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
Counsel proceeded to read from the letter which goes on to refer to
instructions concerning the crevassed area of the ice-slope.
No challenge was made to the views expressed by Mr Woodford nor was he
called to give evidence. And no evidence to any contrary effect was
given by anybody. Yet apart from the passing reference to the matter in
paragraph 349 of the Report the point of view Mr Woodford expressed
seems to have been given no attention. The extent of the evidence which
could have been given by Mr Woodford if he had been called as a witness
is indicated by his affidavit now put before this Court. The importance
of the letter seems obvious. The bag being empty when it was seen only
18 hours after the aircraft had crashed it is difficult to understand
how it could have any significance when found in that same condition
three days later. Yet in this part of the Report it is left as a central
issue. Mr Woodford's own concern about all this is indicated in the
lengthy affidavit which he prepared for the purpose of exonerating
Captain Gemmell. It was sworn by him on 21st May 1981 not very long
after the Report of the Royal Commission had been made public.
A final comment should be made about Captain Gemmell's position. It
concerns a submission made on his behalf to this Court that "In view of
the 'not proven' verdict against Captain Gemmell and the various
critical statements made about him it is a remarkable thing that he was
given no opportunity for further comment when the Commissioner decided
to make further enquiries of the police sergeant and Mr Chippindale at
the conclusion of the hearing of evidence". If Captain Gemmell was to be
left enveloped in "justifiable suspicion" this is something that
certainly should have been done. Indeed if the post-hearing
investigation had been sufficiently developed the Commissioner might
have been satisfied (as now appears from the affidavit of Mr Stanton)
that the police officer who gave information to counsel assisting the
Commission about one or two flight bags was not even in Antarctica while
Captain Gemmell was there. The affidavit indicates that the police
officer arrived to take charge of the police store only on the evening
of 6th December and by then Captain Gemmell had been back in New Zealand
for two days.
Airline's Attitude at Inquiry
This matter requires brief comment. It involves the issue as to whether
Air New Zealand adopted an uncompromising approach to the matters under
consideration by the Royal Commission so that the proceedings were
unnecessarily prolonged. Concerning the matter the Commissioner said
this in the Appendix to the Report dealing with the awards of costs,
which must be mentioned later:
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