WHAT HAPPENED IN COURT?

After gathering evidence from all the bushfires across NSW during the Black Summer of 2019/20 the NSW Special Coronial Inquiry narrowed down matters for this hearing to investigation to RFS backburning practices, the issuing of warnings about fires to the community and implementation of the NSW Bushfire Inquiry Recommendations 47 and 48.

These matters are being explored through two case studies, the Mt Wilson backburn and the Corwan (Lake Conjola) cluster of backburns. The hearing will determine whether Statewide recommendations are needed to address these matters.

On 15 May hearings commenced into the escaped RFS Mt Wilson backburn and ran for a week. The Government Departments of RFS and National Parks & Wildlife Service were represented by Senior and Junior Counsels and instructed by Crown Solicitors. The only other party represented at the hearing was the Mt Wilson Backburn Survivors Group (now called ON FIRE for better bushfire management). This group is made up of residents from Mt Tomah and Berambing communities impacted by this fire and they were represented pro bono by Hon Adam Searle who attended each day of the hearings representing Jochen Spencer and Kooryn Sheaves and other residents.

HEARING DAY 1

On day 1 of the hearing the Mt Wilson Backburn Survivors Group had three Expert Witness reports accepted unchallenged by the Court and mentioned by Counsel Assisting the Coroner in his opening remarks. The reports are:

• An independent fire expert report by Mr Nic Gillie B.Sc. MA Fire in Landscape on the seven escaped RFS strategic back burn fires that helped create the Gospers Mountain Mega Fire and the four missed opportunities to contain the wildfire without using strategic backburns. These escaped RFS back burns grew the fire from 56,000 hectares to a final size of 780,000 hectares destroyed or damaged 217 houses and sheds; and killed an estimated billion animal and flora species. View report at: https://www.dropbox.com/s/rquys2m5cly9p55/Report_NicholasGellie.pdf?dl=0

 

• A report by Brian William Volunteer Fire Fighters Association, RFS Captain Kurrajong Heights of 37 years, 11 years leader Remote Area Fire Fighter Team Leader and expert in community fire management planning annual  mosaic pattern  cool burn hazard reduction program. This helped save Kurrajong Heights and stopped the escaped Mt Wilson backburn travelling across to Bowen Mountain and down the road to Western Sydney Read Brian Williams’ report at: https://www.dropbox.com/s/3b9lhkh2qwl936e/2023%20Brian%20Williams%20Report%20for%20Coroner_FINAL.pdf?dl=0 
• A report from Dr Terry Kirkpatrick, community disaster recovery specialist on the importance of Government institutions like the RFS acknowledging their mistakes and learning from them so the community can be assured of an improved response in the future and feel safer. Read Terry Kirkpatrick report at https://www.dropbox.com/s/qwm7l33v00dcljz/Report%20by%20Terence%20Shane%20Kirkpatrick%20for%20the%20Coroners%20Court%20%5Bwith%20annexures%5D.pdf?dl=0

After these opening remarks the hearing commenced with Jamie Carter RFS Blue Mountains Divisional Commander for the Mt Wilson backburn giving evidence that is summarised below: https://www.youtube.com/watch?v=ojQ8MCrZAvw 

Key points in Carter evidence are:

• A briefing was given to RFS Crews lighting the backburn at Bilpin Hall, but he could not recall Bilpin being involved in planning the operation.
• There was no contingency plan if the backburn escaped for any of the Highland communities, Mt Wilson, Irvine, Tomah, Tootie or Bilpin District.
• he was aware of previously escaped RFS strategic backburns before the Mt Wilson burn
• In changing the plan on 13 December to light a strategic backburn at the corner BLOR and Mt Wilson there was concern for the escaped backburn at Newnes Glow Worm Tunnel that had been lit on 7 December which was travelling towards Mt Wilson and the Grose Valley.
• The Mt Wilson back burn was lit at 10am in very high fire danger and extremely low fuel moisture content conditions in breach of RFS Backburning Protocol #17 at the corner Bells Line Road and Mt Wilson Road. 
• At about 2pm National Parks Air Attack Supervisor Banffy landed his helicopter and had a conversation that he could not recall.
• At about 3pm the burn escaped in the Bowens Creek catchment area with 25 years of fuel loading. The escaped was caused by a change in the weather conditions.
• Carter requested an Emergency Warning be issued and it was but for the wrong location. Mt Lagoon and Colo Heights got warnings. This was corrected 40 minutes later.

 

HEARING DAY 2

Day 2 of the hearings Jamie Carter giving further evidence under cross examination. The key points of exploration were the lighting of the backburn in breach of RFS Protocols specifically:

• Weather predictions for very high fire moving to severe fire danger.  
• in the morning with rising temperatures
• very low fuel moisture content 
• in a location where fire had previously escaped into the Grose and Bowens Creek catchments
• back up resources were at Orchard Hills (Penrith) about 1.2 hours from Mt Wilson
• there was no contingency plan for local communities if the fire escaped.
• whether the correct weather forecast was relied on in lighting the backburn

When Carter was asked by Counsel Assisting the Coroner if he would do anything differently, he said no.  Two other RFS Volunteers involved in the planning and implementation of the backburn, Ken Pullen and Craig Burley were present during Carters testimony and were later asked the same question and replied they would do the same again.

HEARING DAY 3

 

Day 3 was summarised by ABC news at https://www.abc.net.au/news/2023-05-17/black-summer-bushfire-inquest-gospers-mountain-mega-blaze/102355452 and the key points were:

• Craig Burley Divisional Operational Commander and Ken Pullen Assistant Planner for the fire supported Carters statements to the Court.
• Both stated the plan was well considered and but for the change of weather would have worked.
• Burley recalled about 2pm National Parks Air Attack Supervisor Banffy landed his helicopter and had a conversation that he could not recall specific details.

National Parks and Wildlife Service Air Attack Supervisor Chris Banffy has worked for over 30 years in this job. Key points in his evidence were:

• The weather report on the Incident Action Plan for the day was accurate. (Note: This was not the weather report used by Carter and Burley to light the fire)
• That lighting a fire in the location in any weather conditions other than a SE wind was a red flag in an already high-risk strategy. The wind was predicted to blow from the Northwest.
• That when he arrived in a helicopter at the fire ground he was so concerned that the backburn fire line along BLOR was so extended compared to Mt Wilson road that fire on BLOR would burn down to Mt Wilson road ahead of the backburn burn lighting crew and trap them.
• He was making radio calls telling Carter and Burley of this without effect.
• His concerned for the safety of fire fighters and Mt Wilson residents and property owner was so that he ordered the helicopter he was travelling to land so he could speak with them in person. 

The other witness to appear on this day was the leader of the Hills RFS Strike Team……….. He gave evidence that the BLOR back burn came at them very quickly and he ordered his trucks to drive away in whatever direction their trucks were facing to escape the back burn fire front from BLOR as it swept across Mt Wilson Road and into Bowens Creek catchment. 

 

DAY 4

 

Day 4 was a short day with only witness Captain Mt Wilson RFS Brigade Beth Raines which generated two news stories below.

 

• https://www.abc.net.au/news/2023-05-18/black-summer-quest-hears-back-burn-foregone-conclusion/102364478

 

• https://www.abc.net.au/news/2014-07-26/blue-mountains-residents-concerned-road-access/5626056?source=rss?pfm=ms

 

The day heard from Mt Wilson RFS Captain Beth Raines. Key points of her testimony are:

• On Friday the 13th of December Bell RFS Captain rang Wilson RFS Captain to say have you noticed the live traffic update. Bell’s line of road will be closed tomorrow 14 December. This is how Raines learned of the change of plan.
• At 4.56 PM there was a teleconference with RFS Incident controllers and planners and Mt Wilson and others to discuss the change of plan.
• Raines asked that the burn be started at Mt Wilson and burn down the mountain to Bells Line of road. This is a strategy that had been successful in the 2013 State Mine Fire. She also asked that the briefing of the brigades be held at Mt Wilson not Bilpin so volunteers could get an idea of the lay of the land they backburning. Neither idea was implemented.
• Raines told the Court Mt Wilson RFS was given no choice about how it was done “it was a foregone conclusion’’.
• Raines also stated there were alternatives to the plan proposed by RFS HQ, one was to burn from the top of Mount Wilson in both directions to bells line and Irvine. There was no problem of dryness of fuel at Mount Wilson as it had not got much rain.
• At a previous meeting on 11 December Raines recalled RFS planners had said they were worried about the escaped RFS backburn fire at Newnes Glow Worm Tunnel.

 

DAY 5

Court appointed expert Geoff Conway AFSM gave evidence as an independent expert. Conway worked for the Victorian CFA from the early 1980’s to being Deputy Chief Operations Officer (equivalent position to Deputy RFS Commissioner) during the Black Saturday fires in 2009 and was on duty on that fateful Saturday.

 

Conway is mentioned in 2009 Royal Commission (Volume 2 Emergency and Incident Management) and in adversely in the Victorian media at the time. https://www.abc.net.au/news/2009-09-15/cfa-top-brass-dithered-as-victoria-burned/1430042

 

He received the Australian Fire Service Medal (AFSM) as the result of being a staff member of the CFA at the time. He started a consultancy business in 2011 and has done consultancy work for the NSW RFS. Conway has never worked as an operational commander in the field.

 

Conway broadly agreed with the RFS plan to manage the Gospers Mountain wildfire knowing the following facts:

• The RFS plan on 12 November 2019 was to surround the wild fire with strategic backburns that would grow the fire ground from 56,000 hectares to 450,000 hectares. The court heard over a million hectares was burnt.
• The 6 strategic backburns they had lit on the Southern Containment line (the Hawkesbury Highlands side of the fire) had all escaped starting on 15 November Putty Road, 19 November Wheelbarrow Ridge Road, 5 December Colo Heights, 6 December Mt Lagoon, 7 December Glow Worm Tunnel and 12 December Newnes Plateau. 
• Fires had a previous history of escaping from corner BLOR and Mt Wilson road.
• The back burn was needed because of the threat posed to the Blue Mountains villages by the RFS escaped Newnes backburns.

The next witness was Peter McKechnie RFS Deputy Commissioner Field Operations. He was asked about warning and implementation of the NSW Bushfire Inquiry Recommendations 47 and 48. It was established that only two community meeting had been held in accordance with Recommendation 47 and those were at Berambing and Kurrajong Heights and that no meetings had been held at other communities impacted by escaped RFS backburns on the southern containment line of the Gospers Mountain fire.

The need to hold meeting with communities where backburning had been an issue across NSW was agreed and that some communities may need multiple meeting. The limitations of the proposed RFS policy for the Incidents Controller to oversee determining whether community meeting should be held was debated along the idea of independent mediator and further training for the RFS personnel attending. 

 

The Court resumes in July to hear final submissions.

 

15 May – https://www.youtube.com/watch?v=ojQ8MCrZAvw (James Carter RFS)

16 May – https://www.youtube.com/watch?v=ZKliT6DuOYA (James Carter RFS, Ken Pullen RFS, Craig Burley RFS)

17 May – https://www.youtube.com/watch?v=rO6SY6s60Hg (Craig Burley RFS, Chris banffy NPWS)

18 May – https://www.youtube.com/watch?v=TMyFElAgu_0 (Elizabeth Raines RFS/NPWS)

19 May – https://www.youtube.com/watch?v=FwejQP0n4UU ( Geoff Conway fmr Deputy Chief Officer CFA Victoria & Peter McKechnie – RFS Deputy Commissioner Field Operations)