AEROPLANE TRAGEDY

Evening Star, Issue 22682, 23 June 1937, Page 12

AEROPLANE TRAGEDY

THE BIG BAY ACCIDENT OFFICIAL INQUIRY OPENED TO BE HELD IN PRIVATE [Put United Press Association.] INVERCARGILL, June 23. The official inquiry into the aeroplane tragedy at Big Bay on December 31 was opened at Invercargill this morning before a board of inquiry, consisting of Mr H. A.-Young, S.M. (chairman), Mr J. M. Buckeridge (Senior Assistant Controller of Civil Aviation), and Flight-lieutenant H. B. Burrell (Royal New Zealand Air Force). An application that the inquiry be held in private was made by Mr H. J. Macalister on behalf of the Air Department, who said it was the first inquiry to be held under the air navigation regulations. The view taken by the department was that such inquiries were of a special and highly technical nature, and in the interests of aviation and the public the evidence or part of it should not go into the Press divorced from the context. It is impossible for tho Press to report the whole of the proceedings, and the view taken is that the public should get not extracts of the evidence, but the findings of the board. I am empowered to say that the findings of the Boiird ox Inquiry will in due course be published. This was opposed by Mr R. B. Bannerman and Mr B. W. Hewat on behalf of Pilot A. J. Bradshaw, and by Mr G. J. Reed on behalf of the Southland Aero Club, who made an application that the inquiry be held in public. “ The Press can be relied on to give a fair report just as it does in other proceeumgs. Ine effect of the inquiry can or cannot rum the pilot. The Crown attacked him in public for overloading the machine, and he is entitled to reply in public. _ A private inquiry is against the principles of British justice. Tho pilot has nothing to hide. He wants the inquiry to be held in public.” Mr Reed said the Aero Club strongly objected to a private inquiry. It had an unblemished record for years past of no serious accident involving injury. This particular accident had caused great public interest and consteration, as a groat deal of flying was done in the direction of the area where the accident occurred. There was no legal authority for an inquiry being held in private and it was incumbent on the board to hear evidence in public. The club was cited as a party, yet it had nothing to do -with the matter as the machine was on hire purchase to Pilot Bradshaw at the time of the accident After a retirement of two hours and 15 minutes, the board members returned, and Mr Young intimated that it had decided that the inquiry should bo held in private and be not open to the public and the Press. Mr Young, in giving his finding on the request, said: “The contention of counsel has given us much to consider, but we have to determine if the inquiry shall not he open to the public or to the Press This board of inquiry has been set up under the air regulations by the Minister of Defence at bis discretion, and the parties summoned are licensed under the regulations. The regulations are international, subject to slight local modifications, and m all countries are subject to the directions of the Minister in Charge of Aviation. We understand that in England, Australia, and in foreign countries inquiries under the regulations are not held in public. We consider that the Minister of Defence who is the Minister controlling all aviation in New Zealand, is, in view of. the international, nature of these regulations, best able to determine as to whether this inquiry should 'be held in public or not, and the Crown Solicitor informs us that the Minister considers it desirable in this case that the inquiry should not be open to the public or the Press. As a magistrate X would prefer that the inquiry should be open to the public and the Press, but m view of what 1 have said I think we should accede to the application of the Crown Solicitor. We have his assurance that the Minister will make known our report. It is not necessary to have a magistrate on the board, and I take it that one of tho reasons for the appointment is that this experience would be of value in having all material matters placed before the Minister.