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 — John Shaqi
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
On the other hand it is known that after the accident Captain Collins'
bag was seen on Mt. Erebus. The matter has been mentioned. The bag did
not reach his widow as it would normally have done if it had been
received and returned to New Zealand and this fact is the focus of
attention in the Royal Commission report.
In order to examine the matter it will be remembered that the
mountaineer, Mr Woodford, arrived by helicopter searching for survivors
on the morning of 29th November. In the letter he sent to the Royal
Commission he said he found the bag then and: "My recollection is that
it was empty when I first inspected it. It certainly contained no
diaries or briefing material." Apparently the bag had been thrown from
the disintegrating aircraft at the time of impact and its contents lost
in the snow or scattered by winds before the arrival of the
mountaineers. But whatever the reason for their absence from the bag it
is the contents that matter in this case--not the flight bag itself. And
according to the letter they had already disappeared from the bag three
days before the New Zealand party arrived there. So like the bag of
First Officer Cassin it might be thought that this item too was
immaterial. However, it is discussed by the Commissioner in the
following way.
First there is listed a series of documents "which clearly had been
carried in the flight bag of Captain Collins" and which had not been
recovered. The items comprise the New Zealand Atlas and a chart; the
briefing documents; and the ring-binder notebook. Those three items
have been mentioned. And finally a topographical map issued on the
morning of the flight. The suggested significance of these various
documents is explained by reference to the view of counsel for the
Airline Pilots Association that they "would have tended to support the
proposition that Captain Collins had relied upon the incorrect
co-ordinates" (paragraph 344).
There follows reference to the blue envelope and the matter of Captain
Eden after which paragraph 349 speaks of the flight bag:
"Then, as the Inquiry proceeded, there were other queries raised.
It seemed that Captain Collins' flight bag had been discovered on
the crash site. It was a bag in which he was known to have carried
all his flight documents. It was said to have been empty when
found, a fact which was incidentally confirmed by a mountaineer who
had seen the flight bag before Captain Gemmell arrived at the crash
site. The flight bag was rectangular, and constructed of either
hard plastic or leather, and had the name of Captain Collins
stamped on it in gold letters. It was evidently undamaged."
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