Ashika would not have left Fiji if due diligence was conducted [1]
Monday, February 8, 2010 - 21:00. Updated on Friday, May 9, 2014 - 20:34.
Due diligence is the normal process prior to the purchasing of anything, the Manager of the Regional Maritime Program of the Secretariat of the Pacific Community (SPC) Captain John Hogan told the Royal Commission of Inquiry into the sinking of the Ashika, at the Fa'onelua Convention Center this afternoon, February 8.
At the same time he agreed, by looking at the deficiency list and photos of the Ashika, that it was clearly unseaworthy.
The witness, who has an extensive maritime experience in the region was questioned by the Assisting Counsel to Commission Manuel Varitimos and shown the deficiency list including photographs of the sunken Ashika.
Counsel Varitimos suggested that by seeing deficiency list it was clear that the vessel was unseaworthy, and the witness agreed.
He also agreed that photos also demonstrated the vessel as unseaworthy.
The counsel put to him that the Acting Director of Marine Viliami Tu'ipulotu on July 2, 2009 after signing an extensive deficiency list for the Ashika on the same day certified it was seaworthy.
"Do you agree that it is incomprehensible how a person, a Director could sign a deficiency list and on the same day that he certified it as seaworthy," said the counsel?
The witness agreed that it was.
The witness also agreed with the counsel's submission that the Acting Director had a great responsibility to protect the safety of passengers on ships and regulate the industry; and also needs to be independent, to stand up to pressure and authority,
Due Diligence
The witness said he had read the transcripts of the hearing and he knew there were no lifejackets given to passengers on the Ashika. At the same time he agreed that as part of good governance that due diligence should have been conducted prior to the purchase of the vessel.
He also agreed with the counsel's submission that due diligence should have consisted of an independent survey, evaluation of that process, an independent valuation of vessel, and looking at certificates.
The witness also accepted that the operator and owner of a vessel should look at documentation prior to purchase.
"And do you now agree that the Ashika was a disaster waiting to happen?" said the counsel.
The witness said he was aware of that now.
Counsel Varitimos put to him that if proper due diligence was conducted with documents obtained from the Fiji Islands Maritime Safety Administration office the Ashika would not have left Fiji as it would require port clearance from Fiji for it to lawfully leave. The witness agreed.
Replacement
Captain Hogan agreed that no one had contacted him or SPC in relation to the replacement vessel for the Olovaha. He said that if they were asked for surveyors, SPC would have provided a number of competent surveyors to survey the Ashika.
He was asked whether he had any correspondence with the former Minister of Transport Paul Karalus on the replacement vessel, he there was a brief reference to a replacement ferry by Karalus in May last year during a Regional Maritime Meeting hosted by Tonga.
The witness, however, confirmed that SPC was then contacted by the Tonga Transport for help in the search for a charter (interim) vessel in October last year. He said two vessels based in Fiji were suggested, but he does not know of the result.
Audits
The SPC also conducted audits of the Tonga Maritime Polytechnic Institute last year.
The witness accepted that the audit showed there was flaw in the system and administration at the institute hence explained that the auditing regime was to monitor compliance with international regulations.
The audit identified that a number of systems needed to be corrected, lack of resources, drainage of maritime experts to overseas countries and modules had not been updated for the past 10 years.
It is for that particular Government to advise the International Maritime Organisation IMO in which Tonga is a signatory of, if it is complying with its regulations or not. IMO is based in London and is aimed at developing safety and regulations of ships, he said.