First mate did his best on a "tired" Ashika in rough seas [1]
Thursday, March 24, 2011 - 10:42. Updated on Monday, September 9, 2013 - 18:40.
DEFENCE counsel told the Ashika trial yesterday that the first mate of the MV Princess Ashika, Semisi Pomale, did his best in carrying out his duties onboard the MV Princess Ashika while he was in charge from 8pm to 12pm on August 5, 2009.
Semisi Pomale is charged with one count of manslaughter by negligence in relation to the death of Vaefetu'u Mahe in the sinking of the vessel on August 5, 2009.
At the Supreme Court in Nuku'alofa on March 23, his counsel, 'Ofa Pouono, in his final arguments submitted to jurors that his client was charged on the allegation that he failed in his duty as first mate on the night of August 5. It was also alleged that he was grossly negligent causing the death of Vaefetu'u Mahe.
"My client instructed for the balance tanks to be pumped and directed to the crew to bail water out after being informed that the vessel was titling to the starboard side (right). There was also evidence that a portable pump was used in the attempt to try and bail water out," put the counsel.
"I submit my client did his best in carrying out his duties onboard a vessel that was tired and in the rough seas between Tongatapu and Ha'apai."
He submitted on the allegation that his client was grossly negligent by failing to carry out his proper duties as first mate, he argued "according to whom?"
He said that no other first mate was called to prove that Semisi was grossly negligent in his duties. At the same time marine experts who gave evidence including Mosese Fakatou, Vaka'utapola Vi, 'Onesi Tu'ifua, Lisiate Vuni Latu and Lou Pale were never asked what they would have done from 8pm to 12pm.
"The only thing I have on record is that their evidence that they would never get on the Ashika vessel," said the counsel.
He then stressed to jurors that no one expected the Ashika would sink, including the marine experts and crewmembers.
He repeated that, "My overall submission is that the first mate did his best in performing his duties on the vessel during these last four hours and he did his best onboard a vessel that was tired and in a sea that was rough between Tongatapu and Ha'apai."
Final arguments
'Ofa's final arguments this morning wrapped up the five defence counsels final arguments that began on Monday, March 21.
The trial was adjourned to March 24 for the Crown Prosecution to deliver its final argument, before Justice Robert Shuster sums up the case.
Following Justice Shuster's final summing up, the seven jurors would be let go to deliberate on a verdict that might be reached as early as next week.