5 years jail for Jonesse and $2 million fine for SCP in "horrific" ferry operation [1]
Monday, April 4, 2011 - 17:26. Updated on Wednesday, September 11, 2013 - 10:06.
A total of $2 million in fines was today imposed on the ferry operator, Shipping Corporation of Polynesia, while its former Managing Director John Jonesse (62) was sent to Hu'atolitoli Prison for five years, along with the Captain and First Mate serving lesser jail terms for convictions on charges relating to the sinking of the MV Princess Ashika in August 2009 with the loss of 74 lives.
"I accept you have no shipping experience, I accept you are a management person but, frankly, you led a shambles of an organization," Mr Justice Shuster told Jonesse, a New Zealander, in sentencing him and three other men this afternoon, in the Nuku'alofa Supreme Court. "It's common sense if you get on a vessel that is rusted and corroded that when it sails on rough seas there would be risk. You are the one person who showed no remorse and no explanation," said Justice Shuster.
In fining the government-owned SCP, Mr Justice Schuster found it horrific that people on the MV Princess Ashika did not know where the life jackets were or where the muster station was located in cases of emergency. "That is a disgrace and it is utterly disgraceful," said Mr Justice Schuster.
He sentenced Jonesse to five years imprisonment at Hu'atolitoli with no suspension whatsoever, on eight counts, including one of manslaughter by negligence, five counts of sending an unseaworthy ship to sea, forgery, and knowingly dealing with a forged document in relation to an Audit Report by David Shaw.
The ferry operator the Shipping Corporation of Polynesia was fined $1 million pa'anga on a count of manslaughter by negligence, and another $200,000 on each of five counts of sending an unseaworthy ship to sea charge, resulting in fines totalling $2 million. Mr Justice Schuster also ruled that $20,000 of this money is to be paid to set up a scholarship for the Tonga Maritime College for the highest ranking student in safety studies in regards to vessels. "This is for Tonga to change its safety standard." The scholarship is to last for 10 years at $2000 per year.
The judge also ordered that $20,000 was to be donated to the Women and Children's Crisis Centre in memory of the women who died in the Ashika. The SCP is required to pay the amount within 30 days.
Suspended sentences
Along with the ferry operator, four men collectively faced 27 charges including sending and taking an unseaworthy ship to sea in regards to the Ashika's five voyages, with one similar count of manslaughter by negligence in relation to the death of Vaefetu'u Mahe (22) whose body was one of only two recovered after the sinking of vessel on August 5, 2009 in which 74 passengers and crew were lost, including all the women and children on board.
Three other men convicted of manslaughter by negligence and other charges related to sending an unseaworthy ship to sea were also sentenced to imprisonment terms, with part or all of the sentence suspended.
Captain Viliami Makahokvalu Tuputupu was sentenced to four years imprisonment, with suspension for three and half years, meaning he will serve only six months for six counts, including one of manslaughter by negligence and five counts of taking an unseaworthy ship to sea. Justice Shuster told the captain that he had an impeccable career. "You were off duty and you were called out at night but it was grossly late around 11:30pm. You probably did your best to save the ship," he said. "You admitted to the police in your record of interview that you knew the vessel was unseaworthy and you said it was because of the design . . .Today you admitted personal responsibility and you apologised."
Justice Shuster told the captain that he would have this on his conscience for the rest of his life. "And your counsel Sifa Tu'utafaiva rightly submitted that you would unlikely become a captain of a ship again," he said.
First Mate
First mate Semisi Pomale was sentenced to five years imprisonment with suspension for three and a half years, which means he will serve 18 months on one count of manslaughter by negligence. Justice Shuster said the first mate took over as captain of the Ashika from 8pm to 12pm on August 5, 2009 but "you saw fit to appoint a steward and went to sleep outside on the bridge." Justice Shuster said his allegation is that he did not do his job, "Why on earth did you not wake the captain? Your action is the second most gullible to SCP jointly with Jonesse because you did absolutely nothing," he added. However today Pomlae had through his counsel apologised. "But you put the captain in a position that he could not do much," said the judge.
Marine director
Former Acting Director of Marine Viliami Tu'ipulotu was sentenced to three years imprisonment with suspension of the whole sentence, on six counts, including one of manslaughter by negligence and five counts of sending an unseaworthy ship to sea.
Justice Shuster told Tu'ipulotu the fact that he was new to the Acting Director job as he said, this morning, was irrelevant in the eyes of the law. "If you did not know what you were doing you should have asked but you did not." No doubt he was a trusted public servant as he was appointed to the temporary position but, "You should have never signed the Provisional Certificate of Survey," he said. "I have great sympathy as you served Tonga well. You have an unblemished record and you probably have lost your job with the government and your right to pension. You have suffered enough", said Justice Shuster.
The convicted men are entitled to appeal their sentences within 42 days.
The courthouse was full for today's sentencing at the end of a trial that ran for seven weeks. A seven member jury on Friday found the four men guilty on all charges.
During the trial, witnesses told the court of leaking water below the Ashika decks hours before the vessel sank and of surging water in the cargo hold. The jury viewed photographs showing the Ashika full of holes and heavily rusted when it arrived in Tonga a month before it sank, and they learned from maritime experts that the vessel was not suitable to sail on Tonga's open seas. While a brother of victim Vaefetu'u Mahe (22) wept in court as he recalled the tragedy.
The 47m long, 677 tonne ferry was owned by the Government of Tonga with the Shipping Corporation of Polynesia Ltd as the agent. The vessel could accommodate 18 crew and 350 passengers.