The national motorsport peak body has told a court it failed to do enough to keep people safe in the years leading up to a spectator death at the Finke Desert Race in 2021.
Nigel Harris, 60, died on impact when a competing trophy truck veered off the track and crashed into a group of people standing at a popular spectator site 35 kilometres from the finish line.
The sport's national body, Motorsport Australia (MSA), sanctions more than 3,000 events each year, including the Finke, an iconic off-road race that sees competitors navigate 230km of treacherous desert track through Central Australia, but they are not the organisers of the event.
Last August, a coronial inquest set out to examine the adequacy of safety measures in place to protect spectators.
One month before this year's event, the inquest, presided over by Northern Territory coroner Elisabeth Armitage, resumed in Alice Springs this week.
In closing submissions, counsel assisting the coroner, Jodi Truman, said that both MSA and the Finke committee had been aware of the "extreme" danger posed to spectators for years, but did "little to nothing" to mitigate the risks.
MSA, through its counsel, acknowledged that recommendations made in a scathing safety report were not acted on until after it was too late.
'Caught up in the carnage'
The court heard a report handed to MSA in September 2018 by its safety advisor said: "The spectators were far more than I'd expected and there were no measures in place to prevent — or even limit — access to the competition track."
The report also noted there were no spectator marshals "at any location" on the course and claimed the entire course lacked supervision in terms of spectator control.
The safety advisor called for the establishment of a formal exclusion zone along the entire course and recommended the formation of a "spectator safety team" to ensure spectators were effectively managed.
The safety advisor said considering the size of the course, "We cannot continue to allow nothing to be done."
Ms Truman said that, despite MSA following up about the report several times with the Finke committee, its recommendations were not implemented.
In an email to senior colleagues, the safety advisor said the Finke committee had "no appetite for change".
"They clearly didn't agree with what I wrote, or probably more likely, what I suggested was going to be too much work for their liking," he wrote.
Ms Truman submitted that none of the report's recommendations were adopted on the course in 2019 or in 2021 and that some remained outstanding to this day.
The race was not held in 2020 due to COVID restrictions.
Ms Truman submitted that, internally at MSA, other staff were also sounding the alarm.
The court heard an email was circulated within MSA referring to a historic incident in the United States, where eight spectators were killed in a similar type of race and the promoter was sued.
"There's no doubt we would be caught up in the carnage if something were to go wrong," the email read.
"Let's make sure we do every little thing right here!"
In another email concerning safety, a video taken at Finke 2019 was circulated within MSA, showing hundreds of spectators standing within touching distance of the track as a trophy truck hurtled over a crest and remained airborne for several seconds before touching down and continuing the race.
The 2018 report was provided to the Finke committee within four months of the race that year.
But counsel assisting told the court it did not appear any action was taken by the committee until May the following year when it was forwarded to an external "risk expert".
Then, six weeks out from the 2019 event, a Finke committee member sent a further email to the risk expert.
"What is apparent from listening to you — and from our own internal reviews — is we are severely lacking in the appropriate processes and documentation from a legal and basic safety level," the email read.
Second report not acted on, court hears
The court heard another report commissioned by the Finke committee following the 2019 event rated the risk of a spectator death as "extreme" and recommended flyers be distributed and barricade tape be used in accordance with international rally guidelines.
MSA also prepared a report after the 2019 race saying there was a need for "more resources and qualified individuals" to be available at the event.
It noted that in one incident, a race vehicle flew off the track and into a tree before crushing two tricycles that moments earlier had been occupied by children, the court heard.
"I don't want to think about the consequences," the report's author wrote.
Ms Truman said that, despite the warnings, there was no evidence that any of the concerns were addressed.
Soon after the fatality on June 16, 2021, a governance committee was set up with representatives from the Finke committee, MSA, and peak body Motorcycling Australia.
But Ms Truman told the court the evidence raised the "very real issue" of whether "the Finke committee are sufficiently capable of being able to operate a race like the Finke."
'Significant efforts' to improve
Ms Truman also submitted that elements of a safety management plan developed by MSA and forwarded to the Finke committee were absent at the 2022 event, including designated spectator zones.
Throughout the inquest, senior MSA staff and all members of the Finke committee declined to give evidence.
Judge Armitage also questioned MSA's "increasing levels of secrecy" and a lack of transparency around safety issues, referring to a number of emails and documents circulated within the organisation marked as "highly confidential" and "legally privileged".
Counsel representing MSA, Bruce Hodgkinson SC, told the court the peak body acknowledged that the death of Mr Harris "illustrates that [spectator safety] measures were not sufficient".
"It is accepted that more action should have been taken by MSA to address concerns, which have been raised about spectator safety," he said.
"Improvements should have been made before the race in 2021 to known spectator areas.
"Those improvements should have included a greater presence of trained spectator marshals, improved marking, signage, bunting, and other measures."
Mr Hodgkinson told the court there had been "significant efforts" made to improve safety since 2021, including establishing "no-go zones" and requiring spectators to keep at least 20 metres away from the track at all times.
The coroner will hand down her findings at a future date.
