Jonesse shares responsibility for sinking of ferry [1]
Saturday, January 30, 2010 - 06:15. Updated on Friday, May 9, 2014 - 21:46.
Shipping Corporation of Polynesia Ltd Managing Director John Jonesse told the Commission of Inquiry into the sinking of the MV Princess Ashika on January 28, that he was equally responsible for the sinking of the ferry as other individuals and institutions.
Jonesse's first appearance at the hearing last year was cut short because of his suspension as the Managing Director of the SCP when he had to find his own lawyer. He made his second appearance on the afternoon of January 28 with a new counsel, Laki Niu.
Jonesse told the Commission that when he went to Fiji in relation to Ashika he went on behalf of the SCP and not of Government, which was in contradiction to what Lord Dalgety gave in evidence that he (Jonesse) went on behalf of Government.
The turn of evidence continued with Jonesse accepting that he was partly responsible for the sinking, but he disagreed with the submission of the Assisting Counsel Manuel Varitimos that he failed to carry out his duties that contributed to the disaster.
But he agreed that the SCP Board and the Company Secretary did not carry out their proper duties as the Board members had other roles, and the Chair at the time had her other role as Minister.
Deterioration
Jonesse submitted to the Inquiry a document he prepared as a recommendation to prevent such disaster.
He was asked by the counsel what was he seeking to do with the document?
He answered it raised a number of comments about deficiencies in many areas from training to operation. He commented about the vessel's deterioration.
"Could I suggest the vessel was in an advanced state of deterioration that it should never have been recommend for purchase?" said counsel Varitimos.
Jonesse said that was probable.
Jonesse also accepted the submission that if proper due diligence was in fact conducted the SCP Board should never have recommended to Government to buy the vessel; and he agreed that he played an instrumental role in the pre-purchase due diligence.
"You are in part responsible for this disaster," put Varitimos.
Jonesse answered, yes, he was responsible - in part.
However he rejected a submission by counsel that he did not carry out his duties.
He agreed that a number of people and bodies are responsible for this disaster; and that it was a systematic failure as well as individual failures.
Not seaworthy
Jonesse confirmed that the Director of Marine never signed a Seaworthy Certificate for the vessel and agreed that was a systematic failure of the Transport Ministry.
He was also questioned on his close relationship with the former Minister of Transport Paul Karalus in which he asserted that the minister's door was always open to him like everyone else; and added that he regularly visited him on both professional and personal visits.
He confirmed that the minister was very interested to know on the operation of the Olovaha, and that they regularly communicated via phone and other means in 2008-09 and discussed possible replacement for the MV Olovaha, as well as the Ashika prior to the SCP Board recommending to Government to buy it.
He confirmed having gone to Fiji on four different occasions in relation to Ashika. A travel movement document was provided to the inquiry, which confirmed that he first went in March, twice in April and again in June 2009.
Jonesse said that Lord Dalgety's evidence was incorrect when he said that he went to Fiji on behalf of Government. Apart from a letter he received from the Minister of Public Enterprise requesting assistance in the tender process, he went for the SCP.
"Did Karalus ask you to go to Fiji on behalf of Government?" Varitimos said.
Jonesse said that no one in Government asked him to go, and asserted that the SCP paid for his airfares and his accommodation was reimbursed.
He said he initially went to Fiji to look at a vessel called the 'Island Navigator' operated by the same owner, the Patterson Brothers. But it was inappropriate for Tonga so he was referred to the Ashika.
Jonesse accepted that he was responsible to prepare proper reports for a potential recommendation for purchase of the Ashika
He also accepted that it was his duty to ensure a suitable and reliable vessel for the inter island ferry, that was appropriate for Tongan conditions.
At the same time he claimed and that he was in Fiji to look at the vessel in its mechanical and electrical state. "The rest of the critical details was not my responsibility nor SCPs."
Urgent
"But I suggest to you that you were fully aware that SCP needed an urgent replacement vessel for the Olovaha because the company was going downhill?" Varitimos said.
Jonesse agreed that SCP was a one vessel shipping company and it was critical that they wanted a reliable and suitable vessel and that Government bought it and SCP operated it. The SCP did not want a vessel that was unreliable.
He agred he had a responsibility to ensure proper due diligence was conducted prior to the recommendation to Government to buy it.
"And you are aware that no proper due diligence was conducted prior to purchase?"
Jonesse said, yes, and added he believed this was of the procurement process.
When the counsel put to him it was clear from his four visits to Fiji that the Ashika was in a poor condition; Jonesse answered that his only observation in his own experience was of the mechanical work and not full status of the vessel like its structure.
"Do you accept there was considerable rust?" asked the counsel.
Jonesse said, yes, in the areas that he observed like the railings. But the counsel put to him that the handrails were so extensively rusted that it rusted off, and he replied, "only one."
No survey
"Do you accept that you did not obtain an independent survey?" Varitimos asked.
Jonesse said there was the indication that the Marine Department would carry out the full survey of the vessel.
"Did Karalus tell you?" asked the counsel.
He answered that he did not recall 100 percent but he asked former Marine Director Bill Johnson about a survey.
Jonesse, however, accepted that the SCP never organised an independent survey or a valuation report.
The documents he obtained in relation to the Ashika from Fiji, included a preliminary document on the mechanical work done and some documents put to the Marines and he obtained one or two surveys by Patterson Brothers that were incomplete.
He accepted that part of due diligence was inspecting records prior to purchase; and obtaining copies, including a load line certificate that needed to be inspected and checked if valid; but that was not done in relation to the Ashika.
"But I suggest, you had sufficient time in Fiji to do it?" said Varitimos.
Jonesse answered that he had had time but he was not allocated that responsibility nor was SCP.
The survey certificates he obtained from Fiji included a Radio Certificate, Coastal Trading Licence, and there was evidence of Stability Book but he told the inquiry he never made a copy. He said he was told the stability book was on the vessel but he never looked at it.
"Did it cross your mind to look at it?" said Varitimos.
Jonesse said it was not necessary. He added that he gave all the documents to the former Marine Director Bill Johnson.
"Did you ever see a Current Survey Certificate?" asked the counsel, and Jonesse said no and agreed that he never provided Transport with one.
Dishonesty
Jonesse was questioned about the Audit Document for the Ashika.
A New Zealander David Shaw who inspected the main engine of the Princess Ashika vessel in Fiji in April 2009 gave evidence earlier this month that he never signed an Audit Document for the Ashika as he never knew one existed.
Shaw, the Director of Shaw Diesels Ltd., confirmed that he did not see the Audit Document until September last year when a New Zealand Transport investigator interviewed him in Auckland and he said that he never authorised Jonesse or anyone to sign it.
Jonesse confirmed that he prepared the Audit Document upon returning to Tonga from Fiji and that he had placed the name 'David Shaw' on the document.
"Do you accept that anyone without knowledge would have come to conclusion that David Shaw signed it? asked Counsel Varitimos.
Jonesse accepted that placing the name David Shaw gives the impression that it was Shaw's signature.
"And you wrote it as his signature?" asked Varitimos.
Jonesse said no, but confirmed that he wrote his name.
"Do you accept that placing the name David Shaw on the Audit document is an act of dishonestly on your part?" asked Varitimos.
Jonesse did not agree with that but added that it could be interpreted as that.
The purpose of the Audit Document was to present what had been done in terms of the mechanical status of the vessel and he submitted this document to the Marine Department.
"But did you not give the document to SCP Board . . . and I suggest if you were acting for the SCP you should have given it to Board?"
Jonesse said he believed it was with the Board papers.
"I suggest to you that it was not in Board papers produced to the inquiry?" put the counsel, and Jonesse agreed.