The Ring-binder Notebook

The Commissioner found that Captain Collins carried with him on the

fatal flight a small pocket diary usually kept in his breast pocket; and

a ring-binder losse-leaf notebook carried in his flight bag. It is said

in paragraph 351 "that the chief inspector had obtained possession of

the small pocket diary, but it did not contain any particulars relating

to Antarctica flights". At the hearing Mrs Collins described the diary

and said that on 12th December 1979 Captain Crosbie had returned it to

her together with certain other items of personal property belonging to

her husband. She explained that there were no pages in the ring-binder

when she received it "other than some loose papers which are still

folded inside the front cover". The question arose as to what had

happened, to the balance of the contents of the notebook. Captain

Crosbie himself was called by counsel for the Airline Pilots Association

to give evidence before the Commission. He explained that his

involvement in all post-accident matters was as a welfare officer for

the association; and in that capacity he had been given by the police

personal property for distribution to next-of-kin. When asked about

pages which normally would have been within the ring-binder covers he

said that most of the recovered items had been damaged considerably by

water and kerosene, and in answer to the Commissioner, who had asked

"How could the ring-binder cover itself be intact and yet the pad of

writing paper disappear?", he said, "I suggest the cover survived the

water and kerosene but the paper contents didn't". He added in answer to

questions by counsel--

"If papers were removed from the ring binder who would have done

that.... I would have myself I presume.

Do you recall doing that.... No not specifically. I was involved in

destroying a lot of papers that were damaged and would have caused

distress some because of that and some because it was the obvious

thing to do."

As a further sample of the kind of material that might have been

provided by the criticized officers had they been given the opportunity

we were referred to a signed statement by Captain Crosbie forwarded to

the police (who by then were investigating the allegations of

conspiracy) on 5th May 1981. In the statement he has said after he had

given evidence before the Inquiry he recalled that because of the poor

condition of the notebook and severely damaged paper inside it and

"rather than present this to Mrs Collins" he had disposed of the pages

himself. Then having cleaned the cover he dried it in the sun and

returned it to Mrs Collins. It would seem to be an understandable

reaction although once again the effect this kind of material might have

had if it had been put forward is not for us to assess. In any event,

concerning this matter the Commissioner said in paragraph 352--

"As to the ring-binder notebook, it had been returned to Mrs

Collins by an employee of the airline, but all the pages of the

notebook were missing. _Captain Gemmell_ was asked about this in

evidence. He suggested that the pages might have been removed

because they had been damaged by kerosene. However, the ring-binder

notebook itself, which was produced at the hearing, was entirely

undamaged." (Emphasis added.)

It is clear that the Commissioner has wrongly attributed the explanation

given by Captain Crosbie concerning the removal of missing pages to

Captain Gemmell. The latter was never questioned at all about possible

reasons for the missing pages. The fifth and sixth respondents have

formally acknowledged that the reference to Captain Gemmell in that

paragraph is wrong.

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 31 / 41 题