Matangi Tonga
Published on Matangi Tonga (https://matangitonga.to)

Home > Ashika trials to start in early 2011

Ashika trials to start in early 2011 [1]

Nuku'alofa, Tonga

Friday, October 8, 2010 - 21:38.  Updated on Monday, September 9, 2013 - 18:40.

TWO separate trials will be held in February and March 2011, for four persons and the Shipping Corporation of Polynesia Ltd who are each charged with manslaughter by negligence over the death of a young mother, Vae Fetu'u Taufa, in the sinking of the MV Princess Ashika last year

First up is a jury trial of three persons including SCP Managing Director John Jonesse, the Ashika Captain Makahokovalu Tuputupu and First Mate Semisi Pomale, starting on February 7, 2011 before Justice Shuster.

A separate trial before a judge alone would then follow after the completion of the jury trial in March 2011 for the remaining two accused, the Shipping Corporation of Polynesia Ltd and Acting Director of Marine, Viliami Tu'ipulotu, who elected to be tried by judge alone. Chief Justice Michael Scott, will hear the trial starting a week after the completion of the jury trial and expected to run for a month.

In a pre-trial conference held this morning before Justice Shuster in chambers, the date of the jury trial was confirmed for February and is expected to run for a month.

Crown Counsel Sione Sisifa said that another pre trial conference would be held on January 24, 2011 to reconfirm the trial date for t February 7, 2011.

The Crown would be presenting their evidence twice, both at the jury trial and that in the judge alone trial.

The five accused who are charged with over 40 offences had initially pleaded not guilty to all charges on September 8.

Additional Charges

Captain Makahokovalu Tuputupu and the SCP have been similarly 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 was represented by Peau Pifeleti; with Laki Niu for John Jonesse, and Sifa Tu'utafaiva for the Ashika Captain and first mate.

From the Courts [2]

Source URL:https://matangitonga.to/2010/10/08/ashika-trials-start-early-2011

Links
[1] https://matangitonga.to/2010/10/08/ashika-trials-start-early-2011 [2] https://matangitonga.to/topic/courts?page=1