Helicopter Resources wins bid to prevent chief pilot answering questions

The order meant the public hearings into the death of Captain David Wood, listed to take place this week, were adjourned. After making the order on Monday, the Federal Court of Australia’s Justice John Griffiths acknowledged the interests of Mr Wood's family in having the inquest finalised as soon as possible.

He said Mr Wood's widow Mary Macdonald had written an email in which she said that delaying the inquest would be a “cruel blow to our family.”

She said the family had already incurred significant physical and financial costs travelling to Canberra from Canada, and that this week’s hearings in Melbourne would be the only chance her sons had to attend and "stand up" for their father given their university and work obligations in Canada.

But Justice Griffiths said the interests of the helicopter company had prevailed, given the potential impact on fundamental criminal justice processes.

The inquest into the death of Mr Wood, 62, had already heard evidence over several weeks when the federal work safety regulator Comcare laid criminal charges on his employer Helicopter Resources and the Commonwealth, through its Australian Antarctic Division, alleging both failed in their duties under work, health and safety laws. Helicopter Resources is contracted by the division to provide equipment and pilots in Antarctica.

But the criminal charges threw the inquest - a significant exercise involving some 10 parties and already considerable expense - into some uncertainty over whether or not it would continue while the criminal proceedings were on foot.

Helicopter Resources argued the inquest should be adjourned pending finalisation of the charges, but the ACT's Chief Coroner Lorraine Walker found it should go ahead, the court heard.

The helicopter company then applied to the federal court for judicial review of the chief coroner’s decision, and asked on Monday that Mr Lomas be restrained from answering questions.

The Commonwealth opposed the application.

Counsel for Helicopter Resources Tom Brennan argued the chief coroner had failed to take into account the “accusatory system of justice” when making her decision. Mr Brennan said the company would be prejudiced in the criminal proceedings if Mr Lomas was compelled to answer certain questions at the inquest.

He said if Mr Lomas gave evidence it would mean that the company’s co-accused on the criminal charges, the Commonwealth, would have the opportunity to cross examine him on questions of safety which could then be put into evidence at the criminal trial, without calling Mr Lomas.

He said there was a further risk that the Commonwealth could use the cross examination of the chief pilot to assess whether they would call Mr Lomas at the criminal trial.

Justice Griffiths referred to those arguments when he found for the helicopter company, and at 6pm Monday made the order that the ACT Coroner's Court be restrained, until further order, from requiring Mr Lomas, or any other director or employee of the company to answer any question at the inquest about any matter relating to the criminal proceedings.

Further arguments about a permanent injunction will be heard at a later date.

The inquest has heard that Mr Wood fell into a crevasse after stepping out of his helicopter during a mission to restock a fuel cache on the western ice shelf on January 11, 2016.

He waited hours to be rescued while his colleague flew back to Australia’s Davis station for help.

Mr Wood, who was firmly and deeply wedged in the ice, was pulled from the crevasse by search and rescue specialists but died of hypothermia the next day, the inquest has heard.

The inquest had been scheduled to resume in Melbourne on Tuesday, and was expected to hear from Mr Lomas and Nick Gales, chief executive of the Australian Antarctic Division.