The former Minister of Transport Paul Karalus (61) told the Royal Commission of Inquiry into the sinking of the MV Ashika today that during his time as Minister his understanding was that the power to detain an unseaworthy ship from sea was of the Director of Marine, and he, on the other hand, would just support it.

The inquiry raised the issue that the law, however, clearly stated that he as Minister had the power to detain unseaworthy ships.

The former Minister who gave evidence for the first time on February 24 gave some lengthy answers to questions put to him by Counsel Assisting Manuel Varitimos.

When the counsel assisting asked him whether he was not aware that since 1994 the Shipping Act effectively provided that when a ship was unseaworthy, the Minister may issue a Certificate of Provisional Detention and detain it.

"Were you not aware of that during the time you were the Minister?" the counsel asked, and the former Minister answered, no.

He said his understanding was the detention was issued by the Head of Marine and he would then advise him that a vessel was unseaworthy, and he as Minister would fully support his decision because the other has the technical maritime expertise whereas he does not.

"So if the expert told you that a particular ship was unseaworthy you would accept it should be detained?" asked the counsel.

The former Minister agreed and asserted that he knew during his time in office that it was unlawful to send an unseaworthy ship to sea.

At the same he agreed with a submission that it was of important consideration that an unseaworthy ships should not be allowed and that as a Minister of Transport he had a duty to ensure that.

"So as you understood it, you didn't have the power to issue a certificate of detention but that the Director of Marine and Ports had powers," said the counsel; and the former Minister agreed.

Power to detain vessel

The counsel put to him whether no one ever told him as the Minister that he in fact had the power to effectively issue a Certificate of Provisional Detention. The former Minister said, no.

"But I suggest to you that the power to detain a vessel was given to you when you were the Minister of Transport. And at the end of the day, as Minister, you always knew that, firstly, vessels which were unseaworthy should not be sent to sea; and that you always had power to detain vessels, which were unseaworthy, from being sent to sea."

The former minister said, yes, but that the power was assigned to someone who had technical competency and he had none as he came from a civil aviation background.

"Well, did you ever issue a Certificate of Provisional Detention as Minister," said the counsel.

The former Minister said no, and there were vessels detained but it was done by the former Director of Marine, Bill Johnson.

He accepted that as an important part of his ministerial

function he was required to ensure there was a safe, secure and ample transport infrastructure for Tonga's transport system.

Resignation

The counsel put to him that he, after the tragic sinking, promptly resigned on August 10, 2009, the former Minister said, yes.

"So you organised for Mr Eno to come from New Zealand and investigate the matter after the disaster?" said the counsel Varitimos, and pointed out that under the Shipping Act the Minister is empowered to actually call an inquiry.

"And that is what was done, and done immediately," said the former Minister.

"And you saw this as important in terms of trying to ascertain the

truth," said the counsel, and the former minister answered, "most definitely."

He understood his role as Minister was a leader of his ministry he represented the plans and concerns of the ministry to Cabinet.

Unseaworthy

The former Minister claimed to have only seen the list of Deficiencies issued in July 2009, by the Marine Department under the Ministry of Transport after Ashika sank on August 5.

He agreed with the counsel's submission that the vessel was beyond repair and accepted that in July 2009 the deficiency list had determined that the Ashika vessel was clearly unseaworthy.

"In no way was the vessel seaworthy on August 5," said the counsel, and the former Minister agreed, and asserted to the inquiry he was not aware at the time that it was unseaworthy.

The former Minister agreed that the Acting Director of Marine Viliami Tu'ipulotu signed the deficiency list for the Ashika at the same time signed a Certificate of Seaworthiness for the vessel.

He told the inquiry that Tu'ipulotu should never have signed it and he had no good reason to do so.

Hard drive erased

The former Minister confirmed the inquiry that by the time his Ministerial laptop was produced upon summons to the commission the hard drive of his Ministerial laptop had already been erased.

The former Minister, who provided to the inquiry a CD consisting of data on his computer a few weeks ago, asserted that everything relevant was all there. And said it was not intentional for the hard drive to be erased.

The inquiry was told that after his resignation the former Minister took the Ministerial laptop home because he had vital information in it and he wanted to copy his files.

He said he gave it to his nephew to copy the files onto his PC computer at home, but then in that process he erased the hard drive.

The counsel put to him, that it was prudent that these email correspondences obtained from his laptop was provided last year, he said yes, but the delay was that he wanted to separate his personal emails from his Ministerial emails. And also he was weary that when the laptop was returned to the Ministry someone who might have a malicious intent might tamper with it because it had vital data.

Jonesse

The former Minister then confirmed that he first came into contact with SCP Managing Director John Jonesse back in 2005 in Tonga. He could not recall how Jonesse contacted him but said Jonesse was proposing the planting of some particular beans.

He said from 2005 up to April 2007 when Jonesse was appointed as Shipping Corporation CEO he had only met him three times and asserted that he had no idea that he was applying for the CEO job at the time.

The former Minister appears tomorrow to continue his evidence. It is expected that Lord Dalgety would continue his evidence on Friday, February 26.