Appeal Court withdraws $1 million fine [1]
Tuesday, October 4, 2011 - 15:14. Updated on Monday, September 9, 2013 - 18:40.
THE Court of Appeal withdrew $1 million out of the total $2 million fine initially imposed by the Supreme Court on the Ashika ferry operator Shipping Corporation of Polynesia Ltd. over the Ashika sinking with the loss of many lives in 2009.
On September 30, the Court of Appeal judges upheld the $1 million fine imposed on the manslaughter charge in the Supreme Court. However, the additional $1 million fine imposed on the remaining five charges of sending an unseaworthy ship to sea was withdrawn and replaced with fines of only $100 pa'anga each.
They ordered for the fines to be paid within 30 days of the date of this decision.
The initial order made by Justice Robert Shuster requiring the SCP to make payments to the Tonga Maritime Polytechnic Institute and the Tonga Women's Crisis Centre were also withdrawn.
Judgement
The Appeal judges said it was clear from the accounts of the company made available to them that the assets of the company were very limited and they were advised that the company was in the process of being wound down.
"However, this is a case where, in our view, the consequences of ignoring significant defects in the seaworthiness of a vessel need to be made clear. The judge was right in saying that a strong message must be sent to other companies and individuals . . .
After considering the question of the appropriate fine the Appeal Court ruled, "We decided it was appropriate to impose a fine of $1 million on the manslaughter charge because of our conclusion that this is a case where the course of conduct requires the total offending be treated as being one offence. But we will impose nominal fines only on the remaining charges."
They then imposed $100 each on the five remaining counts.
Supreme Court
In April, Justice Shuster fined SCP $1 million pa'anga on a count of manslaughter by negligence, and another $200,000 on each of five counts of sending an unseaworthy ship to sea charge, resulting in fines totalling $2 million.
He ruled that $20,000 of this money was to be paid to set up a scholarship for the Tonga Maritime College for the highest ranking student in safety studies in regards to vessels. He also ordered that $20,000 was to be donated to the Women and Children's Crisis Centre. But the Appeal Court over-ruled these payments on the grounds that they would not be permitted by the section of the law.