BIG BAY TRAGEDY

Nelson Evening Mail, Volume LXXI, 24 June 1937, Page 12

BIG BAY TRAGEDY

INQUIRY TO BE HELD IN PRIVATE DECISION OF BOARD HEARING OF EVIDENCE IBy Tplpcraph - Prppp Association! INVERCARGILL. 23rd June. The official inquiry into the aeroplane tragedy at Big Bay on 31st December opened at Invercargill this morning before a board of inquiry consisting of Messrs H. A. Young. S.M.(chairman), J. M. Buckcridge (Senior Assistant Controller of Civil Aviation), and Flight-Lieutenant H. R. Burrell, Royal New Zealand Air Force. Application that the inquiry be held in private was made by Mr H. J. Macalister on behalf of the Air Department. He 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 highly-technical nature and in the interests of aviation and the public evidence, or part of it, should not go into the Press divorced 'from its context. “It is impossible for the Press to report the whole of the proceedings and the view taken is that the public should get not extracts of evidence, but the findings of the board. I am empowered to say that the findings of the board of inquiry will in due course be published.” This was opposed by Messrs R. B. Bannerman and B. W. Hewat, on behalf of the pilot, A. J. Bradshaw, and by Mr G. J. Reed, on behalf of the Southland Aero Club, which made 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 proceedings. The effect of the inquiry can or cannot ruin the pilot. The Crown attacked him in public for overloading the machine, and he is entitled to reply in public. Private inquiry is against the principles of British justice. The pilot has nothing to hide, and wants the inquiry to be held in public,” said counsel

Mr Reed said that 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 caused great public interest and consternation as a great deal of flying was done in the direct of the area where the accident occurred. There was no legal authority for the inquiry being held in private and it was incumbent on the board to hear the 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 Bradshaw at the time of the accident. After a retirement of two hours and fifteen minutes the board returned and Mr Young intimated that they had decided that the inquiry be held in private and not open to the public and Press.

REASONS FOR DECISION Mr Young, in giving his finding on the request, said: The contention of counsel has given us much to consider, but we have determined that the inquiry shall not be 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 his. discretion and the parties summoned are licensed under the regulations. The ■ regulations are international, subject to slight local modifications, iffrid in -allVcc entries are subject to the directions of the Minister in Charge of Aviation. Me understand that in England, Australia, and foregn countries inquires 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 ot 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 I would prefer that the inquiry should be open to the public and Press, but in view of what I 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 the reasons for the appointment is that his experience would be of value in having all material "natters placed before the Minister.”

FRANC AND STERLING

iUnited Press r. rwiomtion—By Ele.-tiio Telegraph -Popvrichtl (Received 24th June, 10.10 a.m.) LONDON, 23rd June. Sterling exchange. London on Paris, 110| francs lo the pound