Computer operator told to backdate Ashika Survey Certificate [1]
Thursday, February 11, 2010 - 22:15. Updated on Friday, May 9, 2014 - 20:37.
A Provisional Survey Certificate for the Princess Ashika prepared on July 3, 2009 was backdated to the day before, July 2, as directed by the Acting Director of Marine Viliami Tu'ipulotu to a Computer Operator at the Marine Division of the Ministry of Transport, the Royal Commission of Inquiry into the Ashika was told on February 8.
Computer Operator 'Alasiu Tupou who prepared these certificates said in evidence that prior to this particular situation she was also instructed on June 9, 2009 by Tu'ipulotu to prepare various Provisional Certificates for Ashika. She said Tu'ipulotu directed her to get the information from former Marine Director Bill Johnson even though he had no authority to give instruction, as he retired effective on June 8.
The inquiry had heard evidence in June 2009 from the former Director Bill Johnson, that he signed a Provisional Certificate on June 9 and filled out details of Ashika on the official Registration Book kept, although he was no longer the Registrar of Ships.
Counsel Assisting the Commission Manuel Varitimos put to the witness that on July 3 she was by directed by Viliami Tu'ipulotu to prepare Certificate of Survey for the Ashika and backdate it to July 2. She agreed.
"Could I suggest that it was unusual practice to backdate certificate of survey in relation to Ashika?" said Varitimos.
'Alasiu said, yes.
It was suggested to the witness that her evidence now in oath that Johnson provided the information in relation to the preparation of the certificates was contrary to her affidavit in which she stated that all certificates was based on information provided by Tu'ipulotu.
She agreed.
The counsel then referred to certificates prepared on June 9 and suggested to her that these were not prepared on this date, she said, no it was prepared on June 9.
"But why did you still leave Johnson's name on the document since he was no longer an employee? You knew that Johnson was no longer an employee?" said Varitimos. "So why was his name put on Certificate on June 9?"
The witness answered that Tu'ipulotu told her to do so.
"So you prepared a document on June 9 and were told by Tu'ipulotu to keep Johnson's name on it? Even though he knew very well he had no authority?" said Varitimos.
The witness agreed.
It was put to the witness that these seemed very odd that Johnson's name was still being put onto documents to sign as register when he was no longer the Registrar of Ships in Tonga. Varitimos submitted to the witness that what she was saying was inconsistent.
Registration book
Further evidence showed that all entries in relation to the Ashika in the Official Registration Book of Ship were filled by Johnson then signed by Tu'ipulotu. The counsel asked the witness why this situation arose?
The witness said she had no idea, and agreed that the person completing the information should sign it.
Another matter was the unsigned Provisional Certificates of Survey for the Ashika dated the same day of July 2, which varied in passenger numbers, one had 300 passengers, the other 350 and another 380 passengers.
"Why did numbers increase?" asked the counsel.
The witness said that she had no idea but asserted that Tu'ipulotu gave her the information.
The witness, who also issued receipts for registrations of ships, confirmed there was no receipt issued for the Ashika for an application for registration. But she claimed having seen one on June 9. This was the first time she brought this to the attention of the inquiry and she did not know why she had not mentioned it in her affidavit.
"You know on June 9 that in order for an application for registration of a ship a fee was to be paid?" said the counsel and the witness said, yes.
The counsel suggested to her that in fact the application for registration of the Ashika was not provided to her on June 8 or 9, but she disagreed. She denied a suggestion by counsel that she was making her evidence up.
"Can you then explain why you issued a Certificate but did not issue a receipt?" he said.
The witness said he told her he would pay the following day. "I talked to Jonesse on June 9 and he told me this one (certificate) is very urgent and that he spoke to the Minister of Transport and was aware of this."
Smiled
She also told the inquiry that prior to the Ashika sinking she had been told by Transport surveyors that the Ashika was unseaworthy. She said she was told over ten times by the Transport Surveyors that the vessel was unseaworthy, from July 1 when it first arrived to August 5 when it sank. She then confirmed that Tu'ipulotu was present during these exchanges but never said anything.
She was asked on the Acting Director's response to the surveryor's comments.
"He didn't say anything. He just smiled," she said.
"You know that Mr Tu'ipulotu is supposed to be in charge of marine
safety in this country. Did you find it a bit bizarre that he would smile to such comments?" said Varitimos.
"Don't know, sir," said 'Alasiu.