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Old 16th Dec 2011, 20:30
  #276 (permalink)  
prospector
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but the revolutionary aspect of Mahon's approach to the investigation is still a model of it's kind).

From New Zealand Tragedies Aviation. John King.

Because the findings of the Royal Commissionof Inquiry on the cause of the disaster were limited in scope, being legally an opinion and not a statement of fact, they could not be appealed in legal terms, unlike the Office of Air Accidents investigation which remains the sole official account- and has never been officially challenged
The Court of Appeal addressed several aspects that were brought to the commissioners notice during the enquiry but ignored by him. The five judges unanimously quashed the $150,000 costs order, imposed as punishment for the alledged conspiracy.
Citing his own action when alledged to be in the wrong, Morrie Davis called on Mahon to resign as a High Court Judge, which he did.
In their judgement delivered opn 20th Oct 1983, the five Law Lords of the Privy Council dismissed the commissioners appeal, which upheld the decision of the Court of Appeal decision, which set aside the costs order against the airline, on the grounds that Mahon had committed clear breaches of natural justice.
THEY DEMOLISHED HIS CASE ITEM BY ITEM INCLUDING EXHIBIT 164 WHICH COULD NOT "BE UNDERSTOOD BY ANY EXPERIENCED PILOT TO BE USED FOR THE PURPOSE OF NAVIGATION.
And then of course we hae the finding of Judge Greene who also completely disagreed with Mahon's findings.

Last edited by prospector; 16th Dec 2011 at 22:29.