IN his record of interview conducted by the police in March 2010, defendant Semisi Pomale, the Ashika's First Mate, accepted that he was part of the negligence that led to the sinking of the MV Princess Ashika on August 5, 2009.

Giving evidence as the Crown Prosecution's 27th witness Chief Inspector 'Isimoto Vaihu told the Supreme Court in Nuku'alofa on March 15, that he had interviewed Semisi Pomale on March 24, 2010.

Pomale is charged with only one count of manslaughter by negligence in relation to the death of Vaefetu'u Mahe in the sinking of the Ashika.

The Chief Inspector read out over 90 questions that were put to the defendant as well as his answers in which he confirmed that he began his career as crew member on vessels from 2001 to August 5, 2009.

In the record of interview Pomale told the Chief Inspector that he was the first mate of the Ashika vessel and his duties were to make sure of the operations inside the vessel and to ensure that the cargo was latched tightly in the cargo area and to carry out anything that the captain directed.

Pomale said he sailed with the Ashika on all of its five voyages and he also led the Tongan crew that went and brought the vessel from Fiji.

He said he sighted Certificates of Surveys while in Fiji but they had expired. He also claimed that there was a Stability Book.

Corrosion

He was asked by the Chief Inspector about his first observation of the vessel. Semisi answered that he was wondering at the time why the Ashika was being bought to replace the former Olovaha because in his opinion the Olovaha was way better than the Ashika.

"This was because it was clear that the Ashika was old and corroded and the design was unsuitable for Tongan waters," he said in his interview.

Pomale said that when they set sailed from Fiji to Tonga the bow ramp was damaged by a wave so they returned to Fiji and welded the ramp because of the holes caused by the waves and they also freshly painted over the corrosion.

Semisi who test sailed the vessel in Fiji said the vessel sailed on calm coastal waters, not like the open high seas in Tonga.

The Chief Inspector asked him in the interview, "Upon arrival in Tonga on July 1, 2009 did you report the state of corrosion the vessel was in to the former Acting Managing Director John Jonesse?"

Pomale answered that he did not report the damages to Jonesse but he reported it to the Workshop Manager Sateki Tupou.

He also confirmed that the Ashika had to be welded everytime it returned to Nuku'alofa from all four voyages because of the holes caused by the waves during their sailing. "And even when we arrived in Tonga from Fiji, the vessel was welded due to the holes," he said.

Pomale also admitted that the crew bailed out water in every voyage to the outer islands.

Pomale was asked, "Was there anytime that you thought not to sail the Ashika because of its unseaworthiness?"

Semisi said he thought about not sailing on the last voyage because he was sick but then he was currently training with Captain Makahokovalu Tuputupu as he was to hand over the captain's reins to him because he was to go back to school in September, 2009.

During the final voyage of the vessel on August 5, 2009 it was reported to him of water in the cargo area and he went down to see it after 9pm and the water was around 1ft deep. "I then instructed one of the crew members Filipe Tau'ataina to pump out one of the balance tanks because at this stage the vessel had tilted to the right side," he said.

"At 11:00pm there was another report of water below deck so I went and woke up the captain who was sleeping at 11:10pm on that night. The captain then instructed the crew to bail out water from the cargo and I stayed inside the bridge," said Pomale.

He said in his interview it was not until around 11:30pm that he went down to the cargo area and the surging water was at 4ft deep and some cargo had started to float and the crew was trying to turn on a portable pump and bail water out.

"They did this for about 20 minutes before the vessel sank just before midnight," he told the Chief Inspector.

Warning

Pomale also confirmed there was no warning to passengers because they thought it was going to be alright.

He added there was no proper lashing for cargoes on the cargo deck as they only used a rope to tie down cargo but the rope was not attached to the floor of the cargo deck, as it should be.

The Chief Inspector also put to him whether the moving of the cargo because it was not lashed properly to the floor contributed to the sinking of the vessel; and Pomale said he believed so and agreed that was one of his responsibilities as first mate.

Pomale also agreed in his interview that if passengers were warned the first time the vessel tilted to the right it could have prevented the tragic loss of lives.

He said he felt sorry for all the people whose lives were lost in the sinking.

When the Chief Inspector then put to him that he was a part of the negligence that led to the sinking, the defendant had answered "yes".