Intimidation of a Witness

At this point it is necessary to mention a different suggestion which

was also rejected by Captain Gemmell. It was put to him during

cross-examination that he had carried back from McMurdo a blue plastic

envelope containing personal property recovered from the accident site.

In evidence given later by First Officer Rhodes the envelope was

supposed to have been entrusted to Captain Gemmell by Mr Chippindale for

delivery in New Zealand since Captain Gemmell was about to depart from

the base several days before the others. First Officer Rhodes had

himself been in Antarctica as a member of Mr Chippindale's investigation

team, representing there the Airline Pilots Association. He appeared as

a witness before the Royal Commission on two occasions. During his first

appearance he was called by the Association. He did not refer then to a

blue envelope; but because it was thought that the material may have

been mentioned by him to the Association's counsel he was recalled to

give evidence, this time by counsel for the airline.

Before turning to the evidence given by First Officer Rhodes during his

second appearance it is worthwhile making a preliminary comment. No

complaint has ever been made by Mr Chippindale about a missing blue

envelope or papers within it. If Captain Gemmell had been entrusted with

such a mission which he had failed to discharge Mr Chippindale would

seem to be the first person who would want to know why. He himself gave

evidence before the Royal Commission for a period of ten days and during

all that time he was never asked about this matter. Nor was he recalled

to deal with it after it had been raised with Captain Gemmell or after

First Officer Rhodes gave his further evidence. That fact alone might be

thought sufficient to dispose of the matter. And in the end the

Commissioner himself decided that neither this nor other evidence could

justify a finding against Captain Gemmell that he "recovered documents

from Antarctica which were relevant to the fatal flight, and which he

did not account for to the proper authorities".

It is necessary to describe all this because the second appearance of

First Officer Rhodes resulted in a finding in paragraph 348 of the Royal

Commission Report which reflects seriously upon the conduct of another

executive officer of the airline, Captain Eden. The paragraph is another

of those challenged in the present proceedings.

It seems that First Officer Rhodes agreed to give evidence on the second

occasion in order to remove any false impression that he himself doubted

the integrity of Captain Gemmell. The following extract from the

transcript explains the position (a condensed version appears in

paragraph 347 of the Report):

"You've already given evidence and stated your qualification. I

think you have offered to give some supplementary evidence relating

to activity at the Erebus crash site ... Our discussion with Capt.

Eden last Friday indicated this would be appreciated.

I think just as Capt. Gemmell was there representing the co. you

were there as a rep. of ALPA.... Thats correct.

May we take it that you worked in conjunction with Capt. Gemmell

and other members of the team involved.... Correct.

And in so doing you were present at the crash site with Capt.

Gemmell.... No we had different tasks as I was in the area with

Capt. Gemmell at some stages.

So far as your observations are concerned what would you have to

say regarding Capt. Gemmell's conduct and behaviour in the course

of his duties there.... I have no reason to doubt Capt. Gemmell in

any way shape or form.

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 28 / 41 题