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
There is mention as well of First Officer Cassin's flight bag and the
ring-binder notebook (both of which matters have now been discussed) and
then it is said in paragraph 353 that after the taking of evidence the
Commissioner asked counsel assisting the Commission to make inquiries
about the two flight bags "which had been located on the site but which
had not been returned to Mrs Collins or Mrs Cassin".
It appears from the following paragraph 354 that among others
interviewed by counsel or asked for comment upon this matter were Mr
Chippindale (the chief inspector of air accidents), and the senior
sergeant of police who had been in charge of the property collected from
the crash site when it was brought to McMurdo. It is said in that
paragraph that the police officer--
"... recollected either one or two flight bags among other property
awaiting packing for return to New Zealand. He said that personnel
from Air New Zealand had access to the store, as well as the chief
inspector, and the senior sergeant said that he thought that he had
given the flight bags to the chief inspector and that the chief
inspector was the sole person to whom he had released any property.
The chief inspector was then interviewed on 11 December 1980 by
telephone, being at that time in Australia, but he said that no
flight bags were ever handed to him."
Thus the inquiries that were made in this fashion were inconclusive.
However, the Commissioner was satisfied that--
"The two flight bags were lodged in the Police store at McMurdo and
would have been returned in due course to Mrs Collins and Mrs
Cassin by the Police. But they were taken away from the store by
someone and have not since been seen." (Paragraph 359 (1))
Then in the same context he said in sub-paragraph 359 (4):
"Captain Gemmell had brought back some quantity of documents with
him from Antarctica, and certain documents had been recovered from
him by First Officer Rhodes on behalf of the chief inspector."
And then--
"It therefore appears that there were sundry articles and perhaps
documents which had been in possession of the aircrew which came
back to New Zealand otherwise than in the custody of the Police or
the chief inspector" (paragraph 360).
In evidence Captain Gemmell had denied knowledge of the change that had
been made to the McMurdo waypoint but the Commissioner did not accept
that answer; and he is linked with the matters mentioned in paragraph
360 on the basis that he had known "about the changed co-ordinates
before he went to Antarctica" and that because he--
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