A second jury of three women and four men was selected this morning February 11 to try four men and the Shipping Corporation of Polynesia Ltd who are charged with manslaughter by negligence in the sinking of the Princess Ashika ferry on August 5, 2009.

This is the second jury selection following the discharging of the first jury on February 8 after a revelation that one of the male jurors had a criminal record.

At 9:30am to avoid a collapse in the jury selection, a preliminary screening process was put in place before the seven jurors were selected, where certain questions were asked to a pool of potential jurors consisting of 100 people called from various villages in Tongatapu.

Registrar Feleti Tuita asked the questions that included whether anyone had a criminal record, which no one admitted to. They were also asked whether they were related to the defendants, had any relative who died in the sinking of the ferry, whether they had been charged with any offence pending in the Supreme Court, whether anyone had been convicted of an indictable offence, whether had any suffered any long term illness, were illiterate, had any hearing or sight impairment that could prevent them from sitting as a juror and whether anyone may not impartially sit as a juror.
whether they knew any of the defendants or had any family members who died in the Ashika or had any medical condition, as well as other questions.

Over 10 people admitted to at least one of these questions and were excused from jury selection, while the remaining continued to the jury selection.

Screening

Justice Robert Shuster in a statement to the court said that counsel had agreed for the Registrar to ask certain questions to the potential jurors and some were excused.

Justice Shuster said that the court was satisfied that those who remained were qualified for the jury selection.

The jury was then selected with only a few people challenged by the counsel and excused, by 10:30am a new jury was selected and sworn in for duty.

Evidence

Justice Shuster stressed to the jury to focus entirely on the sworn evidence in court and not to take into account any reports by the media about the case.

"The same goes for the Final Report of the Royal Commission of Inquiry into the sinking of the MV Princess Ashika because it is not admissible as evidence in the criminal proceeding."

The defendants are former SCP Managing Director John Jonesse, the Ashika Captain Makahokovalu Tuputupu, First Mate Semisi Pomale, Acting Director of Marine Viliami Tu'ipulotu and the Shipping Corporation of Polynesia Ltd. who collectively face about 30 charges.

The trial begins on Monday, February 14 with the Crown's case.