Inquest into an NZSAS soldier’s death closes with heart-rending family statements containing stinging criticism of the NZ Defence Force. The coroner hearing the evidence forecast her own criticism over the speed of change and lack of transparency. David Fisher reports.
A coroner has told our military it appears “unconscionable” it has yet to finish updating a training manual intended to correct flaws that contributed to the death of an NZSAS soldier, impacting on the safety of those currently serving.
The criticism followed heart-rending and highly critical victim impact statements from the whānau of NZSAS Lance Corporal Nicholas “Nik” Kahotea, who died in a training incident in 2019.
Coroner Tania Tetitaha closed the inquest into Kahotea’s death with strong words for the NZ Defence Force (NZDF), including questioning whether it had actually proved that the failures that led to Kahotea’s death had been fixed.
While not Tetitaha’s final findings, she said she would be making comments over NZDF’s delay in answering whānau questions, delays in putting change in place and its lack of transparency – including with coronial staff.
“Seven years and we still don’t have a completed training manual. It is still under review. That seems unconscionable.”
Kahotea, a decorated NZSAS soldier and a father, died during a training exercise hosted by the NZSAS in which the United States’ Green Berets and the elite US “Night Stalkers” helicopter squadron visited NZDF’s Battle Training Facility in South Auckland.
The NZSAS soldier sustained fatal injuries when exiting a Black Hawk helicopter that was leaning against the top of a training building in a technique known as a “wheel bump”, in which the aircraft wheel is used to hold it close while passengers step off in a rapid assault.
It is a technique that NZDF does not use and which the NZSAS had not previously – or since – trained in. It was included in the training session that day at the request of the visiting US personnel.
Contrary to the NZSAS’ usual “crawl-walk-run” practice involving graduated rehearsals, Kahotea’s troop of soldiers carried it out at night, using night vision goggles, and wearing full battle dress weighing around 35kg.
Planning and risk assessment failures were identified in NZDF internal inquiries, and by WorkSafe which sought to prosecute NZDF for causing Kahotea’s death. It was blocked from doing so at the High Court after the Chief of Defence Force used a special waiver protecting the military from prosecution when carrying out operational activities.
Even as WorkSafe was blocked from prosecuting, Kahotea’s death was linked in an internal army review of safety and training to system-wide defects.
During the inquest, Coroner Tetitaha heard from the NZSAS soldiers aboard the helicopter with Kahotea on the night he died, thanking each for their service after they described the events leading up to the fatal fall.
She had also heard how NZDF had made significant change as a result of flaws but that the training manual that set out safer processes was not signed off.
It was to those NZSAS soldiers who testified that she referred – and all those serving in NZDF’s Army, Air Force and Navy services – when she raised concerns over NZDF’s delays and obfuscation following Kahotea’s death.
She pointed to the length of time that had passed since Kahotea had died – almost seven years – and how safety gaps left unchecked in that period were dangerous to those who served.
“Those men remain at risk every single day. This isn’t rocket science. It’s pretty basic.”
Tetitaha’s comments were addressed to NZDF’s lawyers and Assistant Chief of Army (Training) Colonel Paul Hayward, who has been the only uniformed officer to attend the three-day inquest into Kahotea’s death.
“We owe it to all of our service people to make sure we provide, on home soil, the best responses … within a timely manner.”
Tetitaha said she had studied NZDF’s information produced to the hearing that claimed to show changes to identified problems.
“I am concerned as to whether there is evidential sufficiency to say those concerns have been met.”
She said evidence about change was “not well documented”, “relatively brief and very general”.
“The family had specific concerns and a lot of those don’t seem to have been replied to in the documentation that lies behind the proposition it is now safe.”
Tetitaha said there had also been a “lack of transparency” by NZDF which had stood in the way of, or delayed, access to information that would have allowed a better understanding of why Kahotea had died.
She said she was concerned about the delays in NZDF providing access to information that would have helped inform health and safety changes.
An example she offered was the years-long delay forensic pathologist Dr Kilak Kesha experienced trying to access the Battle Training Facility area where Kahotea fell.
She said it should have taken no longer than a year for access to be granted.
Tetitaha’s words followed deeply emotional statements from Kahotea’s mother and stepdad, Lois Pamment and Trevor Duncan, his younger brother Caleb and partner Dr Sophie Walker, who he met through the NZSAS in her role as a specialist scientific advisor.
Pamment spoke of how she worried “daily” over her son’s wellbeing when he was at war in Afghanistan only to lose him at home in an incident she called “a disaster waiting to happen”.
She said NZDF’s failure to follow its own process, and US military errors, “failed my son”.
“We were informed face-to-face that it was ‘Nik’s fault’ which I wholeheartedly disagree with and struggle to reconcile when reading transcripts of reports leading up to the day and on the day of Nik’s death.
“I believe my son died unnecessarily through a litany of incomplete or absent risk assessments, safety checks and by completing a manoeuvre that he never trained or had completed – ever, either him or his comrades.”
Caleb Kahotea said he and his brother had faced many struggles together and, as the younger of the pair, he had leaned on the man who had grown ahead of him. Since May 2019, he said there were many times he had turned to his brother for advice only to remember it was no longer possible.
“His death was abrupt and left our family with unanswered questions. The lack of clarity has compounded our grief and, instead of being able to mourn and begin grieving, we have endured years of process.”
Duncan said it was hoped the issues raised in the inquest would result in changes and give Kahotea rest “knowing his loss will at least help to prevent any further unnecessary losses”.
“The impact of Nik’s death has changed our family forever. We deserve answers. We deserve to be heard.”
Walker spoke of how Kahotea’s death did not just remove him from their lives, “it erased an entire branch of possibilities for our family”.
She said at the time of Kahotea’s death his last will was dated 2011 as NZDF had no system compelling NZSAS personnel to keep updated documents. It meant she was not recognised until recently, and was “administratively invisible” and left to grieve alone.
Walker spoke of a note left for her by Kahotea just before he died. Along with a personal message, she said he included a quote from one of their favourite books.
It read: “Try looking into that place where you dare not look! You’ll find me there, staring out at you!”
She turned to Hayward and said: “To our NZDF representatives in this room. Look at our whānau. We are the place you dare not look.”
David Fisher is based in Northland and has worked as a journalist for more than 30 years, winning multiple journalism awards including being twice named Reporter of the Year and being selected as one of a small number of Wolfson Press Fellows to Wolfson College, Cambridge. He joined the Herald in 2004.
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