Jury trial for Ashika accused begins next month [1]
Monday, January 17, 2011 - 19:00. Updated on Monday, September 9, 2013 - 18:40.
THE Ashika manslaughter trials are set to begin in the Nuku'alofa Supreme Court on February 7, before Justice Robert Schuster.
Four persons and the Shipping Corporation of Polynesia Ltd, are each charged with manslaughter by negligence over the death of a young mother, Vae Fetu'u Taufa and other charges in the sinking of the MV Princess Ashika in 2009.
The trial date was confirmed at a pre trial conference held this afternoon.
Crown Counsel Sione Sisifa said the jury trial for all five accused was expected to run for at least a month. The Crown would call up to 30 witnesses to give evidence.
Counsel for the defence had confirmed they were ready to proceed with the trial next month.
Jury
Sione said the Shipping Corporation of Polynesia Ltd and Acting Director of Marine, Viliami Tu'ipulotu, had now chosen a jury trial, after initially electing to be tried by Judge alone.
The other three accused including SCP Managing Director John Jonesse, the Ashika Captain Makahokovalu Tuputupu and First Mate Semisi Pomale had all elected to be tried by a jury.
The five accused who are charged with over 40 offences had initially pleaded not guilty to all charges on September 8, 2010.
Additional Charges
Captain Makahokovalu Tuputupu and the SCP were charged with over 10 counts additional counts each apart from the manslaughter charge. Five counts each for sending and taking an unseaworthy ship to sea; for not having a valid safety certificate; for having no loadline certificate and for not having stability information in relation to all five voyages of the ferry.
John Jonesse is charged with eight counts of manslaughter by negligence, forgery in relation to an Audit Report by David Shaw dated April 2009, knowingly dealing with a forged document and five counts of sending an unseaworthy ship to sea.
Viliami Tu'ipulotu is charged with six counts of manslaughter by negligence and five counts of sending an unseaworthy ship to sea.
First mate Semisi Pomale is charged with one count of manslaughter by negligence.
Viliami Tu'ipulotu is represented by Peau Pifeleti; with Laki Niu for John Jonesse, and Sifa Tu'utafaiva for the Ashika Captain and the first mate.