Former Director of Marine admits negligence to Ashika Inquiry [1]
Monday, December 21, 2009 - 12:15. Updated on Friday, May 9, 2014 - 21:54.
Former Director of the Marine Division of Tonga's Ministry of Transport Bill Johnson agreed that he was negligent by not sending surveyors to Fiji to survey the MV Princess Ashika before a decision was made to buy the vessel.
On his first day of giving evidence to the Royal Commission of Inquiry into the sinking of the MV Princess Ashika, on December 18 Bill surprised the inquiry when he told the Commission that he signed a Provisional Certificate of Survey for the Ashika on June 9th when, in fact, he retired as Director of Marine, the day before June 8, 2009, and the provision for the Provisional Certificate under the Shipping Act was repealed six years ago.
Bill also told the Assisting Counsel to the Commission Manuel Varitimos that he gave John Jonesse a Surveyor Checklist before he went to Fiji to look at the Ashika. He confirmed that this is a surveyor standard checklist, listing what to look at, for example a radio, lifejackets etc.
The counsel asked Bill if he was aware that Jonesse had no shipping qualifications, and what was he going to do with that checklist. Bill responded that it was not too difficult for anyone with intelligence to follow the checklist, but he agreed that Jonesse was not a surveyor with any shipping experience.
Agreed
The witness confirmed that he knew in March that Government was looking at purchasing a vessel and in May he was aware that Government was going to buy it. He confirmed that he never suggested nor recommended that surveyors from the Marine Division travel to Fiji to inspect the vessel.
The counsel put to him that it was one of his duties as Director to advise Government on shipping matters and ensure satisfactory vessel operating in Tonga, which he agreed. But when asked to explain why he did not recommend sending surveyors to Fiji, he did not have any answer, but agreed that it was negligent of him to do so and it would have been prudent to send surveyors.
He also confirmed to the inquiry that he was never shown a Current Survey Certificate for Ashika and he never requested to see it although he spoke with Jonesse many times from March to the week before retiring from the job on June 8.
The former of Director who also signed a letter June 8, under Ministry of Transport Marine Division letterhead, subject Exemption Princess Ashika, in which it stated Under Solas Safety at Sea regulation granted for Ashika to carry out delivery voyage from Suva, Fiji to Tonga on or after June 11, 2009.
No authority
The witness agreed with the counsel that he in fact had no authority to sign this document, authorising the delivery voyage of the Princess Ashika from Suva, Fiji to Tonga, and it was also negligent in the part of the witness to sign the document with no basis to conclude that the vessel complied with safety regulations of the Ministry of Transport and that it was a dangerous trip from Suva to Nuku'alofa
Bill, however, continued to sign documents even though he knew that he no longer had the authority. On June 9 he signed a Provisional Certificate of Survey and on the same day, filled out details of Ashika on the official Registration Book kept under legislation, but it was not signed and there was no receipt in the Official Receipt Book that stated that a registration fee was paid for the Ashika.
The inquiry was adjourned on Friday, December 18 until January 12, 2010.