FEATURE: Tongan ferry disaster inquiry

The Tongan Royal Commission hearing testimony on the sinking of the MV Princess Ashika has gathered more than 2,000 pages of testimony. Panelists have heard from survivors, ship workers and those in charge of purchasing and maintaining the vessel, which sank in August, taking 74 lives.

Campbell Cooney, Pacific correspondent

Last Updated: Tue, 1 Dec 2009 13:46:00 +1100

The Tongan Royal Commission investigating the sinking of the ferry, the MV Princess Ashika, has recessed after more than two weeks of testimony in Nuku'alofa.

The panel is looking into the disaster that killed 74 people when the ferry sank in August on an inter-island journey.

It's expected to release a preliminary report at the end of this month, before resuming in December.

After 17 days of testimony, the panel heard from numerous witnesses and generated nearly 2,000 pages of testimony, including that of New Zealander John Jonesse, who ran the shipping company that operated the ferry.

Mr Jonesse was suspended from his role as managing director of the Tongan Government-owned Shipping Corporation of Polynesia, admitted repairs were not performed on the Princess Ashika before its final voyage.

Mr Jonesse also admitted that prior to his appointment, he had no professional experience in the shipping industry.

The following are excerpts of testimony from Mr Jonesse, and others familiar with the condition of the ferry, who have been questioned by inquiry counsel Malcolm Varitimos.

Advanced corrosion

Manase Katoa is a fitter and welder who worked on the MV Princess Ashika in Tonga. On questioning by Mr Varitimos, he said he was surprised by the amount of corrosion the first time he saw the Princess Ashika.

Mr Katoa told the inquiry: "Because of the advanced state of corrosion on the boat I felt that it shouldn't be used here in Tonga."

He added, "We could see the corrosion even from the wharf and climbing on board, going on board, we could see the corrosion right from the top of the mast down to the deck and also the sides of the boat."

Asked how difficult it would be to make a hole through either side of the boat, he answered: "We had an instrument for chipping away of the corrosion and one could, at places on the sides of the boat, one could poke this instrument right through the side."

He further stated that in some portions of the hull, corrosion was so advance that it had fallen off and only paint remained. He said the it would be easy for a person to push a pen through the side of the vessel, or have a child of as young as five or six kick a hole in the side of the boat.

'Truly unseaworthy'

Lou Pale, a Senior Marine Officer with Tonga's Ministry of Transport, was involved with the marine survey of the Princess Ashika to ascertain its seaworthiness.

Mr Pale told the Royal Commission he did not sign any seaworthiness certification, and that a signature which appears on such a certificate, purporting to be his, is a forgery.

During the inquiry, Mr Varitimos referred to a statement Mr Pale made in a July survey report of the ferry that was highly critical.

Mr Varitimos asked Mr Pale to confirm his view, stated in July, "that you could not ignore the fact that the vessel was truly unseaworthy?"

"That is correct," Mr Pale replied.

"And has anything come to your attention since 1 and 2 July this year which would cause you to change your mind on that opinion?" Mr Varitimos asked.

"No, sir," Mr Pale said.

No experience

A large part of the attention of the Royal Commission has focused on the Princess Ashika's operators, The Shipping Corporation of Polynesia, which is owned by Tonga's Government.

The Commission has been especially interested in the Mr Jonesse, the corporation's suspended managing director at the time of the disaster, who says he believed the ferry was seaworthy and in good condition when it sank.

Mr Jonesse was also questioned about his experience in valuing ships, and also in who was involved in the purchase.

Mr Varitimos asked him: "Is it the case that up until the time that you accepted the position as CEO of Shipping Corporation in April 2007 you had no shipping experience whatsoever, you agree with that?"

"That's correct," Mr Jonesse said.

Mr Varitimos asked whether Mr Jonesse had "any experience in valuing vessels?"

"No, of course not, sir," Mr Jonesse said. "I was just gathering data that was available."

Also under questioning, Mr Jonesse admitted he was the only person from Tonga to visit Fiji to examine the Princess Ashika before it was purchased, and that no one from Tonga's Transport Department inspected the ferry before it was purchased.

But, when Mr Varitimos said, "I suggest to you that you were aware by 5 August 2009 that MV Princess Ashika was not seaworthy," Mr Jonesse disagreed.

"No," he said.

"The vessel was carrying a correct survey certificate and work was being carried out consistent with the requirements of Marine and Ports."

Mr Varitimos continued: "So are you maintaining that this vessel, MV Princess Ashika, was seaworthy when it left port on 5 August 2009?"

"Yes, sir. according to its certificate, sir, and according to the crew members," Mr Jonesse replied.

Mr Jonesse's testimony came to an abrupt halt after the Shipping Corporation announced he had been suspended, and would need his own representation.

He is expected to reappear before the commission at a later date.

Survivors testify

Crew and passengers who were on board the Princess Ashika when it sank have also testified.

Tongia Lemoto described the scene on the ferry's cargo deck: "As I looked down into the hold, there was a vehicle, a motor car, inside - in the ramp - and there was pieces of timber that was stacked against the wheel of the vehicle. And the sea was able to displace the timber that was placed against the wheels."

Mr Lemoto also gave evidence about emergency procedures on board the ferry as it began to sink.

"Were you or any other person on Ashika given any information as to emergency procedures?" Mr Varitimos asked.

"No, sir," Mr Lemoto said.

"Were you or any other person told where there would be a mustering position or location?" Mr Varitimos asked.

"No, sir," Mr Lemoto said.

"Were you or any other person on Ashika, to your knowledge, on 5 August 2009 advised where life jackets or life rafts were kept?" Mr Varitimos asked.

"No, sir," Mr Lemoto said.