Transport Minister sends unseaworthy Pulupaki to sea [1]
Thursday, January 28, 2010 - 06:30. Updated on Friday, May 9, 2014 - 21:48.
The MV Pulupaki, declared last week to be unseaworthy and detained from sea by the Ministry of Transport, was allowed to sail in the weekend under the authorisation of the Minister of Transport Noble Nuku, an inquiry was told on Tuesday, January 26.
This was to assist in an emergency request of another vessel Punalei, owned by the same company, Walter Shipping, at a location some 260 miles from Nuku'alofa, a position closer to Fiji by 100 miles.
This Royal Commission of Inquiry into the sinking of the Ashika had directed Transport Secretary 'Eleni Mone the previous day to inquire why the detained vessel had sailed in the weekend.
She told them it was allowed to sail in the weekend under the authorisation of the Minister of Transport Noble Nuku after consultation with Marine Director Viliami Tu'ipulotu.
'Eleni also said she inquired with Tu'ipulotu who advised her that the authorisation to allow the vessel to sail was in accordance with the Emergency Request according to the Shipping Act. She said she asked why she was not told of this, and had reprimanded him verbally.
'Eleni admitted to the inquiry that she did not seek other legal advice to clarify this authorisation.
No authorisation
'Eleni agreed with counsel Varitimos that she was concerned that the vessel the ministry detained last week was allowed to sail a few days afterwards.
She said that after appearing at the inquiry she had a meeting with the Minister and the Marine Director on January 25 about not being informed of the sailing and said she voiced her frustration with them as she was not happy for not being informed.
"It's clear that Minister gave the approval for the vessel to sail?" Varitimos asked and 'Eleni agreed.
"I suggest to you that the so-called authorisation that the Transport relied on was totally incorrect, as it gave no authorisation to allow the vessel to sail. And I also suggest that it is unimaginable that a Minister of Transport could allow a vessel to sail in emergency considering recent materials confirmed its unseaworthiness," said Varitimos
'Eleni said she was concerned about it and confirmed that Transport allowed the vessel to sail on Saturday evening January 31.
Not logical
"Does it seem logical to you a vessel detained because it was unseaworthy just last week was given permission to sail some 260 miles from Nuku'alofa for emergency procedure?"
She said she expressed her frustration and in her personal view the decision was not logical.
Unseaworthy
'Eleni admitted that she had received correspondence from Commander Vi dating back to last year expressing his concern on the seaworthiness of Pulupaki.
"But the vessel was still allowed to sail," said the counsel.
Varitimos confirmed that the Port Master Capt Mafi had written a letter to her on January 25, 2010 that indicated he would not allow the Pulupaki vessel to come back to port
"This letter is not in your file that you are producing today," he said.
'Eleni said it should be.
She was aware before Christmas last year that Ports Authority similarly indicated not allowing the Pulupaki back to port after sailing on December 22, 2009; and admitted that despite this the vessel was allowed to sea and without port clearance.
Port Authority board replaced
The counsel added that subsequent to this order by the Ports Authority in not allowing Pulupaki back to port, the Port Authority Board members were replaced by other members including a Secretary from the Prime Minister's office.
'Eleni said she was not aware that Ports Authority General Manager Commander Vi was told by the Prime Minister to take three months leave.
"As Secretary of Transport what are you going to advise in relation to this issue?" asked Varitimos
'Eleni said she would contact the Ports Authority and request that the Pulupaki be allowed back to port because they officially allowed it to sail and it should be allowed back and she would advise Minister to do so.
"Even though if it's unseaworthy?" put the counsel, and 'Eleni said "yes".
Accused of negligence
The counsel suggested to her whether she agreed that the Marine Director is incompetent and similarly incompetent is the Transport Minister.
'Eleni said she could not voice that opinion at this stage and added they took the decision based on all factors in play.
She however agreed that she is aware that the location of emergency was closer to Fiji some 100 miles then to Nuku'alofa.
When Varitimos asked if another vessel closer to the location deemed seaworthy could have assisted with the emergency, 'Eleni said she did not know as Tu'ipulotu informed her that this was the most immediate vessel.
The counsel put to her that their action was grossly negligent, but 'Eleni disagreed.
Not permitted
The Attorney General John Cauchi in his examination of the witness submitted to her whether she knew there was no power under the Shipping Act that allowed anyone to authorise an unseaworthy vessel to sea.
'Eleni admitted that she had not looked at Shipping Act.
"Do you understand that the Shipping Act complied with International Shipping Regulations stating that a vessel detained is not permitted to sail under any circumstances?" said the Attorney General. She replied that she did not understand.
He again clarified to her that the purpose of the Shipping Act is to stop unseaworthy vessels to sail under any circumstances, "but you have allowed it to sail?" She answered that was correct.
Punalei
The other vessel, the Punalei, according to the Ministry of Transport counsel Sifa Tu'utafaiva, is a fuel tanker owned by Walter Trading. It is anchored in Vava'u and Ha'apai after not being allowed to the Nuku'alofa port by the Ports Authority.
A case regarding this order is currently in the Supreme Court of Tonga and will be heard in April, he told the inquiry.