THE counsel for Acting Director of Marine Viliami Tu'ipulotu argued on March 22 that his client signed the Provisional Certificate of Survey dated July 3, 2009 allowing the vessel to sail, because it confirmed that a survey was actually carried out on the vessel.

Peau Pifeleti who represents Viliami Tu'ipulotu in his final argument told the Supreme Court in Nuku'alofa that his client is charged with six counts of manslaughter by negligence in relation to the death of Vaefetu'u Mahe and five counts of sending an unseaworthy ship to sea.

The basis of the charges is in relation to the Provisional Certificate of Survey the defendant signed on July 3, 2009 that allowed an unseaworthy ship to go to sea.

Peau said that a vessel must be surveyed and if a survey is concluded to be seaworthy the ship is issued with a certificate and the vessel is then registered in Tonga.

He pointed out the Ashika arrived in Tonga on July 1, 2009 and when it arrived the Shipping Corporation of Polynesia Ltd wanted the vessel to be surveyed.

The survey was then carried by the Department of Marine, by three surveyors Lisiate Vuni Latu, 'Onesi Tu'ifua and Lou Pale. The defendant was the Head of the Marine Department, but he was not part of the survey.

The survey was carried out on July 2 and the work on it concluded on July 3, 2009.

Signed

Peau drew the jurors' attention to the Provisional Certificate of Survey and argued that his client signed the certificate for two reasons.

He said it was to firstly confirm that the survey was done and, secondly, to confirm the result of the survey.

The survey of the vessel resulted in a list of deficiencies and there were some that could be repaired while the vessel operated but there were deficiencies that had to be repaired before it sailed.

Peau Pifeleti pointed out that Viliami had also made handwritten comments on the document on matters raised from discussions he had with the surveyors that carried out the work. His comments identified the need to repair four main deficiencies: the ramp, scuppers and loadline, and other things.

"My client is charged for being grossly negligent in sending an unseaworthy ship to sea and that is very serious since the life of Vaefetu'u Mahe was lost," he said.

"But the question I am asking was my client negligent when signing the document was something that he should have done. I undoubtedly submit that my client was not negligent," he said.

Unseaworthy

Viliami is also charged with five different counts of sending an unseaworthy ship to sea.

Peau asked the jurors whether they had heard any evidence that his client was negligent in that he knew the vessel was unseaworthy yet he still sent it to sea.

He submitted the only evidence most of the witnesses had told the court was how corroded and rusted the Ashika was.

"My client signed the Provisional Certificate of Survey because it was something he should have done to confirm the survey of vessel was carried out.

"I submit there is no case of manslaughter by negligence and sending an unseaworthy ship to sea, against my client that is my submission," said Peau.