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, four persons and the Shipping Corporation of Polynesia Ltd. appeared before Magistrate Paula Tatafu at the Fasi Magistrate's Court this morning.

It was the first court appearance of those charged with offences relating to the sinking of the MV Princess Ashika, the worst Tongan sea tragedy in 40 years.

Vae (21) was one of the 74 people who lost their lives when the ferry operated by the SCP sank in deep Ha'apai waters on the night of August 5.

Talifolau Kolopeaua appeared in court for the SCP, with the other four accused, the SCP Managing Director, John Jonesse; the MV Ashika's Captain, Makahokovalu Tuputupu; the Acting Director of Marine, Viliami Tu'ipulotu; and First Mate, Semisi Pomale.

The five accused, who are charged with manslaughter by negligence, are also charged with other offences under the Shipping Act.

Five voyages

John Jonesse, Makahokovalu Tuputupu, Semisi Pomale and the Shipping Corporation have been charged with an additional five counts each for sending an unseaworthy ship to sea; for not having valid safety certificate; for having no loadline certificate; for having no deck line and load line certificate, and for not having stability information. The Princess Ashika made five voyages before it sank, so the four accused were charged five times for the five counts.

Viliami Tu'ipulotu is charged with manslaughter by negligence and five counts of sending an unseaworthy ship to sea.

Crown Prosecutor Sione Sisifa told the Magistrate that three of the accused, Captain Makahokovalu Tuputupu, John Jonesse and Semisi Pomale had agreed to submit their case for trial in the Supreme Court.

Viliami Tu'ipulotu elected that his case be tried in a Preliminary Inquiry at the Magistrate's Court. But by doing so, his counsel, Fatai Vaihu withdrew from representing him because the inquiry would take at least two months and she had other court commitments.

At the same time Talifolau Kolopeaua, the representative of the SCP did not have a legal counsel.

The magistrate, Paula Tatafu, adjourned the court to 2:00 pm, to allow the two parties to sort out the matter of legal representation. When the court resumed after lunch Viliami Tu'ipulotu applied for at least three months to find a counsel.

Crown Prosecutor Sione Sisifa submitted this was unwise as the accused had been given ample time to find legal representation and now the people of Tonga were eagerly waiting for the trial to begin.

Adjourned

Magistrate Tatafu then ruled that all cases be adjourned to Wednesday, July 28 when the three cases of Captain Makahokovalu Tuputupu, John Jonesse and Semisi Pomale Crown should be submitted to the Supreme Court. He should then make a decision on the cases against the SCP and Viliami Tu'ipulotu.