All Guilty on all charges, Ashika jury decides [1]
Friday, April 1, 2011 - 10:53. Updated on Wednesday, September 11, 2013 - 10:06.
All defendants are guilty on all charges, the Ashika jury has decided after 10 hours of deliberation, delivering their verdict to the Nuku'alofa Supreme Court at 10:20 am this morning.
The four men charged with manslaughter by negligence and other charges relating to the sinking of the MV Princess Ashika ferry are remanded in police custody for sentencing by Mr Justice Shuster on Monday 4 April.
Along with the ferry operator, they collectively faced 27 charges including sending and taking an unseaworthy ship to sea in regards to the Ashika's five voyages, with one similar count of manslaughter by negligence in relation to the death of Vaefetu'u Mahe (22) whose body was one of only two recovered after the sinking of vessel on August 5, 2009. A total of 74 passengers and crew died in the sinking of the MV Princess Ashika, including all of the women and children on board.
The five defendants convicted today are the Shipping Corporation of Polynesia Ltd. (6 charges), Acting Director of Marine Viliami Tu'ipulotu (6 charges), former SCP Managing Director John Jonesse (8 charges), the Ashika captain Viliami Makahokovalu Tuputupu (6 charges) and first mate Semisi Pomale (1 charge).
John Jonesse was convicted on eight counts including one of manslaughter by negligence, five counts of sending an unseaworthy ship to sea, forgery, and knowingly dealing with a forged document in relation to an Audit Report by David Shaw.
Viliami Tu'ipulotu was convicted on six counts including one of manslaughter by negligence and five counts of sending an unseaworthy ship to sea.
Captain Viliami Makahokvalu Tuputupu was convicted on with six counts, including one of manslaughter by negligence and five counts of taking an unseaworthy ship to sea.
First mate Semisi Pomale was convicted on one count of manslaughter by negligence.
The ferry operator the Shipping Corporation of Polynesia was convicted on six counts, including manslaughter by negligence and five counts of sending an unseaworthy ship to sea.
Mr Justice Shuster today ordered the four convicted men to be remanded in police custody for sentencing, because of the seriousness of their offences.
In Tonga manslaughter by negligence can attract penalties of imprisonment not exceeding 10 years.
The jury reached its verdict this morning after deliberating for over 10 hours, meeting for two hours on Wednesday, seven hours on Thursday and for over an hour this morning behind closed doors at the Supreme Court building. The verdict was delivered to a full house at the Supreme Court where the families of the defendants, parliamentarians and government officials had gathered. The verdict was received with silence.