1 Apr 2011

Call for Ashika prosecutions net to be spread wider

10:01 pm on 1 April 2011

The sister of a woman who died in Tonga's Princess Ashika disaster says former prime minister Fred Sevele and former transport minister Paul Karalus should also be prosecuted.

Four men have been found guilty of 30 charges, including manslaughter by negligence, in relation to the 2009 sinking of the ferry, in which 74 people drowned. They have been remanded in custody for sentencing on Monday.

Tasha Sulaki's sister, her sister's husband and two of their children died in the sinking. She says the former government is to blame for the disaster and should also be prosecuted.

Radio New Zealand International also reports that within minutes of the verdict being delivered on Friday morning, people began complaining that the men convicted are minnows, and that more senior people in Tonga's government and administration should be charged.

Police commissioner Chris Kelley has indicated, however, that there is insufficient evidence at this stage to charge anyone else.

He says some of those interviewed in the course of the investigation found it difficult to answer questions but police did receive cooperation from government ministers and departments.

And Nalui Kiriui, the body of whose aunt, Vaefetu'u Mahe, was one of only two recovered, says that while her family blames the Ashika's crew for the sinking, they are happy with the verdict and it will help them recover.

Sorry saga of unseaworthy vessel

The four convicted were John Jonesse, the New Zealander who was chief executive of the Shipping Corporation of Polynesia; the Ashika's captain, Maka Tuputupu; its first mate, Semisi Pomale; and a former director of the Tongan ministry of transport, Viliami Tu'ipulotu.

The 30 charges on which they were found guilty included one charge each of manslaughter by negligence in relation to the death of Vaefetu'u Mahe, whose body was one of only two recovered after the sinking.

The corporation was also charged.

The trial, which began on 11 February, was the biggest in Tongan history - so big that it had to be held in the Parliament building to accommodate the public and the media.

The evidence presented by 31 witnesses for the prosecution told the sorry saga of a dilapidated vessel that was not seaworthy and should never have been allowed to set sail.

Family members cried at verdicts

A seven-person panel of assessors announced their verdicts after just over a day of deliberations. A reporter for the Tonga Taimi newspaper, Sia Adams, says members of the accused's families cried as the verdicts were read out.

Ms Adams reports that none of the families of those who drowned in the disaster were present in court.

Tonga's solicitor-general, Aminiasi Kefu, who led the prosecution case, told a Radio New Zealand International reporter covering the trial that the four are likely to face prison terms.

The maximum sentence in Tonga for someone convicted of manslaughter by negligence is 10 years. The shipping company is likely to be fined.

Captain does not accept verdict

Tuputupu's lawyer, Sifa Tuutafaiva, says his client does not accept his guilty verdict, but his family is still considering whether to appeal.

Mr Tuutafaiva says Captain Tuputupu and the rest of the crew did not believe the Ashika would sink.

He says the skipper reported concerns he had to the supervisor of the shipping company's workshop, which was the proper line of command.

At least two of the defendants, including Jonesse, plan to appeal.