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 by Duncan Ivor L. M. Richardson R. B. Cooke Sir Owen Woodhouse;Wallace McMullin;Sir Edward Somers
page 68 of 115 (59%)
page 68 of 115 (59%)
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There is a further argument of the navigation section which is
summarized in paragraph 230 (e)-- "It was submitted that an alteration to the McMurdo waypoint to facilitate better sightseeing was not valid because flight captains had a discretion to deviate horizontally from the flight plan track." The Commissioner accepted that point as "a valid objection" in answer to the suggestion that the move had been deliberate (paragraph 236). However when he came in paragraph 255 (a) to express his final conclusion upon this general question he initially said this-- "The first question is whether the programming of the McMurdo waypoint into the 'false' position before the commencement of the 1978 flights was the result of accident or design. On balance, it seems likely that this transposition of the McMurdo waypoint was deliberate." There is reference at that point to a track and distance diagram indicating a track down McMurdo Sound, and the sub-paragraph then continues-- "So as I say, I think it likely that the change of the McMurdo destination point was intended and was designed by the Navigation Section to give aircraft a nav track for the final leg of the journey which would keep the aircraft well clear of high ground." Then the final portion of paragraph 255 (a) leaves the matter in the |
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