Corruption claims and allegations of fabricated evidence have dominated a day of hearings as part of a Senate inquiry into a fatal army helicopter crash that claimed the lives of four men.
Next month will mark three years since the tragedy, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Joseph 'Phillip' Laycock and Corporal Alexander Naggs.
The four men were on board an MRH-90 Taipan helicopter during a Talisman Sabre training exercise in north Queensland's Whitsunday region when their aircraft suddenly ditched and plummeted into the ocean while flying in formation.
Captain Danniel Lyon, Corporal Alexander Naggs, Lieutenant Max Nugent and Warrant Officer Joseph Laycock were killed in the crash. ( Supplied: ADF )
The inquiry is before the Senate's Legal and Constitutional Affairs References Committee and was established after One Nation Senator Malcolm Roberts successfully moved a vote.
It marks the fifth stream of investigation into the crash — including an independent inquiry by the Inspector-General of the Australian Defence Force (IGADF) which is soon to be handed down — but family members of the men who died said despite repeated probes, no one has been held accountable.
The widow of Captain Lyon, who was the pilot of the aircraft, pleaded with the senate; demanding answers and accountability.
Caitland Lyon says no one has been held accountable for the crash. ( Supplied: Caitland Lyon )
Caitland Lyon told the inquiry the couple's son Noah still sleeps on the pillow of his father every night, and their daughter Lily "cries, begging for Daddy to come back from heaven."
"She has lived far more days crying for him than she ever had laughing with him," she said.
"This is our life now. The life we never chose."
A key part of the probe surrounds the reason why Commonwealth prosecutors decided not to pursue Defence criminally last year, over alleged breaches to workplace health and safety laws.
The ABC has previously reported the workplace safety investigative and compliance body, Comcare, identified two alleged breaches of laws, relating to fatigue and controversial technology the two pilots were wearing the night of the crash.
Last year, the Commonwealth Director of Public Prosecutions (CDPP) opted not to lay charges, citing a lack of evidence and no reasonable prospects of securing a conviction.
Comcare identified two alleged breaches of laws, relating to fatigue and controversial technology the two pilots were wearing the night of the crash. ( ABC News )
Problems 'paperworked over', former pilots say
Two former Taipan test pilots, who gave evidence to the IGADF inquiry, were the first to appear at today's Senate hearing.
Retired Major Ian Wilson and retired Major David Lamb formerly worked at army's aviation testing organisation, AATES.
In testing of a software upgrade for pilot's night vision goggles — TopOwl 5.10 — the technology was deemed to pose an unacceptable risk to safety as it would occasionally display incorrect or ambiguous readings.
Retired Major Ian Wilson said the problems with the Taipan pilot's night vision goggles were "paperworked over". ( Supplied: Bradley Richardson )
It was pushed into service, despite Major Wilson voicing fears someone would die if it was allowed to be used.
"Was this incident the exact incident you feared, because of the problems you saw in testing?" Senator David Shoebridge asked Major Wilson.
"It's almost to the word," he replied.
Major Wilson told the inquiry the problems were "paperworked over".
The Defence Flight Safety Bureau (DFSB) investigation into the downing of the Taipan helicopter determined it was unlikely to have contributed to the crash.
Major Wilson told the Senate the report was unreliable, flawed and the DFSB investigation had "manipulated" or "fabricated" evidence and had been "corrupted".
"There was an obvious and well-known conflict of interest within the investigation team," Major Wilson said.
The inquiry heard one of the experts who provided evidence to the DFSB may be the same person who signed off on a memo downgrading the risks of the TopOwl 5.10 technology.
The latest senate inquiry marks the fifth stream of investigation into the Taipan fatalities. ( Supplied: ADF )
Senator David Shoebridge grilled DFSB director, Group Captain David Smith over this "perceived conflict of interest".
"Were you aware [of the conflict of interest] and how did you manage it?" Senator Shoebridge asked.
"That conflict of interest was not a subject of our report sir," Group Captain Smith replied.
"Well perhaps it should have been before you relied on [that person] and his evidence," Senator Shoebridge said.
"Without his operational evaluation report … [the aircraft] wouldn't have been in the air.
"I am astounded that you are not able to address this conflict of interest here."
Major Wilson raised concerns that the report could have been used by the CDPP.
"The report … I understand, was tendered to the crimi…
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