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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 91 of 115 (79%)
effect. Nor is there any hint by First Officer Rhodes himself that he
was present as anything but a voluntary witness. The answer he gave to
the opening question would not seem to support suspicions of
intimidation. And that answer is itself followed by quite a generous
tribute to Captain Gemmell. But the reputation of Captain Eden and the
support given Captain Gemmell is dismissed by a finding of intimidation.
It should be said as well that although Captain Eden himself appeared to
give evidence three days later not a word was said to him by anybody to
suggest that earlier he had been guilty of attempting to intimidate a
witness.


Specific documents

To the extent that the Royal Commission Report has pointed to any
particular classes of documentary material that did not reach the
Inquiry the list is not a long one. It comprises--

1. Unidentified papers within the blue envelope--No complaint about
this was ever made by Mr Chippindale as we have mentioned.

2. Papers given to First Officer Cassin as briefing material--It
has been explained that if any complaint could be made about this
matter it would affect Captain Crosbie, the unnamed "employee of
the airline" referred to in paragraph 52. It was he who went to the
Cassin home for compassionate reasons as the spokesman for the
Airline Pilots Association. He denies ever receiving the material.
Even if he had, the Report has not challenged the conduct of any of
the line pilots. This matter would seem to be irrelevant.

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