A TONGAN maritime expert who was shown pictures of the MV Princess Ashika vessel a few months before it arrived in Tonga on July 1 2009, told the Supreme Court in Nuku'alofa he had advised the defendant John Jonesse, that the design of the vessel was not suitable for Tongan waters.

Viliami Vaka'uta Pola Vi, currently the Chief Executive Officer of the Friendly Island Shipping Agency (FISA), was the first witness called by the Crown on Monday February 14, in a jury trial that is expected to last for a month.

In this morning's examination in chief by Crown Prosecutor 'Aminiasi Kefu, the witness told the court that on April 20, 2009 the defendant Jonesse called him at his home.

He knew Jonesse as the then Director of the Shipping Corporation of Polynesia Ltd because they had worked together when he was employed at the shipping company as a consultant from 2006 to the beginning of 2009

But at this time he was a lecturer at the Tonga Maritime Institute, commonly known in Tonga as "Fokololo".

Vaka'uta told the court he returned Jonesse phone call to see what he wanted and was told that he was seeking his opinion on a ferry that the Government of Tonga was looking at purchasing to replace the old ferry, MV Olovaha. The Ashika was brought from Fiji.

Unsuitable

He met Jonesse the following day and was shown pictures of the vessel and a list.

Vaka'uta said upon looking at a photo of the Ashika vessel given to him in a black and while print out by Jonesse: "I gave him my opinion that the vessel was not suitable, its design was not suitable for Tonga waters."

He said he pointed out to Jonesse the problems associated with the vessel and that a lot of repair work needed to be done on it before it arrived and could be operated in Tonga.

Vaka'uta explained to the Crown Prosecutor that, firstly, the vessel was designed for calm waters and not for open sea like that in Tonga because if operated in Tonga open sea the water would forever be coming into the vessel.

He told the court, that although he provided Jonesse with his advice and opinion about the vessel, he got the impression that he was still intending to purchase it.

"Despite my opinion he told still told me how good the vessel was," the witness said.

Open Ramp

The Crown provided pictures and the list to the witness and the seven jurors.

The witness identified the pictures as those that Jonesse had provided to him and on the document he had scribbled notes on his thoughts about the vessel.

On the first page was a photo of the Ashika vessel. The witness said he told Jonesse that the bow ramp needed to be watertight because it could not be closed. This was to prevent any water entering the vessel considering that it was to operate in the high open seas of Tonga.

He also identified that the vessel also needed a lot of repair work and both the bow (front) and the stern (back) ramp needed to be watertight. "Its height was very low and waves would enter right in. Therefore the ramp's height needed to be rebuilt higher so that it is fully enclosed," he added.

Vaka'uta pointed out that bow ramp for the Olovaha ferry was higher than that of the Ashika.

Stability Book

He also said that the documents shown to him by Jonesse none had any letterheads that suggested the documents he provided were official documents.

He said there was a Fiji Marine Survey dated December 2008 to 2010 but he noted in court that normal practice is that certificates for passenger vessels were issued annually.

There was also no Stability Book, which the witness explained was vital information that showed the different cargo put on the vessel and where the crew could calculate whether the vessel could still stay afloat, at the same time know the remaining weight for passengers.

He said there were many things he required to look at like certificates, surveys and the last dry-docking document so as to see what damages the vessel had encountered in the past and what repair work had been done to it.

The list of certificates and date of expiriy was also vital if there was no certificate the vessel should not have been brought over to Tonga, he said.

Vaka'uta had also circled certain areas on photos relating scuppers on the vessel whether they functioned properly. Scuppers are openings on the floor of the vessel that drains water out. They must be repaired according surveyors' satisfaction, and the load line must not be submerged, he added.

He also pointed out there was no lighting on the vessel as the Ashika was a daytime ship. If it operated in Tonga it required lights for night sailing but the engine was to be checked to ascertain whether it could provide enough power for the lights.

The witness in general pointed out the many technicalities and repair work that needed to be done on the vessel in order for it to operate safely on Tongan waters.

The witness will continue his evidence tomorrow, February 15. Vaka'uta is a highly qualified captain and shipman that has worked for shipping companies around the world and on various types of vessels. He worked for the Shipping Corporation in 2006-09 as a consultant that looked at the design of the MV 'Otuanga'ofa Tonga's new ferry servicing the outer islands, donated by Japan.

Other witnesses lined up are Marine surveyors from the Ministry of Transport, crew members and survivors.

Jonesse

Jonesse, a New Zealander, is the only one charged with forgery in relation to an Audit Report by David Shaw dated April 2009 and knowingly dealing with a forged document. He is also charged with sending an unseaworthy ship to sea.

The other three accused are Captain Makahokovalu Tuputupu, First Mate Semisi Pomale, Acting Director of Marine and Shipping Corporation of Polynesia Ltd. They are similarly charged with manslaughter by negligence over the death of Vae Fetu'u Mahe and face a total of 30 counts collectively.