Advice of the Change

A different matter was considered by the Commissioner in relation to the

change made in November 1979 to move the waypoint back to the TACAN at

Williams Field. As usual a signal was sent to the United States base at

McMurdo with advice that the aircraft was to fly to the Antarctic on

28th November and the flight plan for the journey. And in the list of

waypoints appears the word "McMurdo" in lieu of the geographical

co-ordinates which had appeared in the equivalent signal for the flight

three weeks earlier. The message had been prepared by Mr Brown, one of

the four officers in the navigation section.

The use of the word "McMurdo" was the subject of an idea put by the

Commissioner to Mr Hewitt, who was the second of the witnesses from the

navigation section. The Commissioner asked:

"I know you have explained to me how that happened but someone may

suggest to me before the enquiry is over that the object was to

thats (sic) not to reveal there had been this long standing error

in the co-ordinates and that is why the word McMurdo was relayed to

them. I take you would not agree with that"

Mr Hewitt said:

"Certainly not sir."

The suggestion had not been raised earlier at the Inquiry and it was not

mentioned by anybody subsequently. In particular it was not put to Mr

Brown himself when the latter was called to give evidence three months

later. However the Commissioner expressed his view upon the matter in

the following way. In paragraph 255 (e) he said this--

"In my opinion, the introduction of the word 'McMurdo' into the Air

Traffic Control flight plan for the fatal flight was deliberately

designed to conceal from the United States authorities that the

flight path had been changed, and probably because it was known

that the United States Air Traffic Control would lodge an objection

to the new flight path."

It will be observed that the last few words are qualified by "probably".

It appears that the Commissioner was told during a visit to Antarctica

that the United States authorities would not have approved a flight path

over Ross Island. But there was no evidence that Air New Zealand had

ever received an intimation from the United States authorities to that

effect or that the navigation section had reason to think they would so

object. The qualification seems to reflect that position. In the result,

when the findings in the two sub-paragraphs 255 (e) and (f) are put

together they reveal the theory that at one at the same time the

navigation section felt obliged to conceal from officials in Wellington

the use of a flight track down McMurdo Sound that was regarded

favourably by officials at McMurdo Station and from officials at McMurdo

Station a flight track over Ross Island that was regarded favourably by

officials in Wellington.

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 24 / 41 题