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
But although the bag was empty it was suggested at the hearing that
while at McMurdo Captain Gemmell might have "collected a quantity of
documents from the crash site and brought them back to Auckland"; that
only three of the flight documents carried on the aircraft had been
produced to the Royal Commission; that it was "curious" to find that
each favoured the case "which the airline was now attempting to
advance"; and all this against counsel's theory that before Captain
Gemmell had left Auckland on 29th November he was aware of possible
problems associated with the amendment to the destination point
co-ordinates. Captain Gemmell flatly denied having that knowledge while
in the Antarctic; and he rejected totally any suggestion that he had
recovered anything from the site which had not been passed across in
terms of Mr Chippindale's instructions. In that regard he answered two
propositions put to him by the Commissioner (at page 1834) in the
following way:
"Well the suggestion may be made to me in due course that because
of the discovery that Capt Collins did not know of the alteration
in the nav track consequently someone in the co. would have been
instructed to locate whatever documents there were on the crash
site and elsewhere that might throw light on that question. You say
that no such instruction was given to you.... Certainly not.
But it would have been a reasonable instruction would it not.... No
it would not have."
Intimidation of a Witness
At this point it is necessary to mention a different suggestion which
was also rejected by Captain Gemmell. It was put to him during
cross-examination that he had carried back from McMurdo a blue plastic
envelope containing personal property recovered from the accident site.
In evidence given later by First Officer Rhodes the envelope was
supposed to have been entrusted to Captain Gemmell by Mr Chippindale for
delivery in New Zealand since Captain Gemmell was about to depart from
the base several days before the others. First Officer Rhodes had
himself been in Antarctica as a member of Mr Chippindale's investigation
team, representing there the Airline Pilots Association. He appeared as
a witness before the Royal Commission on two occasions. During his first
appearance he was called by the Association. He did not refer then to a
blue envelope; but because it was thought that the material may have
been mentioned by him to the Association's counsel he was recalled to
give evidence, this time by counsel for the airline.
Public-domain text, read in full here on John Shaqi.
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