Court order reveals alleged falsification of flight records

By Andrew Curran.

The Federal Court of Australia has authorised the grounding Sky High Helicopters Pty Ltd, trading as Fortescue Helicopters, until November 19, 2026. This follows Australia’s Civil Aviation Safety Authority (CASA) suspending Sky High’s air operator’s certificate (AOC) and aerial work certificate (AWC) on October 22, saying that not doing so would pose a serious and imminent risk to safety.

Justice Thomas Thawley’s orders, handed down in Brisbane on November 9, detail allegations of falsified flight records, concealed maintenance defects, unauthorised maintenance and pilots being directed to fly aircraft with outstanding defects.

“Sky High had engaged in the intentional altering, changing and falsifying of company records of flight data, flight and duty times, training and the control of maintenance by operations staff of Sky High,” Thawley’s order says.

Litany of allegations against WA helicopter operator

CASA commenced an investigation into the Newman Airport (ZNE) based helicopter operator in March 2026. The company conducts sightseeing, mustering, mining support and general charter flights using a fleet of Robinson and Bell helicopters. The investigation identified non-compliant conduct, and a show-cause notice was issued in May, to which Sky High responded.

However, CASA elected to continue its investigation, and a second examination revealed allegations that Sky High had:

• Undertaken unauthorised maintenance and failed to accurately record flight hours and aircraft maintenance releases;
• Allowed operations staff to alter, change and falsify records of flight data, flight and duty times, training and the control of maintenance;
• Failed to ensure that the Chief Executive Officer, Head of Flight Operations, Head of Operations, and Head of Aircraft Airworthiness and Maintenance Control adequately oversaw employees;
• Regularly operated helicopters with maintenance defects that were not recorded or rectified, instead using so-called snag lists (an informal list of defects with no proper record keeping);
• Directed employees, through key personnel, not to record maintenance defects on aircraft maintenance releases;
• Allowed its Head of Training and Checking to conduct pilot examinations he was not approved to undertake and endorse pilot flight crew licences he was not authorised to endorse;
• Operated a permanent base at Horn Island Airport (HID) that was not listed in its exposition or operations manual; and
• Regularly modified aircraft with light detection and ranging (LiDAR) equipment without approval for the modifications or any record of them being made in the aircraft’s maintenance release.

Allegations of a deliberation course of non-compliant conduct

CASA grounded Sky High in October, saying it had reason to believe there was a deliberate and systemic culture of non-compliance with safety requirements. The safety regulator relied on section 30D of Australia’s Civil Aviation Act 1988 (Cth) to issue the grounding order but was required to apply to the Federal Court to prevent the suspension order from lapsing after the fifth business day.

At an expedited hearing in Brisbane, Russell Dyer, CASA’s National Surveillance Manager in the Regulatory Oversight Division, told the court that Sky High had engaged in a deliberate course of non-compliant conduct resulting in the “systematic” dismantling of important safety controls.

Among other findings, Dyer alleged that Sky High CEO Weldon Percy unlawfully purported to endorse the company’s pilots to fly a Robinson R66 helicopter and had “directed and orchestrated” a non-compliant culture at the business.

Percy did not respond to a request for comment.

Australian company records show that New Zealand-born Percy is a director of Sky High Helicopters, along with Perth businessman Martin Blakeman. Sky High’s ordinary shares are 100% owned by Fortescue Helicopters Pty Ltd. That entity is owned by Fortescue Holdings Group Pty Ltd, which is in turn owned by Blakeman family members and Percy through a company called Bos Bovine Pty Ltd, which is wholly owned by Martin Blakeman.

Neither Fortescue Helicopters nor any of the entities controlled by Martin Blakeman or Weldon Percy are associated with publicly listed Fortescue Mining.

CASA further alleges that Fortescue Helicopters operated a scenic flight with paying passengers after it had been notified that its AOC and AWC had been suspended. However, at some point, the charter passengers became aware of the suspension and cancelled their subsequent flights.

“That matter is relevant in assessing Sky High’s culture and issues of risk,” Thawley noted.

Court says allegations of non-compliance are extensive

CASA and Sky High reached an agreement before the court made its orders to extend the AOC suspension until November 19. However, Thawley said that agreement did not “relieve the court of the obligation” to establish reasonable grounds that the operator had engaged in unsafe conduct in order to maintain the grounding. But he had no problems finding that was the case.

“The Court must be satisfied that the order is made only for the period of time the Court considers reasonable to allow CASA to complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the AOC and AWC,” the judge wrote.

“The alleged matters of non-compliance set out in the evidence are extensive,” he added. “I am satisfied that there are reasonable grounds to believe that the holder of the AOC and AWC has engaged in, is engaging in, or is likely to engage in, conduct that contravenes s.30DB (of the Civil Aviation Act), in that the conduct constitutes, contributes to or results in a serious and imminent risk to air safety.”

CASA says its investigation into Sky High Helicopters remains ongoing.

“In the interests of procedural fairness, CASA won’t comment on an investigation or enforcement process that is underway,” a spokesperson told Aero South Pacific.

“Sky High’s operations remain suspended while the investigation continues.”

Photo: Sky High Helicopters
Contact the writer: andrew@aerosouthpacific.com