Cockpit voice recording to be used as evidence in pilot's manslaughter trail in NZ
Court clears evidence in fatal Ansett crash
05 April 2001
The cockpit voice recorder from the Ansett Dash-8 aircraft which crashed in the Tararua Ranges five years ago can be used as evidence in the pilot's manslaughter trial.
The Court of Appeal yesterday allowed an appeal by the Crown against a ruling that the recorder was inadmissable. The reasons would be given later, Justice Keith said.
Former Ansett Dash-8 pilot faces four charges of manslaughter and three of unlawfully injuring passengers, stemming from the crash on June 9, 1995. His trial is due to start in the High Court at Palmerston North on April 23.
On Tuesday a five-judge bench presided over by Chief Justice Dame Sian Elias heard an appeal by the Crown that the cockpit voice recorder be allowed as evidence at the trial.
Lawyer for the Crown John Pike said, after the accident legislation was passed in Parliament which prohibited cockpit voice recorders from being used in court proceedings against airline crew members.
However, the Crown contended this wasn't retrospective and didn't apply to Sotheran's case.
"This tragedy occurred before the Act came into force and nothing in the Act at all applies to it," Mr Pike said.
For Sotheran, Hugh Rennie QC said when the Bill was debated there were references to the Dash-8 accident. "It is plain the House was fully aware the amendment would apply to this case."
Transport Accident Investigation Commission lawyer Francis Cooke said it would be unusual for Parliament to exclude the Dash-8 case which had caused the legislation.
The Evening Post.
[This message has been edited by Oleo (edited 05 April 2001).]