Manslaughter charges possible

Press, 30 April 1981, Page 3

Manslaughter charges possible

Parliamentary reporter Charges of manslaughter will have to be considered against Air New Zealand as a result of the findings of the Royal Commission of Inquiry into the DCIO Mount Erebus crash, according to Labour’s Shadow Minister for Justice (Mr F. D. O’Flynn). Mr O’Flynn said that there might be room for such charges as well as for the charges of perjury or conspiring to defeat the course of justice, which seemed to be what was on the minds of those commenting on the decision to refer the report to the police. He said that Mr Justice Mahon’s report made it clear that the “originating and dominating factor behind the disaster” was the change in the computer flight path. This was altered from a path down the middle of McMurdo Sound clear of high ground on either side or in front for many miles, to a path directly towards Mount Erebus.

“The change was • not necessarily fatal in itself, as a flight a few days before had followed that path safely, staying at 16,000 ft, but it certainly introduced an avoidable hazard,” said Mr O’Flynn. “It became potentially fatal when the aircrew were not told.- When the Captain (Captain T. J. Collins) accepted the invitation of McMurdo Station to descend below the cloud base to a height of 1500 ft to 2000 ft and then turned back on to the computer track, the disaster had become practically inevitable. It followed a bare six minutes later,” he said. “The failure to inform the Captain and aircrew of this change was the direct originating cause that sent 257 people to their deaths, and it was due to a careless act of omission on somebody’s part. "There is ample precedent for charging a company with manslaughter in appropriate circumstances. It has been done in recent years here in Wellington and it will have

to be considered in the present case,” said Mr O’Flynn. The Press Association reported that the Labour Shadow Minister of Transport (Mr F. M. Colman) said last evening that the Prime Minister (Mr Muldoon) was letting loyalty to his friends get in the way of his judgment regarding the Royal Commission of Inquiry report into the Mount Erebus disaster. Mr Colman said it was very odd indeed that the Prime Minister should look to. the board for guidance on the commission’s report when one of New Zealand’s most eminent jurists had thoroughly investigated the cause of the DCIO crash, and who was to blame. “The way to build confidence in the airlineAat’.'this stage is not to blindly, back your friends, but accept that blame does lie, and there should be rapid moves to streamline the organisation in view of these past mist takes,” said Mr Colman.