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 81 of 115 (70%)
page 81 of 115 (70%)
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strict custody. Of these documents"--
that is, _all_ documents relating to the Antarctic flights--the sentence continues: "all those which were not directly relevant were to be destroyed. They were to be put forthwith through the company's shredder." Then in paragraph 54 the actual instruction is taken into a further dimension where it is described as "this direction on the part of the chief executive for the destruction of 'irrelevant documents'". And one serious complaint made by the applicants about the Royal Commission Report is that what could be an understandable direction for the _retention_ of one copy on a master file _of all relevant documents_ has become an unacceptable instruction that _irrelevant documents_ (related to the Antarctic flights nonetheless) _should be destroyed_. We think the complaint is justified. At the same early stage of the Report the Commissioner gave his attention to the question as to what if anything was done about the suppression of documentary evidence. He said in paragraph 52: "As will be explained later, there was at least one group of documents which certainly were in the possession of the airline as from the day following the disaster, and which have never been seen since. I am referring here to the flight briefing documents of First Officer Cassin.... (He) had left his briefing documents at home. They were recovered from his home on the day after the disaster by an employee of the airline. As I say, they have never been seen since." |
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