By Linny Folau
The master of an inter-island ferry, the MV Ko e Kelesi Pe, Tevita ‘Ilangana received a suspended sentence for proceeding to sea improperly when he permitted the vessel to sail with 141 passengers (51 more than the 90 passengers permitted) from Ha’apai to Tongatapu in 2023.
Lord Chief Justice Bishop sentenced ‘Ilangana to 12 months imprisonment, fully suspended for two years on conditions, on 17 October. He was found guilty by a jury on the one charge, after a trial on 28 August, at the Supreme Court in Nuku’alofa.
The offence was committed on 6 April 2023, in Pangai, Ha’apai, when as the Master he knowingly permitted the vessel to proceed to Tongatapu improperly with 141 passengers on board, which was in excess of the 90 passengers permitted on the Vessel’s Survey Certificate.
He pleaded not guilty and elected to be tried by judge and jury held before Justice Langi on 26, August 2024.
The LCJ in his sentence stated that the Crown submitted that they had asked the Ministry of Infrastructure whether they would make any application to forfeit the ship.
“We have not received any such application, and the Crown will not be pursuing any such application”, he stated.
The final recommendation from the Crown was 18 months fully suspended for two years, and to complete 50 hours of community service, including reporting to the Probation Office within 48 hours.
The court also heard from the accused's pre-sentence report detailing his personal history, lack of previous conviction, employment history and their recommendation on sentencing.
The LCJ stated that the Probation Officer recommended a fully suspended sentence on the condition that the accused complete community work and took the contents of this report into account in considering his sentence.
“I'm minded following the guidance given by the Prosecution for a suspended sentence and community work.”
Passsenger safety
The LCJ told the accused that the purpose of the rules for Sea Farers is to ensure the safety of passengers.
“You must know this with your experience that overloading your ship in the way that you did inevitably puts them at risk if anything happened to the ship, because I doubt there was sufficient lifeboats on the ship to deal with the additional passengers, or anything were to happen to ensure that if anything life would have been saved. This is a serious matter.
“I well understand that the pressure to take people onboard because of the failure of another vessel to operate at the time was difficult for you, but as a professional in charge of the ship you ought to have resisted that and said ‘I can't do this as the law does not permit it’.
“Just think, supposing your ship running aground, and supposing a life was lost, how would you have felt then? You would not have been able to live with yourself, would you? However I have regard for the fact that you have no previous convictions, is of previous good character, an experienced captain and a well-regarded member of your fleet.”
The LCJ stated that with those reasons, he regretted to say that this was a case which must be marked by imprisonment bearing in mind what he had said about the accused personally and considered from the pre-sentence report and crown sentencing submissions.
The LCJ suspended the sentence of 12 months' imprisonment for a period of two years, on conditions that requires the defendant to report to the Probation Office within 48 Hours and must not commit any further offence punishable by imprisonment.
In addition, he must complete 40 hours of community service as directed by the Probation Office within the next 12 months
The vessel Ko e Kelesi Pe is a Passenger/General Cargo Ship built in 1998 and currently sailing under the flag of Tonga.
