would not have required CAD approval and therefore could have been lawfully accomplished by the airline without reference to CAD”.  That situation may have been anticipated by the Commissioner himself for by reference to the false waypoint and the earlier consequential movement of the computer flight track down McMurdo Sound to the west he said that although approval of the route by the Civil Aviation Division should have been obtained it “would have been automatic” (paragraph 150).

In paragraph 255 (f) of the Report the explanation from all four members of the navigation section is described in the following way: 

“In my opinion this explanation that the change in the waypoint was thought to be minimal in terms of distance is a concocted story designed to explain away the fundamental mistake, made by someone, in failing to ensure that Captain Collins was notified that his aircraft was now programmed to fly on a collision course with Mt.  Erebus.”

That finding is one of those directly challenged in the present proceedings.

Advice of the Change

A different matter was considered by the Commissioner in relation to the change made in November 1979 to move the waypoint back to the TACAN at Williams Field.  As usual a signal was sent to the United States base at McMurdo with advice that the aircraft was to fly to the Antarctic on 28th November and the flight plan for the journey.  And in the list of waypoints appears the word “McMurdo” in lieu of the geographical co-ordinates which had appeared in the equivalent signal for the flight three weeks earlier.  The message had been prepared by Mr Brown, one of the four officers in the navigation section.

The use of the word “McMurdo” was the subject of an idea put by the Commissioner to Mr Hewitt, who was the second of the witnesses from the navigation section.  The Commissioner asked: 

“I know you have explained to me how that happened but someone may suggest to me before the enquiry is over that the object was to thats (sic) not to reveal there had been this long standing error in the co-ordinates and that is why the word McMurdo was relayed to them.  I take you would not agree with that”

     Mr Hewitt said: 

     “Certainly not sir.”

The suggestion had not been raised earlier at the Inquiry and it was not mentioned by anybody subsequently.  In particular it was not put to Mr Brown himself when the latter was called to give evidence three months later.  However the Commissioner expressed his view upon the matter in the following way.  In paragraph 255 (e) he said this—­