Australian comedian Jim Jefferies has launched a blistering attack on Prime Minister Anthony Albanese and the Commonwealth Director of Public Prosecutions (CDPP) over a decision not to pursue charges in the wake of a 2023 military helicopter crash that killed four soldiers.
Appearing on KIIS FM’s Kyle and Jackie O Show on Friday, the LA-based comedian expressed deep frustration with what he labelled a “disgusting” and “unjust” outcome, after learning the Defence Force would not be prosecuted over the incident that killed his 24-year-old nephew, Lieutenant Max Nugent.
The crash, which occurred on July 28, 2023, near Hamilton Island during Exercise Talisman Sabre, claimed the lives of Lieutenant Nugent, Captain Danniel Lyon, Warrant Officer Class 2 Joseph ‘Phillip’ Laycock, and Corporal Alexander Naggs.
Their MRH-90 Taipan helicopter, call sign Bushman 83, crashed into the water while flying in formation with three other helicopters in poor weather and low light.
“I wish I were talking to you both under better circumstances,” Jefferies said to the radio hosts, before launching into a passionate criticism of the two-year investigation process and the last-minute decision to drop the case.
“My family has been going to watch the hearing for over two years.
“For two years, they’ve been going, using up all their holiday leave and everything, having to listen to black box recordings, having to listen to different evidence from each side… And now, five days before the two-year date, they have said that there’s no claim, the families are getting nothing, there is no fault.”
Under current legislation, families have a two-year window to file legal action, and the CDPP’s decision, made just days before that deadline, effectively shuts the door.
Jefferies argued the crash was preventable, pointing to evidence provided by test pilot Major Ian Wilson during the hearing, who warned that the TopOwl helmet used by the pilots posed a “substantial risk of multiple deaths” and said the system could amount to “industrial manslaughter”.
“Maybe you could argue maybe it wasn’t the helmet, maybe it was, but the families deserve a day in court,” the 48-year-old comedian said.
“You can’t just run out the clock.”
Jefferies said his family had been told they would receive justice.
“Well, Albanese can go F himself because this isn’t justice. This isn’t even an attempt of letting us see if we could get justice,” he said.
“We haven’t even been given a fair shake of the whole thing.”
The father-of-two also slammed the CDPP as “disgusting”, citing fatigue concerns with the pilots and managerial failures within Defence.
“The pilots they’ve proven had fatigue and shouldn’t have been up there within the guidelines of the military… Even if it wasn’t technical, there was some managerial problems there or what have you.”
Jefferies went on to criticise the federal government’s public support of the armed forces, calling it hollow.
“You can have people laying wreaths on Anzac Day and saying they shall not be forgotten, and we support the troops. But at the end of the day, you’re doing nothing. That’s all just lip service. That’s all just symbolism.”
According to a 228-page report by the Defence Flight Safety Bureau, released in May, the crash was caused by “spatial disorientation”, with Captain Lyon and co-pilot Lieutenant Nugent becoming disoriented for 21 seconds before slamming into the water at 259km/h.
Following the crash, Comcare launched an investigation into potential breaches of workplace health and safety under the Commonwealth Work Health and Safety Act 2011.
A brief of evidence was passed to the CDPP, but the watchdog has since confirmed it “did not consider there was sufficient evidence to commence a prosecution”.
After his radio interview, Jefferies shared a Nine News segment featuring interviews with the victims’ families, including his brother Dan Nugent, father of Lieutenant Max Nugent and a senior NSW police officer.
“Completely heartbreaking. I’m disgusted with the decision from the Commonwealth DDP. This is so wrong. I believe this is a complete cover up,” Jefferies wrote on social media.
“My nephew and the three other men deserve better. I hope my family takes the defence force to civil court now.”
Dan Nugent told Nine he was “dismayed” by the outcome, citing strong evidence presented during the inquiry about fatigue management failures and safety concerns around the TopOwl helmet.
“They were fatigued to a level that would have affected their ability to fly that helicopter,” he said.
“How can we have confidence in any government entity, let alone our Defence Force… if they’re not prepared… to contest that… for the public to be able to hear it in open court? It’s just disgraceful.”
A relative of another fallen soldier told the ABC on Thursday they felt “defeated and broken” by the decision.
“They deserved better.”
On Friday, the CDPP informed SkyNews.com.au that there’s currently “insufficient evidence” to initiate a prosecution based on the “briefs of evidence referred by Comcare in relation to that incident”.Â
“Following an application of the Prosecution Policy of the Commonwealth, the CDPP has determined that there is presently insufficient evidence to commence a prosecution based upon the evidence within the briefs that were referred to the CDPP,” it said.Â