Instructions of the Chief Executive

In paragraph 41 and following paragraphs there is reference to "what

happened at the airline headquarters at Auckland when the occurrence of

the disaster became first suspected and then known". It is explained

that the navigation section became aware of the fact that when the

McMurdo waypoint co-ordinates were corrected in November 1979 the

movement was not one of 2.1 miles within the vicinity of Williams Field

but a distance of 27 miles from longitude 164° 48' E; and that "by 30

November the occurrence of this mistake over the co-ordinates was known

not only to the Flight Operations Division but also to the management of

the airline. In particular it had been reported to the Chief Executive

of Air New Zealand, Mr. M.R. Davis". At that point there follows the

serious allegation in paragraph 45 already cited--

"The reaction of the chief executive was immediate. He determined

that no word of this incredible blunder was to become publicly

known."

On the face of it the unqualified idea expressed in that sentence is

that Mr. Davis had decided to suppress from everybody outside the

airline all information about the changed flight track. But if that

meaning were intended it has been greatly modified in paragraph 48.

There it is said--

"It was inevitable that these facts would become known. Perhaps the

chief executive had only decided to prevent adverse publicity in

the meantime, knowing that the mistake over the co-ordinates must

in the end be discovered."

Of course if the decision were merely "to prevent adverse publicity in

the meantime" then such an attitude could not in any way be consistent

with an attempt "orchestrated" by Mr. Davis to hid from official

scrutiny what finally was held by the Commissioner in paragraph 393 to

be "the single dominant and effective cause of the disaster". Despite

that, paragraph 48 goes on to say this:

"This silence over the changing of the co-ordinates and the failure

to tell the air crew was a strategy which succeeded to a very

considerable degree. The chief inspector discovered these facts

after he had returned from Antarctica on or about 11 December

1979. In his report, which was published in June 1980, the chief

inspector referred to what he termed the 'error' in the McMurdo

destination point, and the fact that it had been corrected a matter

of hours before the flight left Auckland."

It is difficult to understand why the Commissioner considered "this

silence over the changing of the co-ordinates and the failure to tell

the air crew" had been "a strategy which succeeded to a very

considerable degree". The information had been given to the chief

inspector immediately on his return from Antarctica. That much is

acknowledged in the two sentences that follow. It becomes apparent,

however, that this was criticized not because the information had been

kept away from those to whom it most certainly had to be given, those

charged with the important responsibility of inquiring into the causes

of the disaster. Mr. Davis was criticized for nothing more than his

failure to release the material to the outside world. That is made plain

by a subsequent statement towards the end of the Report which leads on

to the very severe pronouncement in paragraph 377 that the Commissioner

had been obliged to listen to "a predetermined plan of deception ... an

orchestrated litany of lies". The relevant passage is in paragraph 374:

"The fact that the navigation course of the aircraft had been

altered in the computer had been disclosed by the chief inspector

in his report dated 31 May 1980, 6 months after the disaster. But

it was not until the Commission of Inquiry began sitting that the

airline publicly admitted that this had occurred."

The effect of the absence of general publicity that the information was

given rather than its ready provision by the airline to Mr. Chippindale

on the day after his return from the crash site is described in the

remaining portion of paragraph 48 which continues in the following way:

"Then the chief inspector went on to say in his report (paragraph

2.5):

'The error had been discovered two flights earlier but neither crew

of the previous flight or that of the accident flight were advised

of the error by the flight despatcher prior to their departure.'

The chief inspector did not make it clear, however, that the

computer flight path of TE 901 had been altered before the flight,

and that the alteration had not been notified to the air crew. Had

that fact been disclosed in the chief inspector's report then the

publicity attending the report would undoubtedly have been

differently aligned ... the news blackout imposed by the chief

executive was very successful. It was not until the hearings of

this Commission that the real magnitude of the mistake by Flight

Operations was publicly revealed."

Concerning that last part of paragraph 48 it seems that the

Commissioner's remark immediately following the extract from paragraph

2.5 is inaccurate. It appears to suggest either that the chief inspector

was unaware of the fact that the alteration to the co-ordinates "had not

been notified to the air crew"; or that if he had been made aware of

that fact then he had failed to bring it to public attention in his

report as the next sentence suggests. But Mr. Chippindale was both aware

of all this and he said so. In paragraph 1.17.1 he explicitly stated:

"This error was not corrected in the computer until the day before

the flight. Although it was intended that it be drawn to the

attention of the previous crew, immediately prior to their

departure this was not done, _nor was it mentioned during the

pre-flight dispatch planning for the crew of the accident flight_".

(Emphasis added.)

The "pre-flight dispatch planning" mentioned in those last words was the

occasion of final briefing of the aircrew immediately before the

aircraft left Auckland on the morning of 28th November 1981.

A different comment upon paragraph 48 is central in this part of the

case. It is very hard to understand why the chief executive officer of

this airline should have had any duty to pass on for debate and public

prejudgment the same material that in accord with his responsibility had

been properly and immediately placed before the appointed official

required and well equipped to assess it.

"Irrelevant" Documents

At the beginning of this judgment a different aspect of paragraph 45 is

explained by contrast with the following paragraph 46 which correctly

summarizes instructions given by Mr Davis for the disposal of surplus

copies of documents lest they be leaked to the news media. In paragraph

46 it is explained by the Commissioner that "his instructions were that

_only copies of existing documents were to be destroyed_. He said that

he did not want any surplus document to remain at large in case its

contents were released to the news media by some employee of the

airline. The chief executive insisted that his instructions were that

all documents of relevance were to be retained on the single file"

(emphasis added). There was no evidence before the Royal Commission to

any contrary effect. But in the preceding paragraph a different

impression is given. The relevant part of paragraph 45 reads--

"He directed that all documents relating to Antarctic flights, and

to this flight in particular, were to be collected and impounded.

They were all to be put on one single file which would remain in

strict custody. Of these documents"--

that is, _all_ documents relating to the Antarctic flights--the sentence

continues:

"all those which were not directly relevant were to be destroyed.

They were to be put forthwith through the company's shredder."

Then in paragraph 54 the actual instruction is taken into a further

dimension where it is described as "this direction on the part of the

chief executive for the destruction of 'irrelevant documents'". And one

serious complaint made by the applicants about the Royal Commission

Report is that what could be an understandable direction for the

_retention_ of one copy on a master file _of all relevant documents_ has

become an unacceptable instruction that _irrelevant documents_ (related

to the Antarctic flights nonetheless) _should be destroyed_. We think

the complaint is justified.

At the same early stage of the Report the Commissioner gave his

attention to the question as to what if anything was done about the

suppression of documentary evidence. He said in paragraph 52:

"As will be explained later, there was at least one group of

documents which certainly were in the possession of the airline as

from the day following the disaster, and which have never been seen

since. I am referring here to the flight briefing documents of

First Officer Cassin.... (He) had left his briefing documents at

home. They were recovered from his home on the day after the

disaster by an employee of the airline. As I say, they have never

been seen since."

In the following paragraph 53 he observed--"If the explanation of the

chief executive is to be accepted, then in the opinion of someone the

briefing documents of First Officer Cassin, the co-pilot, were thought

to be irrelevant to the disaster"; and in paragraph 54--"it follows that

this direction on the part of the chief executive for the destruction of

'irrelevant documents' was one of the most remarkable executive

decisions ever to have been made in the corporation affairs of a large

New Zealand company".

Those remarks require some brief comment. It must be explained that the

"employee of the airline" mentioned at the end of paragraph 52 was

Captain Crosbie. It is true that he was "an employee of the airline" but

he did not go to the home of First Officer Cassin in that capacity. He

had been asked by the Airline Pilots Association, the group which

throughout the inquiry had very properly been concerned to protect the

interests of the two deceased pilots, to act on their behalf for the

purpose of bringing immediate aid and comfort to the two widows. His

evidence was to the effect that he had gone to each of the homes for

that purpose; that sometime later a member of Mrs Cassin's family had

invited him to take away a box containing such items as flight manuals;

and he said he had done no more than that. He flatly denied taking any

flight documents. But even if he had, the alleged conspiracy has always

been limited in the Royal Commission Report to the executive pilots and

other officers in the management area. It has never been suggested that

it had extended as well to the airline pilots. As may be expected,

throughout both investigations they have done their conscientious best

to protect the valued reputations of their deceased colleagues.

There was documentary evidence before the Inquiry to the effect that on

30th November 1979 an in-house committee of Air New Zealand met on the

instruction of Mr Davis for the purpose of deciding how to collect

together all available information relevant to the accident. It seems

that it began its practical work on Monday 3rd December. In that regard

and as an example of the way in which the applicants say the cover-up

allegation could have been answered by those affected they placed

material before this Court which would suggest that the formation of

such a committee is a conventional step taken by an airline when

confronted with any serious disaster, that it was required by this

company's Accident Investigation Procedures Manual, and that this

committee was appointed accordingly. If it had been before the Inquiry

it would have supported the view that Mr Davis had decided the chairman

should not be associated with the flight operations side of Air New

Zealand and for that reason he appointed Mr Watson who had charge of

certain related companies. There is also an affidavit sworn by Captain

Priest who was appointed by the Airline Pilots Association to sit as its

representative on the committee. Taken at its face value it is to the

effect that he took part in the committee's work from the meeting on 3rd

December. In the affidavit he has explained: "My position on that

Committee was an ALPA watchdog--there were two other independent

members"; that as the inquiry progressed "it became apparent that the

committee was amassing a large amount of papers"; and that Mr Watson

then announced that he had been directed by the chief executive to get

all the information onto one file and any surplus disposed of to avoid

information getting into the wrong hands. The affidavit indicates that

it was then agreed by the committee itself that this should be done on

the basis that the master file was to be available to the committee

members at any time and it appears that Captain Priest joined in that

decision. It is not for us to decide what would have been the effect or

significance of all this material if it had been placed before the Royal

Commission but since the conspiracy to deceive theory that is developed

in the Royal Commission Report apparently stems from the instruction

given by Mr Davis clearly the officers so gravely affected were entitled

to be warned in advance and so be given the opportunity to have such

information fairly and properly considered.

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 26 / 41 题