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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 94 of 115 (81%)
"rather than present this to Mrs Collins" he had disposed of the pages
himself. Then having cleaned the cover he dried it in the sun and
returned it to Mrs Collins. It would seem to be an understandable
reaction although once again the effect this kind of material might have
had if it had been put forward is not for us to assess. In any event,
concerning this matter the Commissioner said in paragraph 352--

"As to the ring-binder notebook, it had been returned to Mrs
Collins by an employee of the airline, but all the pages of the
notebook were missing. _Captain Gemmell_ was asked about this in
evidence. He suggested that the pages might have been removed
because they had been damaged by kerosene. However, the ring-binder
notebook itself, which was produced at the hearing, was entirely
undamaged." (Emphasis added.)

It is clear that the Commissioner has wrongly attributed the explanation
given by Captain Crosbie concerning the removal of missing pages to
Captain Gemmell. The latter was never questioned at all about possible
reasons for the missing pages. The fifth and sixth respondents have
formally acknowledged that the reference to Captain Gemmell in that
paragraph is wrong.


Contents of Flight Bags

It has been explained that the Commissioner was satisfied that Captain
Collins had used the New Zealand Atlas to plot the last leg of the
flight path from Cape Hallett to McMurdo and may have used a chart of
his own for the same purpose. In addition there were his briefing
documents and those received by First Officer Cassin. Those received by
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