Attempts to clear way for Erebus claims

Press, 25 May 1984, Page 4

Attempts to clear way for Erebus claims

By

LES BLOXHAM,

travel editor

Lawyers in Washington are preparing to clear a legal barrier blocking progress of a $25 million claim aginst the United States Government. The suit was filed almost three years ago on behalf of relatives of the 16 crew members killed in the Air New Zealand DCIO crash on Mount Erebus in November, 1979. The suit cites negligent, careless, and reckless acts and omissions by United States Navy personnel and employees, including air traffic controllers at McMurdo Base. It is alleged that they failed to identify the DCIO on radar as it approached Mount Erebus and to warn the captain that he was off course. However, before the case can proceed a preliminary

hearing must first decide whether the Federal Court has jurisdiction over United States territory in Antarctica. This issue will be debated before the Court in Washington on a date yet to be fixed. The Auckland barrister handling the claims, Mr Roger MacLaren, confirmed in Christchurch yesterday that SUSI million was being sought on behalf of the estates of each of the 16 crew members.

Mr MacLaren is working in association with a Washington firm of attorneys specialising in such cases. The firm, Speiser. Krause, and Madole, has 12 lawyerpilots on its staff.

Mr Donald Madole, the attorney briefed for the job, is a former Navy pilot who has served on both the American civil aviation regulatory authorities, the F.A.A. and C.A.B.