Stephen Hoare and Alex Welling: Goulburn skydivers’ deaths came after equipment got snagged on plane in mid-air

A series of small “sliding doors” moments could have prevented the deaths of two skydivers, who fell after they became entangled on a plane mid-air during a catastrophic jump, a court has been told.

Instructor Stephen Hoare, 37, and his tandem passenger Alex Welling, 32, died while skydiving at Goulburn airport, in southern NSW, on June 27, 2021.

SafeWork NSW has charged Goulburn Flight Training Centre and its sole director Attilio Giovanni Ferrara, known as John Ferrara, with two counts each of breaching workplace safety duties.

A lengthy trial in the NSW District Court heard the skydivers’ equipment snagged on a metal step that was recently installed on the Cessna plane.

A short GoPro video taken by a third solo skydiver was played during the trial, showing Mr Welling smiling as he moved towards the open door of the plane strapped to Mr Hoare.

The men were filmed sitting on the edge of the open door for a few seconds before they attempted to launch.

The vision showed a black strap getting caught on the protruding step, leaving the pair frantically dangling upside-down mid-air.

The pilot later attempted several manoeuvres to free the men, including flying low over the airport while staff on the ground stood on top of a four-wheel drive to try and grab them.

Mr Ferrara argued there had been a direction not to fly the Cessna until an engineering order for the step had been completed.

During closing submissions on Tuesday, the workplace watchdog’s barrister Darien Nagle said any number of small decisions may have prevented the men’s deaths.

For example, Mr Ferrara could have locked away the plane keys or there could have been a “buddy check” of the men’s equipment before the jump, Mr Nagle said.

“There’s a number of sliding doors moments that, if only one of them had been taken, we wouldn’t be here today,” he told the court.

Mr Ferrara’s barrister Maurice Baroni said four witnesses heard his client say the plane could not be flown without the engineering order.

The court could only see the flawed design of the step in hindsight, Mr Baroni said.

“All of us are looking at this with the benefit of hindsight, having in our mind there were two tragic fatalities that occurred.”

But Judge Andrew Scotting said the U-shaped step was not only a snag risk, but a “bad snag risk”.

“It had space for webbing to get underneath,” Judge Scotting said.

“The reason why ... the skydivers couldn’t free themselves is because the webbing got caught under the U-shape.”

Mr Baroni said safety systems were in place at the skydiving operation and Mr Ferrara was relying on his experienced employees to carry out their duties.

Judge Scotting reserved his decision, while offering his condolences to the men’s families.

“Their presence really honours Mr Welling and Mr Hoare,” he said.

“Nothing I can do ... can make their plight any better, except to say that I’ve examined the evidence and will come to a conclusion.”