The Tongan Cabinet unanimously resolved and directed for the MV Pulupaki to be allowed back to Nuku'alofa in December 2009, regardless of whether it was seaworthy or not, the Minister of Transport Noble Nuku said.

But during his evidence to the Inquiry into the sinking of the Princess Ashika, on January 29, he denied a suggestion that the decision was made for political pressure rather than in the interest of the safety of people.

The Minister, who initially gave evidence in the morning, re-appeared in the afternoon session and produced documents that included a Cabinet decision dated December 22, 2009. The decision was made following a Public Announcement by the former Ports Authority General Manager Lupeti Vi that it would not allow the vessel back to Nuku'alofa after sailing to the islands on December 22, because it was unseaworthy.

Unanimous

The Cabinet then held a meeting on the same day of the announcement and resolved with all members voting unanimously that the Chief Secretary and Secretary to Cabinet Busby Kautoke write a letter to the Ports Authority with a direction: firstly, that the public announcement cease right away; that the Ports Authority work closely with the Ministry of Transport on matters; and thirdly, that the Pulupaki be permitted to come into and tie to Queen Salote Wharf on its return from the islands for loading and unloading purposes.

On being questioned by the Assisting Counsel Manuel Varitimos, the Minister confirmed that the issue was raised before the Cabinet and they made the decision, but he could not recall the person who raised the issue.

The counsel then specifically asked whether the Prime Minister raised it?

Nuku said no.

"Well, do you know whether he did or you can’t remember?"

He said the PM did not raise it.

"Well did the Deputy Prime Minister raise the subject, or the Minister for Lands, or the Minister for Education?" asked the counsel

The Minister said that he could not recall.

"Well, if you don't recall, how do you know that none of these people that I've mentioned raised the subject?" asked the counsel.

Nuku answered because they were all in front of him.

Ports Authority

The Minister confirmed that the Prime Minister was the Chairperson of the Ports Authority Board in 2009. He accepted the counsel's submission that as the Chairperson of the Ports Authority the PM would be interested in the motion, but claimed he could not remember who raised the issue.

"Well, who in Cabinet would have an interest in the Ports Authority and this announcement," asked the counsel?

The Minister answered that all he could confirm was that there was a concern when it was first raised but could not remember by whom.

He confirmed that in the case of this Cabinet decision of December 22, 2009 that the Prime Minister asked the members of Cabinet to vote in relation to the proposed resolution.

Unseaworthy

The Minister confirmed that all members of the Cabinet voted in favour of the resolution and that it directed that the MV Pulupaki be permitted to come into and tied to the Queen Salote Wharf.

"But you were aware by December 22, 2009 that this vessel was unseaworthy?" said the counsel, and the Minister agreed.

"And I suggest you were, effectively, supporting and approving by this decision allowing an unseaworthy vessel to sail, do you agree with that?"

The Minister disagreed.

He then agreed that if it were not for the decision by Cabinet on this day the vessel would not have been allowed to Nuku'alofa.

He disagreed that the Cabinet was not happy with that decision or that announcement made by Comm. Vi. He thought the direction was because there were people on the vessel and it was supposed to be unloaded.

"Well, the effect of the direction was to allow this vessel to come into Nuku'alofa, is that right? The decision was made to allow the vessel back. And that decision was made irrespective of whether the vessel was seaworthy or unseaworthy, is that right?" said the counsel?

The Minister answered, yes.

"You knew by 22 December, that this vessel was unseaworthy, is that right?"

But the Minister said he could not recall and did not know whether he had received the survey by the time.

Minister of Transport

"But you’re the Minister of Transport or Acting Minister of Transport, did you say anything at this meeting in relation to this proposed Cabinet resolution of December 22?" asked counsel.

The Minister said, yes, as the Prime Minister asked him whether he knew anything about the announcement. He said he did not know anything about it or any information given by the Port Authority.

MV Pulupaki

In answer to further questions about another ferry the MV Pulupaki, the Minister said it was in Ha'apai.

He said he sent surveyors to Ha'apai to look at the condition of the vessels but they just came back and he had not received the result of that survey. He answered that he would get a report before he decided what to do with it.

The counsel put to him that these surveyors had already signed off reports effectively saying the vessel is unseaworthy and that he as Minister detained the vessel last week, and the Minister agreed.

The counsel suggested that it is incomprehensible that in a week's time, the same surveyors could turn around and now say that it's seaworthy.

The Minister answered it was detained and they are working to check the vessel daily for the deficiency that was given to them by the survey.

"Well, Minister, the vessel was detained, was it, about last January 20 and so obviously it couldn't have made the rectifications during the time that it was sailing from Saturday to today, is that right?" said the counsel. The Minister agreed.



"So I suggest that obviously the defects could not have been

remedied between the time that you decided to detain the vessel and now. Is that right?" said the counsel. The Minister said, yes.

"So do you accept that if the surveyors came back now and say that it's seaworthy, then they're obviously wrong. Do you agree with that?"

The Minister answered they are the people that give him the information - "the decision will depend on the information that's given to me by those surveyors."

"But they told you a week ago that it was unseaworthy?" said the counsel.

The Minister said, yes.

"And you trusted them. And you therefore detained the vessel?"

The Minister said, yes.

Culture of fear

The counsel put to him that the Chairperson of Shipping Corporation has had the integrity and honesty to state that she believed there is a culture of fear in Tonga to stand up for what is right in the public sector because one may be forced to retire early, go on leave or be sidelined.

The Minister said he had not heard those comments.

He did not agree that there is "a culture of fear in Tonga to stand up for what is right in the public sector because one may be forced to retire early, go on leave or be sidelined".

Nor did he accept the proposition by the SCP chairperson that "some may say that this is an aspect of our culture of respect for authority but in my view and that respect and fear are not the same and blurring them fosters bad decisions at all levels of Government.”

"Do you accept that "Tonga needs sons and daughters who can give

professional, frank and fearless advice to those in authority without fear of sanction?"

The Minister said no.

But he, on the other hand, agreed with the SCP Chairman's comment that Tonga needs to ensure that a tragedy such as MV Princess Ashika does not happen again and that people need to stand up and make the right decisions.

"And make decisions irrespective of whether they are concerned that they will lose their jobs?' said the counsel, and the Minister agreed.

Law

The counsel to him whether he thought public servants need to follow the directions of the ministers at all times? He said according to the law.

"So if a public servant advises you that a decision that you propose to make will breach the law, will you follow the decision or not follow the decision?"

He said no, he would follow the law at all times.

he also said he did not know why Commander Lupeti Vi was asked to take three months' leave by the Prime Minister.

He said that the Transport Department would be interested to some extent in the Ports Authority but they don't want to interfere with the responsibility of the Port Authority.

Political

The Minister said he did understand that it is an offence to send a ship to sea that is unseaworthy; and confirmed that he had known this since taking office in August 2009.

He agreed that if a ship is unseaworthy, it should not be allowed to sail under any circumstances.

He denied that in relation to Pulupak that decisions had been made for political reasons rather than in the interest of the safety of people.

Attorney General

The Attorney General John Cauchi, in his examination of the Minister sought clarification that in fact on the Cabinet meeting of December 22, 2009 the Acting Attorney General 'Aminiasi Kefu was not present nor was he asked to attend the meeting.

The Minister confirmed that the Acting Attorney General was not present and he was not asked to attend the meeting becasue he was abroad.