A Senior Marine Engineer, Lou Pale, one of the three surveyors who surveyed the MV Princess Ashika after it arrived in Nuku'alofa from Fiji on July 2, 2009 told the Supreme Court on Wednesday, February 23 that he had never surveyed a vessel with so many deficiencies as the Ashika and the vessel was unsuitable to sail on Tongan waters.

Lou was the fourth witness to be called by the Crown. From photographs that he took when they were surveying the vessel Lou pointed out the rust, holes and advanced corrosion on the ramps and on various parts of the vessel.

He also identified that the bow ramp was not watertight and the bottom was welded through to shut it but it was not the proper method of repairing therefore they could not confirm whether it was strong enough to withstand any storm while at sea.

Cross Examination

When Lou was cross-examination by Laki Niu, the legal Counsel for the former Shipping Corporation of Polynesia SCP Managing Director John Jonesse about the identity of the surveyors. Low said that the surveyors were himself, 'Onesi Tu'ifua and Lisiate Vuni Latu and that they were all very concern about the design of the vessel, which they thought was not suitable to sail on Tongan waters.

"Did you expressed your concern in your report?" asked Laki.

"No," said Lou.

But he said they submitted a List of Deficiencies which should be fixed before the vessel was allowed to leave port.

Laki pointed out to Lou that he did not put his concern, that the vessel was unsuitable to sail in Tonga because of its shape, in their report to the Acting Director of Marine Viliami.

Lou agreed with Laki.

Lou later told the Crown Prosecutor that it was not the normal practice to include the design of the vessel on their report because their survey was on if the vessel was seaworthy.

Signature

If the surveyors' report to the Acting Director of Marine, Viliami Tu'ipulotu was considered incomplete it became its legality became in doubt after Lou told the court that another officer, Mafi signed his name for him on the report.

Lou said when he knew about his name being put down by another person he contacted the Acting Director of Marine. Mafi on the other hand confirmed he sign for Lou "because he was not present and they needed to submit the report."

Lou said he was not happy with the fact that another person signed his name for him on the report.

The trial continues on February 24, with witnesses from New Zealand including David Shaw.