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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 98 of 115 (85%)
Then in the same context he said in sub-paragraph 359 (4):

"Captain Gemmell had brought back some quantity of documents with
him from Antarctica, and certain documents had been recovered from
him by First Officer Rhodes on behalf of the chief inspector."

And then--

"It therefore appears that there were sundry articles and perhaps
documents which had been in possession of the aircrew which came
back to New Zealand otherwise than in the custody of the Police or
the chief inspector" (paragraph 360).

In evidence Captain Gemmell had denied knowledge of the change that had
been made to the McMurdo waypoint but the Commissioner did not accept
that answer; and he is linked with the matters mentioned in paragraph
360 on the basis that he had known "about the changed co-ordinates
before he went to Antarctica" and that because he--

"... plainly kept this significant fact to himself, (he) was to be
the arbiter of which documents were relevant. The opportunity was
plainly open for Captain Gemmell to comply with the chief
executive's instructions to collect all documents relevant to this
flight, wherever they might be found, and to hand them over to the
airline management."

The next sentence of that paragraph contains the finding already
mentioned:

"However, there is not sufficient evidence to justify any finding
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