A New South Wales coroner has determined a fatal helicopter crash at Port Stephens was a "tragic accident" caused by a pilot who lost control of the aircraft in dark, turbulent conditions.
The inquest sought to set out the cause of death of five people aboard an ill-fated helicopter that crashed into the sea off Anna Bay on September 6, 2019.
Sydney couple Greg Miller and Jocelyn Villanueva, and Queenslanders David Kerr, Jamie Ogden and Grant Kuhnemann were flying from Brisbane to Sydney on the restored Vietnam war-era "Huey" helicopter.
It was two weeks before divers located the scattered wreckage on the sea floor. Only two of the bodies of those onboard were recovered.
"It's taken a long time to get to this part, two-and-a-half years," Mr Ogden's brother Darren said outside Newcastle court.
Deputy Coroner Carolyn Huntsman determined all five people died as a result of injuries from the crash and ruled their deaths as misadventure.
"The evidence establishes, on the balance of probabilities, that the helicopter crash was unintentional and was a tragic accident," she said.
"It is what it is, we can't change that," Mr Ogden said.
"So that's probably the hard part," he said.
Causes of the crash
An Australian Transport Safety Bureau investigation found pilot David Kerr was not qualified for night flying and the helicopter did not have night navigation equipment.
He was described as a friendly but busy person, always in a rush.
The investigation found there was no mechanical issue with the aircraft and the most likely cause of the crash was the pilot becoming spatially disoriented.
The helicopter's departure from Brisbane had been delayed by several hours. While at a refuelling stop in Coffs Harbour it was noted that the weather was deteriorating noticeably, but the decision was made to press on.
The family of Jocelyn Villanueva, who died with partner Greg Miller, told the court her death was brought about by the reckless decisions of someone who should have known better.
They provided a statement to the inquest that read: "Jos and Greg tragically trusted the ability of a pilot … who did not put the safety of his passengers first and foremost."
