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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 90 of 115 (78%)
there was reluctance on the part of Air New Zealand to release this
material "as it was not clear at that stage in many peoples minds what
my duties were". It was not immediately appreciated that he was acting
on Mr Chippindale's behalf. He was then asked--

"And Air N.Z. and Capt. Gemmell released to you the material which
you'd previously sought.... Correct".

Concerning all this evidence the Commissioner expressed the following
conclusions in paragraph 348:

"Captain Eden is at present the director of flight operations for
the airline. He appeared in the witness box to be a strong-minded
and aggressive official. It seemed clear from this further
production of First Officer Rhodes as a witness that it had been
suggested to him by Captain Eden that he should either make a
direct allegation against Captain Gemmell or else make no
allegation at all, and that since First Officer Rhodes seemed to
have no direct evidence in his possession, he was therefore obliged
to give the answer which Captain Eden had either suggested or
directed. However, First Officer Rhodes was not entirely
intimidated because as will be observed from the evidence just
quoted, he insisted on saying that Captain Gemmell had brought an
envelope containing documents back to Auckland."

Those statements are in no way related to the assessment of Captain
Eden's evidence or as Captain Eden as a witness. They are observations
that Captain Eden had attempted to influence or direct the evidence to
be given by First Officer Rhodes by a process of intimidation. Counsel
for First Officer Rhodes' own association had made no suggestion to that
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