Tongan ferry was unseaworthy, court told

The sunken ferry, Princess Ashika. Photo / NZPA, Royal New Zealand Navy

Tonga's biggest criminal trial re-started yesterday in Nuku'alofa when the court was told that the Shipping Corporation of Polynesia had been advised before it bought the Princess Ashika ferry that the vessel was unseaworthy.

The ferry sank on its fifth voyage in August 2009, killing 74 people.

The company, and four men - including former Christchurch businessman John Jonesse - are facing manslaughter charges. Jonesse is also facing a forgery charge.

The Crown's first witness when the Supreme Court trial started at Tonga's Parliament House, was Captain Vaku'ata Pola Vi, who now runs Friendly Islands Shipping, which operates Tonga's new ferry.

A former employee of the Shipping Corporation, before the Princess Ashika arrived in Tonga, he told the court that Jonesse gave him pictures of the MV Princess Ashika and asked him for his advice, Radio New Zealand International reported.

Capt Pola Vi told the court that he advised Jonesse that the boat was not seaworthy to sail in Tongan waters.

He made notes on the pictures identifying deficiencies and recommending refurbishment work to be done.

According to Capt Pola Vi the rusting boat was "not appropriate for Tongan waters".

The trial started last week, but came to a sudden halt when it was discovered one of the seven members of the initial jury had a criminal conviction.

A second jury of three women and four men was selected last Friday, from a pool of 100 potential people who were then questioned about matters such as criminal convictions, literacy, health, and whether they were related to ferry victims. None admitted to criminal convictions, but 10 were excused from the panel.

Captain Makahokovalu Tuputupu and the Shipping Corporation each face six charges: one of manslaughter by negligence and five counts for taking an unseaworthy ship to sea. The manslaughter by negligence charge relates to the death of young mother, Vae Fetu'u Taufa - one of only two bodies recovered.

Jonesse, the ferry's first mate Semisi Pomale, and the nation's acting director of marine Viliami Tu'ipulotu face similar charges, though the New Zealander is the only one charged with forgery in relation to an audit report and with knowingly dealing with a forged document.

Crown prosecutor 'Aminiasi Kefu has said that other witnesses will include Mosese Fakatou a marine engineer who inspected the MV Princess Ashika ferry before it departed on its final voyage, and a New Zealander, David Shaw, whose audit report is alleged to have been forged, Tongan marine Inspector Lou Pale, and a former Ashika crew member Solomone Havili.

- NZPA