It seems that the apologists for the airline make much of the fact that Captain Collins did not comply with a company requirement to observe the FL160 MSA approaching Mt Erebus (and then a 6000 ft limit when past it to the south).
The airline briefing notes stated “ if VMC cannot be maintained, FL160 is the Minimum Safe Altitude.” Even Chippindale’s report states “He was not violating any local restriction by descending to 1500 feet in VMC”
Anyone care to explain how the NZ regulations require flight above the MSA when operating in VMC? OK, then perhaps are we agreed that it was only a company requirement.?
Justice Mahon observed that in the 2 years prior to the disaster, NOT ONE PREVIOUS FLIGHT HAD COMPLIED WITH THIS RESTRICTION. They all happily flew in VMC below the MSA. Perhaps they were all crazy line pilots breaking the rules, lucky not to be reported, and the company knew nothing about it ?? Who would like to bet that no management pilots ever commanded one of these flights?? Come on! It cannot be disputed that the airline promoted the whole thing as a low level sightseeing flight, and the airline cannot escape the fact that Captain Collins was endeavoring to do what the airline expected him to do.
There is no doubt that Chippindale produced a magnificent report with detailed analysis of thousands of pieces of evidence. However, I think it was a classic case of “not seeing the wood for the trees..” You only need to stand back and metaphorically squint a bit and two monumental facts stand out.
1) The crew thought they were flying in VMC, and they were not.
2) The crew thought they were in McMurdo Sound, and they were not
Change either of these facts and the disaster would not have happened.
Can you blame the crew? I think not. Collins appeared to be meticulous in maintaining VMC.
CVR extracts:
35:36 “Presently through FL130. VMC. Intention to descend to 10,000”
38:23 “I’ve got to stay VMC, so I’ll be doing another orbit.”
42:49 “We’re VMC around this way, so I’m going to do another turn.”
45:00 “Now at 6000, descending to 2000, VMC.”
Then when it appears that VMC is becoming marginal…
47:43 “Might have to drop down to 1500 feet here, I think.”
48:46 “Actually these conditions don’t look very good at all”
49:24 “I don’t like this”
49:30 “We are 26 miles north. We’ll have to climb out of this.”
They are hardly the words of someone recklessly ignoring regulations.
Can he be criticized for not climbing at the first indication that conditions were deteriorating?
47:43 “Might have to drop down to 1500 feet here, I think.”
Once again, I think not. It was still a legal altitude, and he believed he was over the flat expanse of McMurdo Sound.
There is one part of Chippindale’s report I find utterly incredible.
2.5 The flight plan was printed for each flight from a computer stored record which, until the night before the flight, had the longitude for the McMurdo destination point incorrectly entered ………….
……… In the case of this crew no evidence was found to suggest that they had been misled by this error in the flight plan shown to them at the briefing.
No evidence to suggest that they had been misled by this error ????
They flew into a mountain they thought was 25 miles away fercrissake !!!
CVR:
46:39 “Where is Erebus in relation to us at the moment?” “Left. About 20 or 25 miles…about 11 o’clock.”
And also this little conversation in the cockpit.
Alt Cap
Ross Island there
Yes
Alt Hold
Erebus should be here
Right
fifteen hundred
Capture
Alt hold
Hold on both, nav track
Anyone happen to notice that NAV TRACK callout? As far as the crew were concerned, they were locked onto the planned track they had been briefed on and they were in the middle of McMurdo Sound.
Our airline apologists try to tell us that Justice Mahons findings were “overturned.” They were not. Justice Mahon's finding that the crew was blameless was not overturned. What happened was that Air NZ challenged Justice Mahon’s findings of a cover-up on the grounds that if such an accusation was to be made it should have been put to it at the inquiry.
The Court of Appeal agreed, and set aside the costs order against the Airline, on the grounds that Mahon had committed clear breaches of natural justice. The Privy Council subsequently found that Justice Mahon, as Royal Commissioner, had acted in excess of his jurisdiction and contrary to natural justice regarding those allegations.
It appears to me that once again nit-picking lawyers let criminals go free. There was still the cover-up of course, but the poor darlings were not told at the correct time that it was going to be made public.
Here is some of John Roughan’s column in the New Zealand Herald
Erebus eventually became the story of a cover-up. That was the conclusion of the inquiry conducted by Justice Peter Mahon and his story received eager treatment in the news then and ever after. It will be widely rehearsed again this weekend, the 25th anniversary of the crash.
Mahon decided the root cause of the disaster was the airline's navigational computer in which the pilots had absolute faith but which had been unwittingly programmed to fly into the mountain. Further, he believed Air New Zealand had realised it was at fault and had tried to pull the wool over his eyes.
It was a great story and Mahon was a great writer. I was back here and covering the High Court by the time his Erebus report became contentious. Justice Mahon was well-regarded by his peers. His decisions were written with crystal clarity and wry elegance. His report was a work of dedicated investigation, human insight and controlled fury.
Then it turned into a personal disaster. Air NZ challenged the fairness of his findings of a cover-up on the grounds that if such an accusation was to be made it should have been put to it at the inquiry. Mahon's peers at the Court of Appeal agreed.
When they found his report to be a breach of natural justice, he resigned from the judiciary and died some years later, said to be broken in spirit.
Most people's sympathies, including mine, were with Justice Mahon, particularly since the agent of his downfall was suspected to be the ever-domineering Prime Minister, Sir Robert Muldoon.
Prime Minister?
Airline?
Shonky dealings?
Why am I not surprised?
It’s Deja-vu ..all over again.