Results for From the Courts

A total of $2 million in fines was today imposed on the ferry operator, Shipping Corporation of Polynesia, while its former Managing Director John Jonesse (62) was sent to Hu'atolitoli Prison for five years, along with the Captain and First Mate serving lesser jail terms for convictions on charges relating to the sinking of the MV Princess Ashika in August 2009 with the loss of 74 lives.

A seven-member jury in the Ashika trial retired at 3:11pm today to begin their deliberation on their verdict in a trial of the ferry operator and other four persons, including the captain and the first mate, the former Managing Director of the Shipping Corporation of Polynesia and the Acting Director of Marine.

Mr Justice Robert Shuster in his final summing up of the Ashika trial on March 29 directed jurors that "who to blame for this tragic incident" was not for their consideration because their focus must be based entirely on evidence presented in court in relation to the charges faced by the five defendants.

Defence counsel told the Ashika trial yesterday that the first mate of the MV Princess Ashika, Semisi Pomale, did his best in carrying out his duties onboard the MV Princess Ashika while he was in charge from 8pm to 12pm on August 5, 2009.

The counsel for Acting Director of Marine Viliami Tu'ipulotu argued on March 22 that his client signed the Provisional Certificate of Survey dated July 3, 2009 allowing the vessel to sail, because it confirmed that a survey was actually carried out on the vessel.

Defence counsel Laki Niu submitted to jurors in the Ashika trial that the Crown Prosecution had not provided any evidence to prove beyond reasonable doubt the eight counts against his client, John Jonesse.

The Ashika Captain Makahokovalu Tuputupu in his record of interview to the police on February 23, 2010 admitted that he knew the vessel was unsuitable to sail in Tongan waters but he still took it to sea because he relied on the surveys conducted by the country the vessel was brought from and the survey conducted by Tonga's Marine Division.

THE brother of Vaefetu'u Mahe (22) whose body was one of only two recovered after the sinking of the MV Princess Ashika in his evidence on March 10, said he identified his sister's body at the Vaiola Hospital mortuary following its recovery on August 6, 2009.

Surviving crew member Benjamin Tupou who was on watch duty on the bridge from 8pm to when the MV Princess Ashika sank just before midnight on August 5, 2009, said that he woke up at 7:40pm that night to find water inside the cabin and some of his fellow crew member were bailing it out.