As a former Attorney General and Minister of Justice, 'Alisi Taumoepeau told the Royal Commission of Inquiry on January 26, it was normal procedure for Government Ministries to follow directions from government without seeking proper legal advice from the Crown Law Department, regardless of whether or not it was an unreasonable direction.

Giving evidence on her second day, 'Alisi, the Chairperson of the Shipping Corporation of Polynesia Ltd., agreed with the Assisting Counsel Manuel Varitimos that the Ministry of Transport and Government had learned little from the Ashika disaster.

'Alisi appeared as a witness after Transport Secretary 'Eleni Mone's evidence on the same day.

She was asked in her experience as former Minister how any Ministry or Department could allow a vessel that was detained to sail. She said this normally happened with Government Ministries under direction given by the Minister. What is to be done should be done, and normally they do it, she said.

"Even if it is of unreasonable decision?" asked the counsel.

'Alisi answered, yes, even if it's unreasonable "otherwise you would be told to go on leave, suspended or something."

She added that in her former position the Crown Law had tried to get Ministries to contact them for legal advice but they created their own legal divisions, which in her view were incompetent to deal with legal issues.

The counsel put to her that she herself had given fearless advice, and she answered, "Yes, and look what it has done to me."

Resignation

'Alisi who provided to the inquiry an 18-page Second Affidavit dated January 25, 2010, attached two letters. One was from the Prime Minister Feleti Sevele telling her to resign and the other was her reply to the PM.

The counsel asked her if the Prime Minister was not happy with her advice

'Alisi answered that he was not happy with her advice hence confirmed that by February 2009 she faced increasing difficulty in Cabinet as result of her advice to PM. In March 09 he asked for her resignation and she resigned effective of May 30, 2009.

"You struggled with the Prime Minister?" Varitimos asked.

'Alisi said yes., and read aloud the letter from the Prime Minister and her reply in the inquiry.

The counsel put to her that it was abundantly clear that any direction by Government to allow Pulupaki to sail was not according to law, and she agreed, and also confirmed that she was aware that this constituted an offence of 15 years in jail.

Law Lords

The counsel put to her that her concern and her advice to the PM was that there was no constitutional basis in Tonga for establishing the Law Lords as formal advisors to King as it overruled and by passed the constitutional role of the Attorney General as the chief legal advisor to Government.

'Alisi agreed and said the Law Lords had developed into a Judiciary Committee of Privy Council and personal legal advisors to the King. This overruled the Attorney General's role as the chief legal advisor to Government and there was no constitutional basis. She added that it had now developed into a body that advises the PM and the king on all aspects of law and she had advised the PM.

The counsel put to her that her advice was ignored and subjected her to her resignation, and she agreed.

"Could I suggest that any competent lawyer would agree that the Law Lords appointment was unconstitutional?" asked the counsel, and 'Alisi agreed.

She was asked whether she was aware that the PM asked Commander Vi to take three months leave and she answered that this seemed to be the normal pattern now.

Concern

She continued to tell the inquiry that she found that John Jonesse as SCP Managing Director had poor administrative skills and was incapable of completing his tasks. She referred to situations where he provided inadequate documents or information to support agendas that were of SCP Board Meetings.

She said in 2008 she directed him to provide proper details on items of Board Meeting agendas, but he never did.

She agreed with counsel that Jonesse had a history of not placing before the Board adequate papers to support items on agenda; and added he had poor administrative skills and looking back now he was incapable, she added.

Maritime issues

She told the inquiry that as SCP Chairperson she relied heavily on former Board member Mosese Fakatou who resigned after Ashika sank last year, and Lord Dalgety on maritime issues and maritime law.

She confirmed that Fakatou in 2009 did not attend any Board Meetings and apart from him and Dalgety, she had no experience in maritime law nor did Jonesse, as it was a specialised area.

She agreed with counsel that the one person that had maintained legal was Dalgety; and she relied on him and his advice.

'Alisi also agreed with the counsel that Dalgety had made known that he was an Admiralty Law expert and in the time SCP recommended to buy Ashika he was the only person on the Board that had expertise in maritime, and he was there to give proper advice in order for Board to make prudent decisions.

Dalgety's advice

'Alisi confirmed to the inquiry that it was Dalgety's advice that SCP was not purchasing the vessel and that Government was, and added that Dalgety never advised the Board that in fact SCP should be treated as the owner of the vessel according to law.

The counsel asked her if Dalgety had advised that SCP as an operator should be treated as the owner of vessel would it have changed their approach?

She said yes it would have changed their approach completely. And added at this time she was already in a resignation mode and knowing someone would take over her position she allowed Dalgety to carry on with company duties.

"Let me clarify this, if Dalgety advised you for the purpose of the Shipping Act that in fact SCP should to be treated as the owners of the vessel, you would have taken a different approach?"

'Alisi said "yes".