Search at Mt. Erebus

The issue of documentary evidence is given extended attention in a

section of the Report headed, "Post-accident conduct of Air New Zealand"

which is exclusively concerned with suggestions of possible items that

might have been withheld from the Inquiry. The discussion is introduced

at paragraph 342 by a statement that "This instruction by the chief

executive for the collection of all Antarctica documents had some

unfortunate repercussions". The observation is then developed by

reference in particular to the work of Captain Gemmell, the technical

flight manager for Air New Zealand, while assisting Mr Chippindale at

the crash site.

Captain Gemmell had received instructions in the early hours of the

morning of 29th November 1979 to travel to McMurdo in order to assist Mr

Chippindale's investigation into the cause of the accident at the scene.

However, by reason of weather conditions it was not possible for him to

be taken by helicopter to the ice slope until 3 p.m. on 2nd December.

Then, clad in protective clothing and roped to mountaineers, he assisted

in a search for the in-flight recording equipment (consisting of the

cockpit voice recorder and the "black box") and the recovery of any

other equipment or documents which might indicate how the accident had

happened.

Three days earlier, at about 8.30 a.m. on the very morning after the

accident, three mountaineer staff members at Scott Base had managed to

get there in order to search for survivors. And Mr Woodford, who was one

of them, has described the scene in a letter received by the Royal

Commissioner during the public hearings. The letter, which is amplified

in a affidavit put before this Court, is set out later in this judgment.

Mr Woodford explained that when he got to the scene he found a black

flight bag with Captain Collins' name printed on it. It was lying open

on the snow and it was empty. Already material in the form of books and

papers that had not been destroyed when the aircraft disintegrated on

impact had been blown by winds over the ice-slope or into crevasses or

covered by drifting snow. He pointed out that although the cockpit voice

recorder had been located quite quickly when he was back at the crash

site with the party from New Zealand on 2nd December the "black box"

could not be found until later that evening after it had been decided to

begin digging systematically for it. It was found buried under snow at a

depth, he said, of 20 to 30 cms.

But although the bag was empty it was suggested at the hearing that

while at McMurdo Captain Gemmell might have "collected a quantity of

documents from the crash site and brought them back to Auckland"; that

only three of the flight documents carried on the aircraft had been

produced to the Royal Commission; that it was "curious" to find that

each favoured the case "which the airline was now attempting to

advance"; and all this against counsel's theory that before Captain

Gemmell had left Auckland on 29th November he was aware of possible

problems associated with the amendment to the destination point

co-ordinates. Captain Gemmell flatly denied having that knowledge while

in the Antarctic; and he rejected totally any suggestion that he had

recovered anything from the site which had not been passed across in

terms of Mr Chippindale's instructions. In that regard he answered two

propositions put to him by the Commissioner (at page 1834) in the

following way:

"Well the suggestion may be made to me in due course that because

of the discovery that Capt Collins did not know of the alteration

in the nav track consequently someone in the co. would have been

instructed to locate whatever documents there were on the crash

site and elsewhere that might throw light on that question. You say

that no such instruction was given to you.... Certainly not.

But it would have been a reasonable instruction would it not.... No

it would not have."

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 27 / 41 题