Organisers of an iconic outback motorsport event where a spectator was killed last year have been criticised by the Northern Territory coroner for refusing to give evidence at a coronial inquest.
Canberra retiree Nigel Harris, 60, died while attending the Finke Desert Race in June 2021, after a competing trophy truck veered off the track at high speed and crashed into a group of spectators.
Mr Harris' family travelled from Canberra to Alice Springs to attend the coronial inquest in search of answers about his death.
However, coroner Elisabeth Armitage told the court on Thursday that attempts to examine what went wrong on the day Mr Harris died had been stifled by members of the Finke committee and the event's associated incorporation, who had all refused to provide evidence.
Coroner Armitage said the members' silence was "extraordinary" and would hinder efforts to improve spectator safety at future events.
"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," she told the court.
"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."
Coroner Armitage said the purpose of the inquest was "not designed to allocate blame", but to determine what processes and practices went wrong.
"For that to be effective, any mistakes that have been made have to be acknowledged," she told the court.
Race clerk claims he was prevented from doing his job
Just two days before the 2021 event, Barry Neuendorff was appointed to the role of Clerk of Course by governing body Motor Sports Australia (MSA), removing the position from a Finke committee member.
The clerk is responsible for managing various aspects of the race, including operations, radio communications and safety, the court heard.
Mr Neuendorff at first refused to provide evidence at the inquest, but the coroner later provided him with a certificate privileging him from self-incrimination and compelled him to answer questions.
He told the court he was not given headphones despite requests and had no access to radio control at the event, but said that these concerns were dismissed at the time by race director, Antony Yoffa.
"Even before the critical incident, I'd tried to obtain earmuffs so I could be part of the communication and do my job," he told the court.
Mr Neuendorff also said Finke committee member Steve Walton had prevented him from performing his role properly by removing access to a computer.
The court heard that when news arrived that someone was dead or seriously injured, Mr Neuendorff was then told to "sit down and stop asking questions".
Independent report slams 'unqualified' Finke staff
Every year, Motor Sports Australia appoints stewards who give the final sign off for the Finke Desert Race to go ahead.
The court heard that in 2019, Chief Steward Alan Evans prepared a report for the MSA chief executive, flagging the need for "more resources and qualified individuals" to be available at the event, and highlighted "unsatisfactory" spectator controls and operations in place.
"More care needs to be taken to ensure spectators are a safe distance from the track," he wrote in the 2019 report.
Meanwhile, a separate 2019 audit commissioned by Finke Incorporated — at the request of the Northern Territory government — rated the risk of a death of a spectator as "extreme", the court heard.
In his report, Mr Evans was critical of several members of the Finke committee, cautioning that they were "unqualified" and did not fully understand their roles.
He noted in one incident, a race vehicle flew off the track and into a tree before crushing two tricycles, which moments earlier had been occupied by children.
He said he was notified of this incident by spectators, not by a Finke organiser.
Mr Evans also made several recommendations, including the need for Finke Incorporated to prepare a critical incident plan, which he said had not been implemented at the 2021 event.
Injured witness tells court safety measures were unclear
Spectator Robert Mudd told the court he was standing a few metres behind Mr Harris at the time of the crash.
He was seriously injured in the collision, and spent nine weeks in hospital after suffering a broken femur and injuries to his hip and lower legs.
On Wednesday, Mr Mudd told the court he had not seen or read any spectator safety information prior to attending the event, pointing out that track side spectating was open to anyone and did not require a ticket.
He said there were no caution signs, bunting or fencing where he and Mr Harris had been standing, which was recognised as the 35-kilometre sand dune – a popular spectator site.
"I thought if there was no bunting, it meant it was an open area," he said.
Safety messaging provided by Finke Incorporated recommended spectators stand 20 metres back from the track at all times.
However, Mr Mudd said he did not see any officials in the general area where he had been standing, and at no point did anyone tell him to move away from the track.
The inquest will continue at a later date, after lawyers requested more time to hear from witnesses.
