36 REPORT OF THE: OF INQUIRY General 1. The Court sat at Papakura Camp on 11-13 March 1981 and remained open in anticipation of a further report (paragraph below) until 3 Apr 81. Evidence was taken from four witnesses, and although two persons were involved in the inventory of kit taken in the Philippines, a statement was only taken from the one asS- had already returned to his own unit and could have contributed no further information. Place and Time of Accident 2. The accident occurred between 0500 and 0600 hours (approximately) on 26 Feb 81 on the ocean in the vicinity of Tabore cs Island, the Republic of Philippines. who was Killed 3. 0f 24 persons killed in the accident LWO were New Zealand Servicemen. They were: J50163 WOZ R.D. Heywood D.M. Terry Whether the Deceased were on Duty at the Time of the Accident Q. Both the deceased servicemen were on authorised duty at the time of the accident. They were involved in the final stages of a Special Forces Exercise. The Extent of any Loss of Public Property 5. The following items of public property carried by the deceased were lost as a result of the accident: Sub machine gun 9mm Sterling Knives Diving Magazines 9mm SMG Life Jackets RFD type Blank Firing attachments 5M6 We First Witness First witness Exhibits A, and First Witne55 3rd witness Exhibit 4th Witness Information Determining?the Eligibility of Dependants for a Pension 6. The court having examined the Service records of the deceased can confirm that both were serving members of the Regular Force of the New Zealand Army. See also paragraphs 4 and 7. Whether the Deaths were attributable to Military_Duty 7. It has been established that the deceased servicemen were on duty, exercising their service skills, whilst engaged in an authorised military exercise when the aircraft accident causing their death occurred. Other Relevant Information 8. The kit on issue to, and personal effects of the deceased servicemen were properly accounted for, inventories taken, and all items were disposed of correctly. Report by the United States Military Authorities 9. The court has established from unit correspondence that a Board of Inquiry was instituted by the United States Air Force on 26 Feb 81 at US Facility, Subic Bay, Republic of the Philippines. The members of the doard were: Pres ident - 5- 9(2Xa) Medical Member At 31 Mar 81 the report of the board had not come to hand. Recommendations by the Court 10. The court recommends that the deaths of W02 R.D. Heywood and D.M. Terry are attributable to military duty. Unit personal records First Witness 2nd, 3rd and 4th Witnesses Exhibits and - 38 11. In view of thetfacts at paragraph 9 and the uncertainty as to when the report by the USAF Board of Inquiry report will be made available it is recommendeda?gat these proceedings be accepted report. President 5' Member