jurisdiction to consider allegations of organised perjury, natural
justice would certainly have required that the allegations be stated
plainly and put plainly to those accused. That was not done. If it had
been done, what we have said earlier is enough to show that they could
well have made effective answers.

So we conclude that in making the findings or allegations stated in
paragraph 377 of the report the Commission acted in excess of
jurisdiction and contrary to natural justice. As previously mentioned,
the conspiracy postulated in paragraph 377 is evidently intended to
include as participants the chief executive of the airline, the
executive pilots and members of the navigation section. If the order for
$150,000 costs is quashed on the ground that the statements about a
pre-determined plan of deception and an orchestrated litany of lies were
made without jurisdiction and contrary to natural justice, we think that
substantial justice will be done to the company and those individuals.
In our opinion that costs order must be quashed on those grounds as well
as on the ground that it was invalid as to amount.

Further, during the proceedings in this Court there occurred
developments which in themselves threw a different light on matters
dealt with in the paragraphs under attack affecting Captain Gemmell
particularly. These should be publicly recorded.

It was acknowledged by all parties, including the Commissioner, that the
reference to Captain Gemmell in paragraph 352, concerning a notebook
belonging to Captain Collins, was a mistake. The Commissioner evidently
had in mind some evidence given by Captain Crosbie, the welfare officer
of the Air Line Pilots Association. This disposes of any inference
against Captain Gemmell that might be taken from that paragraph.