Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster: C.A. 95/81New Zealand. Court of Appeal
History
Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster: C.A. 95/81
New Zealand. Court of Appeal
Air New Zealand; Aircraft accidents; New Zealand. Royal Commission to Inquire into the Crash on Mount Erebus, Antarctica, of a DC10 Aircraft Operated by Air New Zealand Limited
First Officer Rhodes, an accident inspector, had been one of the party
who went to the Antarctica very shortly after the crash. He was
representing the Air Line Pilots Association as well as working with
others in the party. When he first gave evidence at the inquiry he was
called by counsel for the association. Apparently concern was felt by
the airline that some of his evidence might be taken to reflect on
Captain Gemmell (the Flight Manager, Technical, and former Chief Pilot)
so First Officer Rhodes was recalled as a witness by counsel for the
airline. He said that he had 'no reason to doubt Captain Gemmell in any
way shape or form'. There was some cross-examination by counsel for the
association but no reference was made to Captain Eden in any of the
questions. The Commissioner said in paragraph 348 of his report:
348. Captain Eden is at present the director of flight operations
for the airline. He appeared in the witness box to be a
strong-minded and aggressive official. It seemed clear from this
further production of First Officer Rhodes as a witness that it had
been suggested to him by Captain Eden that he should either make a
direct allegation against Captain Gemmell or else make no
allegation at all, and that since First Officer Rhodes seemed to
have no direct evidence in his possession, he was therefore obliged
to give the answer which Captain Eden had either suggested or
directed. However, First Officer Rhodes was not entirely
intimidated because as will be observed from the evidence just
quoted, he insisted on saying that Captain Gemmell had brought an
envelope containing documents back to Auckland.
Exception is taken to that paragraph as making findings of intimidation
against Captain Eden without any such allegation ever having been put to
him. Captain Eden gave evidence later in the inquiry than First Officer
Rhodes and the transcript shows that he was asked nothing by anyone
about their discussion.
Captain Gemmell
The following paragraphs of the report are attacked for their references
to this senior officer:
352. As to the ring-binder notebook, it had been returned to Mrs
Collins by an employee of the airline, but all the pages of the
notebook were missing. Captain Gemmell was asked about this in
evidence. He suggested that, the pages might have been removed
because they had been damaged by kerosene. However, the ring-binder
notebook itself, which was produced at the hearing, was entirely
undamaged.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account