A 22-year-old man from Ovaka was found guilty on the charge of manslaughter by negligence over the death of a 15-year-old girl from Ha'alaufuli who died after drowning when the small fishing vessel she was on sank on its way from Neiafu to Ovaka Island, on 11 August 2010.

Palelei Hiehiapo (22), the skipper of the small fishing vessel 'Anakea', had pleaded not guilty to the charge.

A trial before Chief Justice Michael Dishington Scott held last week at the Vava'u Supreme Court in Neiafu found him guilty of manslaughter by negligence.

Chief Justice Scott sentenced Hiehiapo to two years imprisonment and suspended the whole two years term for two years after considering various factors such as being a first time offender and that he had apologised to the young victim's family.

Negligent

Crown Prosecutor Semisi Lutui said the skipper of the vessel was extremely negligent in that he allowed too many passengers to travel on the boat.

The judge told Hiehiapo that he was in charge and he had the responsibility to instruct people to get off the boat when he saw there were too many. He knew the risk of having too many passengers on board yet he ignored it and took the risk, which resulted in the young victim's death.

The small fishing vessel loaded with a funeral party sank on its way from Neiafu to Ovaka Island. Police reported that 'Anakea' sank 40 meters from the eastern coastline of Matamaka on the tip of Nuapapu Island at 5pm on August 11, 2010.

A total of 39 passengers were onboard the 28 to 30 feet fishing vessel. All but one of the passengers made it safely to shore but the body of a 15-year-old girl was taken from the water. Fellow passengers were unable to revive her.

Police had named the deceased, as Sitefini Polutele a student at Vava'u High School, who was traveling with her aunt and others from Ha'alaufuli.

The Chief Justice Court is currently in Vava'u to preside over court cases since last week. He returns to Nuku'alofa at the end of the week.