Captain Eden

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.

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 · 第 6 / 41 题