Almost seven years after a near-death chopper crash involving a high-profile tourism operator, the Civil Aviation Safety Authority has finally investigated, finding pilot Troy Thomas’ conduct was reckless, negligent and unlawful.
CASA’s belated preliminary investigation report into a 2019 chopper crash, obtained through Freedom of Information laws, revealed Thomas would have faced four criminal charges — carrying maximum combined penalties of seven years’ imprisonment — had he not died in another aviation incident less than a year later.
Thomas — a multiple Australian Tourism Awards winner and Hall of Fame recipient — was the founder and director of Horizontal Falls Seaplane Adventures in Broome and Swan River Seaplanes in Perth.
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The tourism stalwart was killed along with 12-year-old Amber Millar when a helicopter he was flying — a Robinson R44 registered VH-NBY — crashed immediately after take-off from an industrial site in Broome in July 2020.
A photograph of Troy Thomas (right) with Ernie Dingo was shared on social media. Credit: Supplied/Facebook
But less than a year earlier, in July 2019, Thomas had crashed another Robinson R44 — this one registered VH-ZGY — off the top of his catamaran High Calibre while it was moored at Raft Point off the Kimberley coast.
The 40-year-old had attempted to take off while the chopper was still tethered to the boat, destroying the aircraft and seriously injuring his two passengers.
Thomas’s operations manager, Bryce McGlashan, suffered a serious back injury, while the second passenger, Chelsea Cortese, almost drowned.
Troy Thomas’s Robinson R44 Clipper II on top of his boat High Calibre. Credit: Western Australia Police Force/supplied
“There is sufficient evidence to establish that the operation of aircraft VH-ZGY on 12 July 2019 by Troy Thomas was reckless,” the recent CASA report says.
“His actions were negligent by failing to ensure that all tie down and straps had been removed prior to take-off, that all persons on board were briefed in emergency procedures prior to departure, were wearing life jackets and dangerous goods were being carried on the aircraft and were not stowed and secured appropriately.”
The report states that after the crash, Mr McGlashan was admitted to Broome Hospital with spinal injuries but told medical staff the injuries were from falling from a ladder on the boat.
CASA did not seek a formal witness statement from Ms Cortese until April this year.
“Ms Cortese states that the cause of the crash … was a direct result of Troy Thomas failing to remove a blue tie-down strap attached to the helicopter’s landing gear,” the investigator wrote.
Damage to Troy Thomas’s boat High Calibre caused by a helicopter crash involving his Robinson VH-ZGY . Credit: Supplied/ATSB
“Furthermore, she states that life jackets were not provided, 2 fuel jerry cans and a toolbox were located unsecured on the backseat.
“During a rushed pre-flight briefing Mr Thomas failed to correctly close her rear door, which flung open on impact with the water allowing Ms Cortese to exit the helicopter.
“Ms Cortese states that this is the only reason that she is alive today.”
According to CASA, Thomas ordered both passengers not to tell anyone about the crash before arranging for another pilot to fly them back to Broome.
The crash was not reported to aviation authorities despite it being “immediately reportable” under federal law.
The destroyed helicopter was subsequently claimed on insurance.
In February 2024, CASA told The Nightly it had never investigated the serious crash.
The report reveals the recent probe was launched only after CASA’s Legal Division received a public complaint.
The report, completed in April, found Thomas was not authorised to fly at the time of the crash.
Thomas, who held a Private Pilot Licence Helicopter, had a valid flight review but his medical certificate had expired.
“It appears that Mr Thomas was using aircraft VH-ZGY for a mix of commercial and private operations in the days leading to the crash,” the report said.
“On the day of the flight Mr Thomas should not have been flying the aircraft.”
CASA considered possible offences – including reckless operation of an aircraft, flying without the required medical authority, carrying dangerous goods and failing to report an immediately reportable aviation occurrence – which carried maximum combined penalties of seven years’ imprisonment.
The report concludes there is sufficient evidence Thomas committed multiple serious aviation offences, but his death means no prosecution can be brought.
The destroyed chopper was owned and operated by Thomas’s company, Avanova Pty Ltd.
One of the injured passengers, Ms Cortese, is suing the company, claiming it breached its duty of care and that she has suffered serious and enduring physical and psychological injuries.
The Nightly does not suggest Ms Cortese’s allegations against Avanova are true, only that they have been made.
Ms Cortese says the chopper crash, which occurred when she was 20 years old, has ruined her life.
Amber Millar, 12, was killed in the second crash along with Thomas. Credit: Supplied
“The injuries arising from the helicopter accident have resulted in approximately 12 months of combined hospital admissions and ongoing medical treatment, with medical expenses exceeding a quarter of a million dollars,” she said.
Her case is listed for a seven-day trial in the Perth District Court from October 5.
However, Ms Cortese — who has been on a Disability Support Pension since the crash — is afraid she will have to represent herself.
“Despite my best efforts, I have been unable to find a lawyer before my trial,” she said.
“As a result, I am preparing to represent myself in a complex aviation negligence case involving technical aviation evidence, expert witnesses and extensive documentary material.
“I hope an aviation lawyer will come forward to help so I can have a fair trial.”
Ms Cortese said CASA’s report corroborated her claim but provided little comfort.
“It’s unfortunate that there will never be an opportunity for those matters to be fully considered through the criminal justice system,” she said.
Amber Millar, 12, was killed in the second crash along with Thomas. Credit: supplied
“I’ll live with my injuries for the rest of my life and Amber Millar never got the chance to live hers.
“Although Amber died in a separate accident involving Avanova, her family has also spent years seeking justice.”
Ms Cortese’s accident occurred less than a year before the Perth schoolgirl was killed alongside Thomas.
The revelation that CASA would have taken enforcement action against Thomas if someone had reported the 2019 crash to aviation authorities has compounded her parents’ grief and despair.
Fiona and Clint Benbow — who lost their only child — say they feel “let down” by CASA and furious the regulator has taken no action against “individuals or companies” in relation to their daughter’s death.
“CASA should explain why it has taken this long for them to investigate a crash that happened seven years ago,” Mr Benbow said.
“Show us the investigation and report into the fatal crash that claimed our daughter’s life and prosecute any surviving persons that were involved and had prior knowledge (of the maintenance issue with VH-NBY) before it went up that day.
“CASA needs to show us and the public that they take these incidents seriously and aren’t scared to hold companies and individuals to account.”
The Benbows are also suing Avanova, along with Mr McGlashan and maintenance company Pearl Coast Heli Maintenance, over Amber’s death.
The Nightly does not suggest any wrongdoing by Mr McGlashan or Pearl Coast Heli Maintenance, only that proceedings have commenced and are ongoing.
Their matter is listed for trial in the Perth District Court on October 20.
Mr McGlashan and Avanova director Sophie Thomas, who are represented by law firm Jackson McDonald, did not respond to questions.
A CASA spokesperson said: “In light of ongoing legal proceedings, we are unable to provide further comment on this matter.”
