The Western Waypoint

The circumstances surrounding the use of the 164° 48' E figures were in

issue before the Royal Commission. It was suggested against the airline

they had not been introduced accidentally: that the movement of the

position 25 miles to the west had been deliberate. If that were so it

would seem that a re-calculation of track and distance would have been

needed and made both for the fuel plan and also as a check for purposes

of navigation. However, no re-calculation of track and distance was made

and entered with the 164° 48' co-ordinate. The figures which actually

appear for track and distance to that point remain precisely the track

and distance figures which were shown in the flight plan to the 166° 48'

point for the first flight in February 1977. For purposes of comparison

a calculation to the "false" waypoint was prepared and put before the

Royal Commission. It showed that a direct track from Cape Hallett to

that point is actually 191° and the distance 343 miles. The point is

referred to in paragraph 230 of the Report within a section headed "The

creation of the false McMurdo waypoint and how it came to be changed

without the knowledge of Captain Collins".

In paragraph 229 it is said that submissions had been put to the

Commissioner that "the shifting of the McMurdo waypoint was done

deliberately so as to conform" with a track used by military aircraft

proceeding to Williams Field. Then in paragraph 230 there is a summary

of contrary arguments advanced by members of the navigation section to

support their claim of accident. They include--

"(c) It was pointed out that if the McMurdo waypoint had been

intentionally moved 25 miles to the west, then the flight plan

would have a corresponding change to the track and distance

information which it previously contained. Instead of a true

heading from Cape Hallett to the NDB of 188.9° and a distance of

337 nautical miles, there would have been required, in respect of

the changed McMurdo waypoint, a true heading of 191° and 343

nautical miles. Similar alterations would have had to be made in

respect of a return journey to the true north."

That is the matter already outlined. Concerning it the Commissioner said

in paragraph 234 that there was "considerable validity in this point"

although then he added:

"... the Navigation Section may have thought it not necessary to

alter the track and distance criteria from Cape Hallett to McMurdo

for the reason that the pilots were accustomed to flying on Heading

Select down this sector and not by reference to the fixed heading

programmed into the AINS."

There is a further argument of the navigation section which is

summarized in paragraph 230 (e)--

"It was submitted that an alteration to the McMurdo waypoint to

facilitate better sightseeing was not valid because flight captains

had a discretion to deviate horizontally from the flight plan

track."

The Commissioner accepted that point as "a valid objection" in answer to

the suggestion that the move had been deliberate (paragraph 236).

However when he came in paragraph 255 (a) to express his final

conclusion upon this general question he initially said this--

"The first question is whether the programming of the McMurdo

waypoint into the 'false' position before the commencement of the

1978 flights was the result of accident or design. On balance, it

seems likely that this transposition of the McMurdo waypoint was

deliberate."

There is reference at that point to a track and distance diagram

indicating a track down McMurdo Sound, and the sub-paragraph then

continues--

"So as I say, I think it likely that the change of the McMurdo

destination point was intended and was designed by the Navigation

Section to give aircraft a nav track for the final leg of the

journey which would keep the aircraft well clear of high ground."

Then the final portion of paragraph 255 (a) leaves the matter in the

following half-way situation--

"However, I propose to make no positive finding on this point. I

must pay regard to the circumstance strongly urged upon me by

counsel for the airline in their closing submissions, namely, that

if the alteration was intentional then it was not accompanied by

the normal realignment of the aircraft's heading so as to join up

with the new waypoint. As I say, I think this latter omission is

capable of explanation but it is a material fact in favour of the

Navigation Section which I cannot disregard, and it is the single

reason why I refrain from making a positive finding that the

alteration of the waypoint was intentional."

It may be that in speaking of a single reason in the last sentence of

the extract the Commissioner put aside his earlier unqualified

conclusion that the matter set out in paragraph 230 (e) was also "a

valid objection" to the suggestion that the waypoint had been moved

deliberately. In any event the eventual and significant finding

concerning the matter is contained in the following sub-paragraph 255

(b):

"I believe, however, that the error made by Mr Hewitt was

ascertained long before Captain Simpson reported the cross-track

distance of 27 miles between the TACAN and the McMurdo waypoint,

and I am satisfied that because of the operational utility and

logic of the altered waypoint it was thereafter maintained by the

Navigation Section as an approved position."

At this point it is necessary to explain the reference in that

sub-paragraph to Captain Simpson; and then, if it be assumed that "the

altered waypoint ... was thereafter maintained ... as an approved

position", it is necessary to understand the reasons given by the

Commissioner for the change back to Williams Field. If the altered

waypoint had been adopted as a better position why was it then thought

that it had to be discarded?

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 22 / 41 题