Orroral Valley fire inquiry: Army pilot says helicopter landed for 'piss' break before aircraft ignited bushfire

The inquiry into the cause and origin of the fire, which tore through about 80 per cent of the Namadgi National Park, came before the ACT Coroner's Court on Monday when it heard that about 1.30pm on January 27, 2020, the aircraft, a MRH90 Taipans helicopter codenamed ANGEL21, made an unplanned landing in a remote area of the park.

At the time, it was being used to conduct a reconnaissance exercise between the Australian Army and the ACT Emergency Services Agency as part of the Commonwealth's Operation Bushfire Assist.

Kylie Nomchong SC, counsel assisting the chief coroner Lorraine Walker, in her opening said the Commonwealth conceded the fire was sparked by the aircraft's searchlight, which had reached about 550 degrees Celsius, after it landed on dry vegetation.

Played to the court was an in-flight recording involving one of the crew members, who said "what are the chances of a whiz break?" about two hours into the exercise.

The co-pilot, also a major, then sought authorisation to land "for the guys to get out and have a piss".

After making the unplanned landing and disembarking, the audio recorded "we've started a fire, we've started a fire" and "turn the search light off".

The aircraft captain decided to return to Canberra Airport and a "Pan Pan" call was made.

The captain also sent text messages about external damages to the aircraft and it was some time after landing, 17 minutes after the ignition, that fire authorities were notified.

Earlier that day, a very high danger rating was issued for the ACT.

During questioning by Ms Nomchong, the co-pilot said he did not conduct any risk assessment prior to the flight and that the one that was conducted did not identify hazards associated with the searchlight igniting a fire.

The aircraft captain admitted he did not immediately report the fire because "in the triage of things going on", including the safety of those onboard and trying to land a damaged aircraft, it was lower on his considerations.

"Pretty much all of my brain space was dedicated to monitoring systems in the aircraft," he said.

The captain said his decision not to report the fire while still airborne was not a conscious decision.

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The inquiry has anonymised and suppressed all Defence personnel onboard despite there being no security issue raised and only the possibility of "some sort of prejudice" that includes "social media trolling".

Ms Nomchong said it was remarkable and one of the "serendipitous moments of this entire event" when a "lone observer" in the Mt Tennant fire tower calls spotted smoke, triggering the territory's emergency services to respond.

She said there was a live issue about when the army advised the territory's emergency services about the aircraft igniting the fire, the manner of the ignition, and the coordinates of the fire.

"There is no evidence in the brief of evidence indicating that on 27th of January 2020, the occupants of ANGEL21 notified anyone in the ESA command centre of the fact that they were intending to land in the Orroral Valley or the fact that they had landed or the fact that they had ignited the fire," Ms Nomchong said.

The chief coroner, Ms Walker, said the inquiry was not to "crucify" any individuals for the decisions made nor "in any way to undermine the vital relationships that exist between our military and civilian authorities, which is so proven so essential".

"We're here to explore how we can learn," Ms Walker said.

Among the key issues in the inquiry, which focuses on the 45 minutes it took for the helicopter crew to alert the ACT Emergency Service Agency, are the circumstances of the operation by the Defence Force, ACT ESA and ACT Parks, and Conservation Services.

The fire burned across the territory for one month and led to the Clear Range fire across the border, destroying numerous properties.

The inquiry on Monday also heard how the fire impacted 11 landholders - nine from NSW and two from the ACT - who are also taking part in the proceedings.

This included Karen and Michael Gallagher, a couple who was getting ready "to enjoy the benefits of retirement".

"The fire completely changed their lives," Peter Tierney, barrister for the residents, said.

"They're finding it difficult to get themselves together and to build a new home."

Another resident, Gini Eagle, who had always been careful in using machinery during summer, "found it a devastating experience".

"Fire's caused a lot of scarring...and she feels it would take many years of her life," Mr Tierney said.

Peter Bottomley spent "long and lonely" months repairing some of the damages done.

"It imposed a huge emotional and physical drain on him personally ... and due to COVID he felt very isolated after the fire," Mr Tierney said.

After the fire, Defence instigated a number of measures, including putting an immediate stop to using searchlights and conducted an aviation safety investigation that resulted in 45 findings and 21 recommendations.

The ACT Emergency Services Agency's commissioner Georgeina Whelan also provided a response about the lessons and certain steps taken.

Ms Whelan is expected to give evidence on Thursday. The chief coroner in July 2021 announced the inquiry, which is set to take until Friday.

Clarification: This report originally used the phrase "what are the chances of a piss break?". After review of the audio played during the inquest this has been changed to "what are the chances of a whiz break?.

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