The NSW District Court has fined Goulburn Flight Training Centre (which no longer operates as a skydiving or flying school), over the deaths of two skydivers in June 2021. Photo: John Thistleton.
The families of two skydivers who died in a fall at Goulburn have told a court about the love they had for the pair before fines were handed down over their deaths.
Goulburn Flight Training Centre and one of its directors, Attilio Giovanni Ferrara, were both found guilty of two counts of failing to comply with a health and safety duty at a NSW District Court judge-alone trial.
Last week, Judge Andrew Scotting published a decision stating he would have fined the pair a combined $1 million, but, due to their limited capacity to pay, he reduced the total fines to $250,000.
The training centre operated the Adrenalin Skydive Goulburn skydiving school from an airport in Brisbane Grove, which is just south of Goulburn.
On 27 June 2021, 37-year-old skydiving instructor Stephen Hoare fitted a harness onto 32-year-old student Alex Welling before their tandem skydive, but he accidentally left a strap hanging loose.
When Mr Hoare and Mr Welling jumped out of a Cessna 182, the strap became caught on a step, leaving the skydivers hanging underneath the aircraft.
The pilot, who was also the school’s chief instructor, tried to help the men, but they slipped free while 100 metres above the ground.
Mr Hoare activated a reserve parachute, but it didn’t open in time, and the pair were fatally injured in the fall.
Judge Scotting said the step, which had been fitted onto the Cessna by the chief instructor, presented “an obvious and dangerous snag hazard”.
“The risk of a skydiver’s equipment snagging on an aircraft was well known in the skydiving industry,” he said.
He said it was possible Mr Ferrara, also known as John Ferrera, told the chief instructor to get the step authorised by an aircraft design engineer, but he hadn’t taken any more action to ensure this authorisation was obtained before the Cessna was used in June 2021.
“The reasonable steps that Mr Ferrara should have taken to exercise due diligence were known to him, convenient and inexpensive,” he said.
The families of Sydney father-of-two Mr Hoare and Canberra’s Mr Welling both gave victim impact statements (VIS) to the court.
“The Hoare family impressed me as being exceptionally close, and that has made the loss of Mr Hoare all the more difficult to bear,” Judge Scotting said.
“The photo of Mr Hoare included in his parents’ VIS [victim impact statement] perfectly depicted a young man who loved life and brought joy to his family and friends.”
Mr Wellings’ father said his last memory of his son ‘Alby’ was a social media post of him with his mates at the Goulburn Drop Zone, laughing and looking forward to the tandem skydives.
“His VIS described the precious shared experiences that he has lost and described how difficult it has been for him to cope,” Judge Scotting said.
“Mr Welling’s father stated that he does not hold any ill will towards Mr Ferrara and that he is not interested in retribution, and this speaks of a wisdom and kindness that is rare to find.
“A recurring theme in the VIS was that the families wanted to see things change to prevent further tragedies like this in the future so that the deaths of Mr Hoare and Mr Welling were not in vain.”
Mr Ferrara and the training centre pleaded not guilty in the trial.
But the director said they were deeply remorseful for the fatal injuries sustained by Mr Hoare and Mr Welling, as well as the suffering caused to their family and friends.
“This tragic incident is a reminder of the importance of thoroughly completing all safety checks when conducting high-risk activities, such as skydiving,” SafeWork NSW Commissioner Janet Schorer said.
“I extend my condolences to the family of the two people who died.”
Goulburn Flight Training Centre no longer operates its skydiving or flying school, but provides aircraft maintenance at the airport.
It was fined $100,000, while Mr Ferrera was fined $150,000.
Original Article published by Albert McKnight on Region Canberra.
