Ashika defendants choose to remain silent in trial [1]
Friday, March 18, 2011 - 07:08. Updated on Wednesday, September 11, 2013 - 10:06.
AFTER the Crown Prosecution closed its case, calling its final witness around noon on March 16, the counsel for the five defendants in the Ashika trial elected that their clients would remain silent.
The defendants would not give evidence and would not call any witnesses on their behalf, the Supreme Court in Nuku'alofa was told.
Four persons and the Shipping Corporation of Polynesia Ltd are charged in relation to the sinking of the MV Princess Ashika on August 5, 2009. They collectively face 30 counts including one charge each of manslaughter by negligence in relation to the death of Vaefetu'u Mahe (22).
Vaefetu'u's body was one of only two that were recovered after the ferry sank with the loss of 74 lives on the night of August 5, 2009.
The five counsel representing the four accused, Vuna Fa'otusia for the Shipping Corporation of Polynesia Ltd, Laki Niu for former Managing Director John Jonesse, Peau Pifeleti for Acting Director of Marine Viliami Tu'ipulotu, Sifa Tu'utafaiva for the Ashika captain Makahokovalu Tuputupu and 'Ofa Pouono for First Mate Semisi Pomale, all told Justice Robert Shuster that they would not give evidence nor would they be calling any witnesses.
The Crown Prosecution closed their case after calling its final and 29th witness Tongan Marine Surveyor, Lisiate Vuni Latu, on March 16.
Right to remain silent
Justice Shuster in advising the defendants of their legal rights, said the onus of proof is on the Crown to prove the case against them beyond reasonable doubt.
The defendants have the right by law to choose whether they wanted to give evidence, remain silent or to make an unsworn statement but they would not be asked any questions.
Justice Shuster then asked each defendant and representing counsels whether they understood their right.
All defendants understood and elected to remain silent.
The trial was adjourned to Monday, March 21 for the six counsel to begin their closing arguments.
300 pages
Justice Shuster expected to make his final summing up of the case either on Friday, March 25 or on Monday, March 28 and said he would require two days to do so, since he has over 300 pages of notes from the lengthy trial.
After that the jurors would begin their deliberation on a verdict.
The trial began on February 7 with the selection of a first jury of seven people that was later discharged after one male member was discovered to have a criminal record.
A second jury was selected on February 11 and the Crown called its first witness on February 14.
The trial has been sitting consistently for over three weeks up until March 16 when the Crown closed its case.
Crown Prosecutors are 'Aminiasi Kefu, Sione Sisifa and Semisi Lutui.