Tevita Motulalo
NUKU'ALOFA: New Zealander John Jonesse, former managing director of Tonga's Shipping Corporation of Polynesia, has been sentenced to 5 years in prison, two other men have been jailed and one man walked free over the deaths of 74 people in the 2009 Princess Ashika ferry disaster.
The Acting Chief Justice, Justice Robert Schuster, sentenced Jonesse together with the other defendants at the conclusion of a special trial conducted at Parliament building in the capital of Nuku‘alofa related to the certification and operation of the ill-fated vessel.
Jonesse was imprisoned for manslaughter by negligence, sending an unseaworthy ship to sea on five occasions, forgery and knowingly using a falsified document. His sentence could have been up to 10 years.
Shipmaster Makahokovalu Tuputupu was jailed for 4 years for manslaughter by negligence, taking an unseaworthy vessel to sea, but as he had pleaded guilty the judge reduced his sentence to six months.
The judge made an allowance in the skipper's case because he was “rightly” asleep.
First mate Semisi Pomale was given a 5-year jail term, reduced to 18 months' imprisonment.
The Acting Director at the time of Marines Division of the Ministry of Transport, Viliami Tu’ipulotu, was given a three-year suspended jail term.
The Shipping Corporation of Polynesia was fined more than 2.2 million pa‘anga ($NZ1.6 million) with directions from the judge on where the money would be paid.
Walked free
Tu‘ipulotu was the only defendant to walk free after the trial.
Justice Schuster noted he might be criticised for such a ruling, but added: “I am independent."
Jonesse, Pomale, and Tuputupu were escorted to the police station for transfer to Hu‘atolitoli Prison.
Justice Schuster declared initially that he was thinking of 7 years imprisonment for all defendants, but afterwards allowed counsel to address over mitigation.
He also recalled the investigation and rulings regarding a similar case in England- the sinking of Harold of Free Enterprise in 1987, where a court found that the operators and directors “had no proper comprehension of their duties,” and that operation was infected from top to bottom with a disease of sloppiness and staggering complacency.
Counsel set out to plead the innocence of their clients.
After reading out his ruling, the judge appealed to the public and operators for greater care in undertaking responsibilities - especially in conscious preparedness for disasters such as the Princess Ashika’s sinking- even to showing passengers their muster stations and demonstrating how to use a life jacket.
“Like one gets on an Air New Zealand flight or a Chatham [Islands ferry],” he said.
The Princess Ashika sank at 11.55pm on the morning of Thursday, 5 August 2009, killing 74 people. Only 2 bodies were recovered.
All women and children perished as they were sleeping on lower decks. - Pacific Media Watch/Pacific Scoop/Taimi Media Network
Pacific Media Watch
