQ the all-clear to take off.

The pilot of the helicopter that survived the crash, Michael James, told investigators he did not see the other aircraft taking off. The ATSB conducted a visibility study, which found that both pilots would have had a “limited” view of each other in the lead-up to the collision.

“In the months prior to this tragic accident, the operator had made changes to improve its tourism product, including commissioning the use of a second helipad location, known as the park pad, the introduction of the larger EC130 helicopters, and new hangar and office facilities,” ATSB chief commissioner Angus Mitchell said.

“Over time, these changes undermined risk controls used to manage traffic separation and created a conflict point between launching and departing helicopters, which is where the two helicopters collided.

“The operator’s safety management system did not effectively manage the safety risk present in its aviation operation, and when numerous changes were introduced, did not implement processes to consider whether they would affect the overall safety of their flights.”

According to the ATSB, the operator has since taken “a number of safety actions” following the disaster.