A coronial inquest into the death of a spectator at the 2021 Finke Desert Race has heard that safety measures at the event were “grossly lacking”.
Counsel Assisting the Coroner, Jodi Truman, told the inquest that Harris was struck after the #499 entry incurred mechanical damage on one of the track’s famous ‘whoops’, causing driver Patrick Byrne to lose control.
She also stated that there was “nothing particular” about Byrne’s driving or vehicle which made him any more dangerous than other competitors, but that precautions regarding spectators were “gross lacking”.
According to Truman, an assessment conducted before the incident found the risk of a spectator death to be “extreme”.
“Spectator collision with a competitor’s vehicle was also given a high-risk rating and spectator safety was given a medium-risk rating,” she said.
The inquest was told that no spectator safety marshals or the like had been appointed, and the bunting in the location where Harris died, about 35km from the Alice Springs finish line, did not show where spectators should stand to be in a safe area.
Truman said, “One of the witnesses who gave a statement to police in fact recalled that he thought ‘this guy’s gonna film his own death.’”
One witness, Don MacAulay, claimed Harris was standing only one to two metres from the track at the time of the incident.
He was one of many spectators in the vicinity, yet the court heard that two people in official uniforms nearby “took no, or very little, action with respect to where Mr Harris or other spectators were located in the lead-up to the crash.”
Another spectator, Robert Mudd, spent nine weeks in hospital due to the injuries he incurred, having been standing just behind Harris when the incident occurred.
He said there were no warning signs, bunting, or fencing where he and Harris had been standing.
Motorsport Australia-appointed Clerk of Course Barry Neuendorff told the court that he was unable to even get a headset to access radio control, and had access to a computer removed.
“Even before the critical incident, I’d tried to obtain earmuffs so I could be part of the communication and do my job,” he said.
The court also heard that, upon being notified that a death or serious injury had occurred, Neuendorff was told to “sit down and stop asking questions”.
Two separate reports completed in 2019 also found deficiencies with safety measures at the event.
Chief Steward Alan Evans stated in a report for Motorsport Australia that there needed to be “more resources and qualified individuals” at the event, and that “More care needs to be taken to ensure spectators are a safe distance from the track.”
Among Evans’ recommendations were that Finke Incorporated prepare a critical incident plan, something which had not happened before the tragic 2021 edition.
An audit conducted also in 2019 by Finke Incorporated, at the request of the Northern Territory government, rated the risk of a death of a spectator as “extreme”.
Truck driver Byrne also gave evidence to the inquest, in which he claimed the Finke was unique among races he has competed in, regarding spectator provisions.
“Some tracks have a physical barrier when spectators are closer, sometimes even a freeway,” he explained.
“Otherwise, they are 30 metres back with fencing or bunting outlining where they can stand.
“It would be a distance just so we would have enough room to stop if something happens.”
Counsel representing Motorsport Australia, Bruce Hodgkinson SC, said it was not possible to eliminate spectator risk at Finke.
“There are risks with motorsport, but they are … to be minimised, and they’re to be minimised in every way that they can,” said Hodgkinson.
“Unfortunately, given that we have 226-kilometre track which is publicly and easily accessible at many, many locations, it’s not always possible to ensure that every spectator doesn’t at some point decide to take a risk.”
Meanwhile Finke officials’ behaviour in refusing to give evidence was also highlighted by Coroner Elisabeth Armitage.
“In my view, it’s quite extraordinary that all witnesses associated with Finke Incorporated have declined to answer any questions because of their position concerning this incident – that it may incriminate them under work health and safety legislation,” said Coroner Armitage.
“I’m concerned – and I’m sure the family is concerned – that people directly involved in organising the event appear to be more interested in protecting themselves than protecting others.”
She added that the inquest was concerned with determining what had gone wrong rather than apportioning blame.
The inquest was set to run for three days, but will resume at a later date after lawyers requested more time to hear from witnesses.
