Police Investigative Response to Aviation Related Fatalities.

1. Police Investigative Response to Aviation Related Fatalities. His Honour, Magistrate Carl Milovanovich, Deputy State Coroner, NSW. Detective Inspector John Hurley, NSW Police Force, Aviation Support Branch.

3. JAMIE JENKINS • 22 Year old Commercial Pilot. • Piloting a Cessna 210 Single Engine Aircraft. Single occupant of aircraft. • Impacted with the ground near Jerilderie, NSW on 26 August 1997.

4. The Crash site…

5. Site with labelled components…

6. First Inquest at Jerilderie 1998. • Presided over by Registrar / Coroner. • Shortcomings of the first inquest.

7. Scene confronting initial attending Police……

8. Second Inquest held at Wagga Wagga and Newcastle Coroners Court – 2005. • Held following complete re-investigation by same Police investigator at the direction of the Deputy State Coroner. • Presided over by Deputy State Coroner. • Recommendations arising from second inquest……

9. NSW Police Investigative Response into Aviation Related Fatalities. • Presentation by Detective Inspector John Hurley. • NSW Police Force. • Aviation Support Branch.

11. Australian Transport Safety Bureau (ATSB) • Attend Aircraft accidents involving Commercially funded (Chartered) Operations or as directed by Federal Government. • Don’t attend fatalities involving Parachutists, Gliders, Recreational Aircraft, Balloons, Para-gliders, Hang-gliders. • Don’t apportion blame or responsibility. Focussed towards safety outcomes. Don’t become involved in criminality issues.

13. Police Investigation……. • Must Satisfy Coronial requirements (Identity, Date, Place, Manner and Cause of death ) • Must consider the aspect of criminality as part of investigative process. • If ATSB involved, Police can utilise the ATSB investigative outcomes as part of Police brief of evidence. • Have to deal with complexities of investigation (engineering, aeronautical and systems issues) if no ATSB involvement. • Utilises external and internal expertise as part of investigative process and presentation at Inquest.

14. Police Investigation…… • Australasian Coroners continually highlight deficiencies in the standard of investigation of aviation related fatalities by State Police. • NSW Police are the only agency addressing this issue and have established a reputation as being a lead agency in this regard.

16. To date….. • Since August 2006 – 24 Aviation related Incidents with a total of 36 fatalities. • Incidents span across North, South, South West and Western Police Regions of NSW and involve investigations conducted within a total of 15 NSW Police Local Area Commands. • Since 2005, all VH registered aircraft fatalities are referred to Office of the NSW State Coroner. • Others dealt with by local Coroner.

18. VH-ZVT- Stemme Glider at Camden on 27 August 2006. • Stemme Glider. High profile deceased. Aircraft formerly owned by Steve Fossett. • Investigations nearing completion. Significant international interest and input. • OHS ramifications for NSW Police Force. • Shut down Motor Vehicle Examination Unit for 2 days due to airborne carbon composite materials. • Initially Non- ATSB attendance (due to Glider) however through a spirit of co-operation ATSB are assisting the NSW Police Force investigation.

20. VH-AKY – Strikemaster Jet at Bathurst on 05 October 2006 – 2 Deceased. • State Forest – Fire out of control for 4 days. School and resident evacuation. • OHS issues – Major Bush Fire, no radio communications in area, very difficult site with limited access and confirmed Radiation Hazard from aircraft components. • Complex ongoing investigation. Significant ATSB and NSW Police Force involvement. CASA involved. International Interest with Warbird Community involvement. • External and internal expertise and assistance required as part of investigative process.

21. INQUESTS. • Mudgee – 2 deceased from Powerline strike by helicopter used in local Government locust eradication program. ATSB involvement. • Initial investigation referred by the Deputy State Coroner for review. • Complex investigation which is currently Part heard. Significant interest at NSW State Government level. Senior Legal Representation on behalf of Public Service Association, Country Energy, DOTARS, ATSB and deceased. • Advocacy provided by Senior NSW Police Force Prosecutor Senior Sergeant Ross Lund. NSW Police Force Legal Services Branch.

22. Inquests…….. • ATSB investigator providing expert evidence. • Also expert evidence given by NSW Police Force Aviation Support Branch pilot ( Sergeant Rob Coppock ). • Review and executive summary of entire investigation by Detective Inspector John Hurley. • Investigation utilised Australian Army Aviation expertise in unprecedented format as part of evidence presented to Coroner.

24. INQUESTS……. • Parkes – 3 dead from helicopter striking powerline during Local Government weed eradication program. ATSB involvement. • Initial investigation referred for review. • Significant State Government interest. Outcomes will influence recommendations from Mudgee inquest. • Complex investigation beyond normal responsive scope of LAC due to aviation related issues.

26. GENERAL INVESTIGATIVE ISSUES. • High level networking established with government agencies. i.e. ATSB, CASA, Airservices, ADF ( Brigadier General – LTCOL ). • Good liaison with senior investigators within external agencies and interested parties. i.e GFA, HGFA, PFA, RAA, ADF. • Direct dealing with Aircraft Manufacturers and service providers from an evidentiary standpoint. • Investigative capability is gaining international recognition. (Prof. Graeme Braithwaite..)

27. General Issues. • Presentation to NSW Police Force Senior Incident Emergency Management Course. (Superintendent level ) Ongoing as part of course curriculum. • Presentation at Tri-State (SAPOL, QPOL, NSWPOL) Conferences.

28. Why does this model work….. • Combination of extensive (internal) investigation and aviation expertise. • Investigative response is immersed in aviation environment. • Immediate access to expertise & experience. • Access to means of immediate site response. ( ASB internal co-ordination ….helicopters etc). • Enhancement of site integrity and OHS issues for attending Police. • Consolidation of knowledge base. • Development of on-going education for Police and succession planning for investigative response into aviation related fatalities. • Aviation Support Branch benefits – Flying Wire aware, access to resourcing, risk management and safety benefits.

29. Investigative Services… • Management / Oversight of investigations into all aviation related fatalities occurring within State of NSW. • Direction / consultancy for NSW Police Force Local Area Command investigators. • Provision of key advice with regard to formulation and implementation of investigative response into aviation related fatalities. • Provision of specialist aviation related investigative consultancy. (Attendance at Air Crash Investigation Course as provided through ATSB)

30. Investigation Services….. • Crash site attendance – Aerial and ground analysis of wreckage and component dispersal. • Site integrity. Usually within 24 to 48hrs depending on location….. • Aerial photography – Media pac (Digital) recording of site. • Flight path analysis, profiling, reconstruction and interpretation. • Specialist external agency liaison….ATSB, RAA, HGFA, PFA, ADF

32. Investigation Services…. • Identification and use of appropriate expert witnesses in accident analysis process. • Point of liaison for Coroner… • Provision of specialist advice for aviation related interview points and evidentiary requirements. • Post accident investigation – Aircraft servicing, pilot and Air Services records. Nav data, charts and logs relevant to incident and location. • Weather and flight planning interpretation.

33. Investigation Services…. • Assistance with complex statements. • Provision of expert evidence, opinion and statement at Coroner’s Court. • Quality review of brief of evidence prior to progression to Coronial determination. • Provision of executive summary for Coroner. • Attendance at inquests.

34. QUESTIONS????