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Full transcripts are available on each day’s hearing of the Tonga’s Royal Commission of Inquiry into the Sinking of the Princess Ashika. They are publicly posted online on the Royal Commission’s website as PDF attachments. Having seen many a transcript in our time, these  are incredibly detailed, and therefore lengthy. The inquiry team are to be commended for this level of detail. It allows people ,throughout the world, to read ALL that is said in the Inquiry, firsthand.  You will have access and read the same source documents that journalists are privy to before writing their stories. All the testimonies and evidence presented in the Inquiry are detailed in the dated transcripts. The website also provides the practice notes , hearing dates and other relevant information.

Our sympathies to all the families and friends of those who perished in this tragedy.

Members of Tonga’s Royal Commission of Inquiry:

Chairman: Mr Justice Warwick Andrew.
Naval Architect: Richard Alexander James
Naval Mariner: Michael Keith Handfield

We have posted the latest transcript here for the benefit of those who may not be able to download PDF attachments. Some computers may not be set up to allow PDF attachments. Let us know if you need us to send you a link to a free PDF download.

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TRANSCRIPT OF PROCEEDINGS AT NUKU’ALOFA ON WEDNESDAY 11 NOVEMBER 2009
AT 9.30 AM (DAY 11 OF INQUIRY)

(Continued from 10/11/2009)
11/11/2009 K LOLOHEA
Nuku’alofa

CHAIRMAN: Yes?
MR VARITIMOS: Mr Chairman, Commissioners, there are a number of summonses
returnable for 9.30 am this morning where witnesses will either give some brief
evidence and be adjourned off to another date, or give brief evidence and produce
some documents. I’d firstly like to call the purser of the MV Princess Ashika on the day
that it sank, Mr – Christian name spelt K-A-L-I-O-P-E-N-A, surname, L-O-L-O-H-E-A.
KALIPENO LOLOHEA, sworn: [9.31 AM]
MR VARITIMOS: If the interpreter could come forward, please. For the record, the
interpreter’s Mr Fonua.
Could you please state your full name and spell it?
MR LOLOHEA: K-A-L-I-P-E-N-O, surname, L-O-L-O-H-E-A.
MR VARITIMOS: Mr Interpreter, could you please tell the witness he has to speak up
loud? This is not amplified – the noise.
MR LOLOHEA: K-A-L-I-P-E-N-O L-O-L-O-H-E-A.
MR VARITIMOS: And what is your date of birth?
MR LOLOHEA: 18 June 1981.
MR VARITIMOS: And your occupation?
MR LOLOHEA: Purser, sir.
MR VARITIMOS: Were you the purser on the MV Princess Ashika when it sank on
5 August 2009?
MR LOLOHEA: Correct, sir.
MR VARITIMOS: Approximately what time did the vessel depart on 5 August for
Nuku’alofa?
MR LOLOHEA: About 4 o’clock in the afternoon.
MR VARITIMOS: And approximately what time did the vessel sink on 5 August?
MR LOLOHEA: Between quarter to 12 and 12 midnight.
MR VARITIMOS: Did you see water coming onto the vessel on 5 August?
MR LOLOHEA: Yes, sir.
MR VARITIMOS: When did you first see water coming onto the vessel Ashika?
MR LOLOHEA: When I went down to my cabin.
11/11/2009 K LOLOHEA
Nuku’alofa

MR VARITIMOS: And approximately what time was that?
MR LOLOHEA: Can’t really tell, but about 8 or 9.
MR VARITIMOS: Pm.
MR LOLOHEA: Yes.
MR VARITIMOS: How much water did you see at that time on the vessel?
MR LOLOHEA: About 30 centimetres, sir.
MR VARITIMOS: And was that on the cargo deck?
MR LOLOHEA: Yes, sir.
MR VARITIMOS: And was it along the whole length of the cargo deck or just part of the
cargo deck?
MR LOLOHEA: No, sir.
MR VARITIMOS: Well, which part of the cargo deck was it on?
MR LOLOHEA: Only in the bow, sir. That’s in the front part of the cargo hold.
MR VARITIMOS: Where was the water coming from?
MR LOLOHEA: From the bow, sir.
MR VARITIMOS: Through the ramp?
MR LOLOHEA: Yes, sir.
MR VARITIMOS: And did you see more water on the cargo deck at a later time?
MR LOLOHEA: Yes, sir.
MR VARITIMOS: Just before the vessel sank, how much water – or did you see water
on the cargo deck?
MR LOLOHEA: The water was higher than this table in front, sir.
MR VARITIMOS: So it was more than 1 metre.
MR LOLOHEA: Probably, yes, sir.
MR VARITIMOS: And was that on most of the cargo deck?
MR LOLOHEA: The – I was standing at the back of the cargo hold and I looked to the
bow and saw where the cargo was loaded. This was where most of the water was.
11/11/2009 U TUPOU
Nuku’alofa

MR VARITIMOS: When the vessel sank, is it correct that no passengers or crew were
wearing life jackets? Is that correct?
MR LOLOHEA: That’s correct, sir.
MR VARITIMOS: Okay. Well, I seek to adjourn this witness’s evidence off to some
more comprehensive evidence for 9.30 am on 11 December.
CHAIRMAN: Do you understand that? You need to come back on 11 December at
9.30. All right.
MR LOLOHEA: Yes, your Honour.
CHAIRMAN: All right. Thank you.
WITNESS WITHDREW: [9.39 AM]
MR VARITIMOS: I now seek to briefly call the 2nd mate, Mr – Christian name, U-A-S-IK-
E-, surname, T-U-P-O-U.
UASIKE TUPOU, sworn: [9.40 AM]
MR VARITIMOS: I’d ask the interpreter to come forward again, please.
Could you please state your full name, loudly?
MR U TUPOU: Uasike Tupou.
MR VARITIMOS: And how do you spell that, please?
MR U TUPOU: U-A-S-I-K-E T-U-P-O-U.
MR VARITIMOS: Were you the 2nd mate on MV Princess Ashika on 5 August 2009?
MR U TUPOU: Yes, sir.
MR VARITIMOS: Approximately what time did the vessel leave Nuku’alofa?
MR U TUPOU: About 4 in the afternoon, sir.
MR VARITIMOS: Approximately what time did the vessel sink?
MR U TUPOU: Between 11 and 12 in the evening.
MR VARITIMOS: Did you see water coming on to the vessel at any time during the
voyage?
MR U TUPOU: Yes, sir.
MR VARITIMOS: When was the first time that you saw any water coming on to the
vessel?
11/11/2009 U TUPOU

MR U TUPOU: About five minutes before the boat sank.
MR VARITIMOS: That was the first time you saw any water.
MR U TUPOU: Yes, sir.
MR VARITIMOS: What were you doing in the two or three hours before the vessel
sank?
MR U TUPOU: I was sleeping, sir, resting.
MR VARITIMOS: Did anyone tell you about water coming on to the vessel at any time?
MR U TUPOU: No, sir.
MR VARITIMOS: So the first time that you became aware that there was any water on
the vessel was about five minutes before it sank, is that what you’re saying?
MR U TUPOU: Yes, sir.
MR VARITIMOS: Did you feel that the boat was moving unusually prior to the sinking?
MR U TUPOU: Yes, I felt this about 10 minutes before the boat sank.
MR VARITIMOS: Did you believe that the boat was leaning towards one side or the
other at any time?
MR U TUPOU: No, sir.
MR VARITIMOS: Are you saying that you had no idea that the vessel was in danger
until about five minutes before it sank?
MR U TUPOU: Yes, sir.
MR VARITIMOS: When the vessel sank do you agree that you and none of the
passengers had any life jackets, do you agree with that?
MR U TUPOU: Yes, sir.
MR VARITIMOS: I’d seek to adjourn this witness’s evidence to more comprehensive
evidence at 9.30 am on 10 December.
INTERPRETER: On the?
MR VARITIMOS: 9.30 am on 10 December 2009. Can you confirm you will be
available then, please?
CHAIRMAN: You understand you have to be back here 9.30 on 10 December.
MR U TUPOU: Yes, sir.
CHAIRMAN: All right.
11/11/2009 S HAVILI
Nuku’alofa

WITNESS WITHDREW [9.46 AM]
MR VARITIMOS: I’d now seek to call, very briefly, the 3rd engineer of MV Princess
Ashika at the time that it sank. The gentleman’s first name is S-O-L-O-M-O-N-E
Solomone, Christian name. Surname H-A-V-I-L-I Havili.
SOLOMONE HAVILI, sworn: [9.47 AM]
MR VARITIMOS: Could you please state your full name, loudly.
MR HAVILI: Solomone Havili.
MR VARITIMOS: And how do you spell it, please?
MR HAVILI: S-O-L-O-M-O-N-E H-A-V-I-L-I.
MR VARITIMOS: And your date of birth, please.
MR HAVILI: 4 October 1982.
MR VARITIMOS: And you were the 3rd engineer on MV Princess Ashika on 5 August,
is that correct?
MR HAVILI: Yes, sir.
MR VARITIMOS: What time did the vessel leave Nuku’alofa, approximately?
MR HAVILI: 4 in the afternoon, sir.
MR VARITIMOS: Could you please speak up a lot louder.
MR HAVILI: 4 o’clock in the afternoon.
MR VARITIMOS: At approximately what time did the vessel sink?
MR HAVILI: Between 11 and 12, sir.
MR VARITIMOS: Were you on duty between 11 and 12?
MR HAVILI: No, sir.
MR VARITIMOS: Were you aware at any time that water came on board the vessel on
the 5th?
MR HAVILI: Close to the time when the boat sank.
MR VARITIMOS: Was the first time that you became aware that there was water on
the vessel close, you say, when the vessel sank?
MR HAVILI: Yes, sir.
11/11/2009 S HAVILI
Nuku’alofa

MR VARITIMOS: Approximately how many minutes before the boat or vessel sank did
you become aware that there was water on the vessel?
MR HAVILI: About 10 minutes, sir.
MR VARITIMOS: How did you become so aware?
MR HAVILI: The water came right up to where I was sleeping.
MR VARITIMOS: In your sleeping quarters, is that correct?
INTERPRETER: Can you repeat that, please, sir?
MR VARITIMOS: The water came into your sleeping quarters.
MR HAVILI: Yes, sir.
MR VARITIMOS: And were your sleeping quarters below the cargo hold?
MR HAVILI: Yes, sir.
MR VARITIMOS: How much water was in your accommodation area?
MR HAVILI: Up to my knees, sir.
MR VARITIMOS: When you were standing.
MR HAVILI: Yes, sir.
MR VARITIMOS: Were there a number of bunks of beds in the accommodation area?
MR HAVILI: Only two beds, sir.
MR VARITIMOS: Was there one bed on top of the other bed?
MR HAVILI: Yes, sir.
MR VARITIMOS: So there were only two beds in your accommodation area, is that
correct?
MR HAVILI: In my own cabin, sir.
MR VARITIMOS: Were there two beds in your cabin?
MR HAVILI: That’s correct, sir.
MR VARITIMOS: Was anyone else in your cabin at that time?
MR HAVILI: No, sir.
11/11/2009 S HAVILI
Nuku’alofa

MR VARITIMOS: So you are saying that the first time you had any idea that there was
water coming on board was about 10 minutes before the vessel sank.
MR HAVILI: Yes, sir.
MR VARITIMOS: And that was because of water coming into the area you were
sleeping, is that correct?
MR HAVILI: Yes, sir.
MR VARITIMOS: Did anyone give you any warning before that time that water was
coming on board the vessel?
MR HAVILI: No, sir.
MR VARITIMOS: Did you have any idea before that time that the vessel may be in
danger or trouble?
MR HAVILI: No, sir.
MR VARITIMOS: Where was the water coming from into your accommodation area?
MR HAVILI: From the cargo deck hold through the bow ramp.
MR VARITIMOS: Water was coming through the cargo hold down your steps into your
room, is that correct?
MR HAVILI: That’s correct, sir.
MR VARITIMOS: When the vessel sank is it correct that no passengers or crew were
wearing life jackets?
MR HAVILI: That’s correct, sir.
MR VARITIMOS: Did you feel anything unusual about the boat before or at any time?
MR HAVILI: During the whole voyage, sir.
MR VARITIMOS: What did you feel that was unusual?
MR HAVILI: Because of the corrosion and the holes.
MR VARITIMOS: I’d seek to – sorry?
MR TU’UTAFAIVA: When he was asked about whether he was concerned at any time
during the voyage I think this man was stating that his answers in Tongan, he was
referring to all the voyages, not simply the voyage in question. Perhaps that may be -
perhaps the point can be clarified.
MR VARITIMOS: Clarified. Thank you. I’ll ask that question again.
11/11/2009 O TU’IFUA
Nuku’alofa

In relation to the voyage on 5 August 2009 did you feel anything unusual about the
boat?
MR HAVILI: Same as other voyages.
MR VARITIMOS: I’d seek to continue this evidence in some detail. If the summons
could be adjourned to 2 pm on 10 December.
INTERPRETER: What time, sir?
MR VARITIMOS: Could you check that the witness would be available to give much
more detailed evidence at 2 pm on 10 December?
INTERPRETER: Six – - -
MR VARITIMOS: 2 pm on 10 December, are you available then, please?
MR HAVILI: Yes, sir.
CHAIRMAN: All right. You have to be back here on 10 December at 2 pm, you
understand?
MR HAVILI: Yes, sir.
WITNESS WITHDREW [9.56 AM]
MR VARITIMOS: I now seek to recall Mr ‘Onesi Tu’ifua T-U-’-I-F-U-A senior marine
officer engineer.
‘ONESI TU’IFUA, sworn: [9.57 AM]
MR VARITIMOS: Mr Tu’ifua, you swore an affidavit which you produced yesterday, do
you recall that?
MR TU’IFUA: Yes.
MR VARITIMOS: That was Exhibit 71, for the record.
Do you still maintain that the contents of that affidavit is true and correct?
MR TU’IFUA: Yes.
MR VARITIMOS: You were asked to produce some documents to the Commission this
morning, do you remember that?
MR TU’IFUA: Yes.
MR VARITIMOS: And one included your certificate of appointment as a surveyor.
MR TU’IFUA: Yes.
MR VARITIMOS: Do you produce that document?
11/11/2009 O TU’IFUA
Nuku’alofa

MR TU’IFUA: It is here with me now.
MR VARITIMOS: And what other documents are you now producing?
MR TU’IFUA: Also the Tonga Government Gazette of my appointment and Cabinet
decision.
MR VARITIMOS: What’s the date of the Cabinet decision, please?
MR TU’IFUA: 14 April 2004.
MR VARITIMOS: And what’s the date of the gazettal?
MR TU’IFUA: 25 May 2004.
MR VARITIMOS: Could I have a look at those documents, please – including the
certificate, please? I seek to tender a copy of the Cabinet decision of 14 April 2004,
Cabinet Decision No. 505. Exhibit No. 72.
CHAIRMAN: That will be Exhibit 72, copy of Cabinet Decision No. 505 of 14th of the
4th ’04.
EXHIBIT 72 COPY OF CABINET DECISION NO. 505 OF 14/4/04
MR VARITIMOS: And I seek to tender the Tonga Government Gazette Supplement for
25 May 2004, Gazettal No. 8.
CHAIRMAN: That will be Exhibit 73 Government Gazette 25/4/104
EXHIBIT 73 GOVERNMENT GAZETTE 25/4/04
MR VARITIMOS: In relation to the Certificate of Appointment that you have produced, I
suggest it’s enclosed in a booklet, is that correct?
MR TU’IFUA: Yes.
MR VARITIMOS: When did you get issued this document?
MR TU’IFUA: Last year.
MR VARITIMOS: When last year?
MR TU’IFUA: I don’t remember, sir.
MR VARITIMOS: Could you have a look at the back of the document and there’s some
writing on the back inside cover.
MR TU’IFUA: Yes.
MR VARITIMOS: There’s some numbers put there, is that correct?
11/11/2009 O TU’IFUA
Nuku’alofa

MR TU’IFUA: I’m not sure it’s a number, but I think it is from my kid.
MR VARITIMOS: From your child.
MR TU’IFUA: That’s right, sir.
MR VARITIMOS: You don’t know any significance attached to that numbering?
MR TU’IFUA: Yes, it’s nothing to do with the certificate.
MR VARITIMOS: Who gave you the certificate?
MR TU’IFUA: Paul Karalus.
MR VARITIMOS: Gave it to you personally.
MR TU’IFUA: I take it to Paul Karalus to sign last year.
MR VARITIMOS: So did you get given a blank copy of the certificate?
MR TU’IFUA: Yes.
MR VARITIMOS: Who gave you the blank copy?
MR TU’IFUA: I have it in the office.
MR VARITIMOS: Well, who gave it to you originally?
MR TU’IFUA: It was in my desk.
MR VARITIMOS: But someone had to give it to you. Who gave it to you?
MR TU’IFUA: I don’t remember who give it to me, but it was on my desk. A blank.
MR VARITIMOS: You saw it on your desk. You saw a blank one on your desk.
MR TU’IFUA: Yes, there are many of it, not only one.
MR VARITIMOS: There were many of them.
MR TU’IFUA: Maybe, so far as I understand, maybe from Bill Johnson, I think, the
former Director for Marine.
MR VARITIMOS: Well, you saw some blank certificates on your desk.
MR TU’IFUA: Yes.
MR VARITIMOS: Were there any instructions as to what to do with it?
MR TU’IFUA: No, sir.
MR VARITIMOS: So what did you do?
11/11/2009 O TU’IFUA
Nuku’alofa
MR TU’IFUA: I take one and I take it to the Minister – - -
MR VARITIMOS: Mr Karalus?
MR TU’IFUA: And ask him for his approval to use this, together with a copy of their
Cabinet decision. Give it together to him to see what will do for it.
MR VARITIMOS: When you gave it to him, did you have your photo in it?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And you had completed it? You had completed the inside of it, to put
your name.
MR TU’IFUA: Yes.
MR VARITIMOS: And what did Mr Karalus say to you?
MR TU’IFUA: Can you repeat, sir?
MR VARITIMOS: What did the Minister say to you when you took it to him to get
signed?
MR TU’IFUA: Yes, he go through the certificate and also the Cabinet decision, and he
said, yes, he will sign it and asked me to give it to his secretary to make a copy of my
decision Cabinet, and he said, “okay”, and he bring it back to me.
MR VARITIMOS: And when do you say this was done, approximately? When
approximately was this signed?
MR TU’IFUA: Yes, then he signed.
MR VARITIMOS: Yes, when?
MR TU’IFUA: On the spot, I was there while he signed.
MR VARITIMOS: That was last year, you say.
MR TU’IFUA: Last year, yes.
MR VARITIMOS: I seek to tender the certificate in relation to Mr Tu’ifua appointing him
as a surveyor.
MR TU’IFUA: Yes.
MR VARITIMOS: Exhibit 74.
CHAIRMAN: All right, Exhibit 74, Certificate of Appointment as surveyor.
EXHIBIT 74 CERTIFICATE OF APPOINTMENT AS SURVEYOR
11/11/2009 O TU’IFUA

MR VARITIMOS: Before you obtained this certificate, did you ever have any other
certificate appointing you as a surveyor?
MR TU’IFUA: No.
MR VARITIMOS: You have held the position as Senior Marine Officer Engineer, since
2004, is that correct?
MR TU’IFUA: Yes.
MR VARITIMOS: And did you conduct surveys prior to obtaining the certificate of
appointment now produced?
MR TU’IFUA: Can you repeat, sir, please?
MR VARITIMOS: Prior to obtaining the Certificate of Appointment as a surveyor, which
has just been exhibited, did you conduct surveys?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And when you conducted those surveys, I take it then that you did not
have a Certificate of Appointment.
MR TU’IFUA: Before last year, I did conduct the survey, but I don’t have the Certificate
of Appointment at that time.
MR VARITIMOS: You’d conducted quite a number of surveys from 2004 up until the
time that you obtained the Certificate of Appointment, is that correct?
MR TU’IFUA: That’s right.
MR VARITIMOS: When did you first find out that you were required to have a
Certificate of Appointment as a surveyor?
MR TU’IFUA: I think before that. I remember that I should have appointment of
certificate, like the one I give you, but I didn’t make, or the Ministry didn’t issue me one.
So I found out the blank copy, then I think it’s a good thing for me to take it to the
Minister to sign for the Certificate of Appointment so that I can use it when I go and do
the survey.
MR VARITIMOS: Did the Minister say anything to you about the fact that you didn’t
have a certificate beforehand?
MR TU’IFUA: He asked me, before I hand him the decision, Cabinet decision, he said,
“Oh, you were appoint a long time ago”, I said, “Yes, sir.” And he said, “Okay.” Then he
request one copy of it to keep with his secretary. When I copied that, he said – then he
signed a certificate and he hand it over to me.
MR VARITIMOS: I just wish to ask you some brief questions and then I’ll seek your
summons to be adjourned. You were involved in conducting a survey of MV Princess
Ashika in July, is that correct?
11/11/2009 O TU’IFUA

MR TU’IFUA: Yes, sir.
MR VARITIMOS: And that, or a copy of that survey, is attached to your affidavit, is that
correct?
MR TU’IFUA: Yes.
MR VARITIMOS: Is it the case that you made a phone call to a person seeking to have
the vessel detained at a particular time?
MR TU’IFUA: Yes, sir. On the day we do the discussion of our deficiency list that I
asked the Director of Marine to stop the Princess Ashika. And he said that I have a
right to stop the Princess Ashika, but I am not sure by that moment whether I have a
right to stop. So I used the telephone to call to our manager at Ha’apai group to stop
the Ashika when it arrives there and count the passengers onboard and report back to
me on my mobile. That is what I did.
MR VARITIMOS: Why did you seek to stop the vessel?
MR TU’IFUA: Because I think of the passengers. I think maybe they have more
number than the normal number, as I think. And not only that, but one thing I totally
agree of trying to stop the boat because it’s not seaworthy. That is what is in my mind.
MR VARITIMOS: You had it in your mind that you wanted to stop or detain the boat.
MR TU’IFUA: I really want to stop the Ashika and not let it go.
MR VARITIMOS: And you made that phone call to a person?
MR TU’IFUA: To Molitoni, I’m not sure, Molitoni Finau, I think. That is our officer at
Ha’apai Wharf. Asked him to stop the Ashika, ask the policemen to come and help him
and also count the number of passengers and report it back.
MR VARITIMOS: And so you made that phone call to tell the gentleman to stop the
vessel, is that correct?
MR TU’IFUA: I used the Ministry telephone.
MR VARITIMOS: The Ministry of Transport telephone.
MR TU’IFUA: Telephone, yes.
MR VARITIMOS: From where?
MR TU’IFUA: From my office.
MR VARITIMOS: And when you made the phone call, the person at the other end said
what?
MR TU’IFUA: Yes, he said he will do it. Then he will report it back.
MR VARITIMOS: And then was the vessel detained or stopped as you requested?
11/11/2009 O TU’IFUA
Nuku’alofa

MR TU’IFUA: They didn’t detain or stop, they only stopped for a moment to count the
passengers. After they counted how many, they board it and that’s all.
MR VARITIMOS: And what did you do or say after that?
MR TU’IFUA: I say to him “Thank you”, and – - -
MR VARITIMOS: What did you say, sorry?
MR TU’IFUA: “Thank you”, to that guy, and thank you for the report and the numbers of
passengers.
MR VARITIMOS: But you said you wanted it stopped.
MR TU’IFUA: Yes.
MR VARITIMOS: Well, it wasn’t stopped, is that correct?
MR TU’IFUA: Yes, they only stopped to count the passengers and that’s all, they didn’t
stop. And Ashika continued on her voyage.
MR VARITIMOS: Well, did you say anything when that happened?
MR TU’IFUA: I talked to the director on the next morning about what I did and I report
from the manager from Ha’apai.
MR VARITIMOS: Why wasn’t the vessel stopped then?
MR TU’IFUA: Pardon, sir.
MR VARITIMOS: Why was the vessel not stopped in accordance with your direction?
MR TU’IFUA: I don’t know why they not stop. I only asked them to stop to count the
passengers and report it back and that’s all.
MR VARITIMOS: But you were concerned about the safety of passengers.
MR TU’IFUA: Yes, I want to know the numbers of passengers.
MR VARITIMOS: Well, if you were concerned about the safety – what were you
concerned about in terms of the safety of passengers?
MR TU’IFUA: Yes, on our discussion the deficiencies, we advised the director that the
Princess Ashika should stop to do the maintenance and rectify the deficiencies before
departure, sir.
MR VARITIMOS: Let’s just go back to the beginning. When was the first time that you
saw Princess Ashika?
MR TU’IFUA: I think the first day arrived, when the Princess Ashika arrived here.
11/11/2009 O TU’IFUA
Nuku’alofa

MR VARITIMOS: On 1 July?
MR TU’IFUA: Yes, on 1st, yes, sir.
MR VARITIMOS: Did you hear anything about Princess Ashika prior to that?
MR TU’IFUA: I heard something about before, that the former director, Bill Johnson,
said that there is a new boat from Fiji will come and that’s it. I heard from him.
MR VARITIMOS: He told you that, did he?
MR TU’IFUA: Yes, yes, he told me.
MR VARITIMOS: When did he tell you that?
MR TU’IFUA: Maybe one or two months before the Princess Ashika arrived.
MR VARITIMOS: Were you ever asked to go to Fiji and survey the vessel?
MR TU’IFUA: No, sir.
MR VARITIMOS: You were never asked to inspect the vessel prior to it coming to
Tonga, is that correct?
MR TU’IFUA: Yes, they inform that we will do a survey when it arrives.
MR VARITIMOS: When were you asked to do a survey when it arrived?
MR TU’IFUA: On the 2nd, in the – on the 2nd.
MR VARITIMOS: So you weren’t asked to do any survey until it actually arrived in
Tonga, is that correct?
MR TU’IFUA: Repeat, sir, please?
MR VARITIMOS: You were not asked to conduct any survey until the vessel actually
arrived in Tonga, is that correct?
MR TU’IFUA: Yes, yes. They informed us before that we will survey when the Ashika
arrived. And after that, they just bring their application on the 2nd, then we do the
survey on the same day.
MR VARITIMOS: You were told before the vessel arrived in Tonga that you were to
conduct a survey in Tonga, is that correct?
MR TU’IFUA: Again, sir, please?
MR VARITIMOS: Were you told before the vessel arrived in Tonga that you were
required to conduct a survey in Tonga?
MR TU’IFUA: Yes, Jonesse, the manager, he came to the office and said, “Mr Tu’ifua,
you will come if the survey when the Ashika arrive to do a survey.” And I said, “Yes,
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yes, we will wait. When you read, then you come and fill out the application then we will
come.”
MR VARITIMOS: Who was the manager?
MR TU’IFUA: John Jonesse, from Shipping Corporation.
MR VARITIMOS: Sorry, John Jonesse – - -
MR TU’IFUA: Yes.
MR VARITIMOS: – - – told you?
MR TU’IFUA: Come to my office.
MR VARITIMOS: And told you what?
MR TU’IFUA: That we will survey, asked us – tell us that we will survey the Princess
Ashika when it arrived from Fiji. And I said, “Yes, yes, we wait. Yes.”
MR VARITIMOS: When was that?
MR TU’IFUA: I think one or two months, I’m not sure, but before, before.
MR VARITIMOS: Well, was it a long time before it arrived, or a short time?
MR TU’IFUA: Only a short time, not very – - -
MR VARITIMOS: Well, approximately. It arrived in July, 1 July. Approximately when
before that did Mr Jonesse say that he’d have to – - -
MR TU’IFUA: Yes, still before that. Still before the Ashika arrived.
MR VARITIMOS: But a week before, a few days before?
MR TU’IFUA: I am not sure.
MR VARITIMOS: You were never asked – You, and none of the surveyors at Transport,
to your knowledge, were ever asked to do a survey in Fiji, is that correct?
MR TU’IFUA: Can you repeat?
MR VARITIMOS: You were never asked to do a survey in Fiji of the vessel?
MR TU’IFUA: No, they never asked anything to do with going to Fiji, no.
MR VARITIMOS: You were only asked to do a survey – - -
MR TU’IFUA: When it arrived.
MR VARITIMOS: – - – when it arrived.
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MR TU’IFUA: That’s right, sir.
MR VARITIMOS: And did you, in fact, then see the vessel on 1 July?
MR TU’IFUA: Yes, yes.
MR VARITIMOS: Had you ever seen any photographs, or details about the vessel
before it arrived?
MR TU’IFUA: Yes.
MR VARITIMOS: You had seen photographs?
MR TU’IFUA: I saw the photograph gave my secretary of mine by Mr Johnson, William
Johnson.
MR VARITIMOS: So Mr William Johnson showed you photographs?
MR TU’IFUA: A photograph of the Ashika, yes.
MR VARITIMOS: How many photographs?
MR TU’IFUA: Only one page of A4 size.
MR VARITIMOS: What the front? He had a photo of the whole vessel?
MR TU’IFUA: Yes.
MR VARITIMOS: Just showed a picture of the vessel, is that correct?
MR TU’IFUA: Yes, a picture of the vessel, yes.
MR VARITIMOS: From a distance.
MR TU’IFUA: Yes.
MR VARITIMOS: So you couldn’t tell from the photograph the condition of the vessel, is
that correct?
MR TU’IFUA: It is very hard to know by that time what is the condition, because the
photo is not very near but – - -
MR VARITIMOS: It’s a distant photo?
MR TU’IFUA: That’s right. That’s right.
MR VARITIMOS: So before the vessel arrived you were only shown one photograph of
the vessel by Mr Johnson?
MR TU’IFUA: Yes, he gave me to look, one photograph, before.
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MR VARITIMOS: And what did he say about it? What did he say when he gave you
the photograph?
MR TU’IFUA: I didn’t say any comment. I only looked, “Oh, we will see when it arrives.”
MR VARITIMOS: Did he say anything to you about conducting a survey when it arrived,
or not?
MR TU’IFUA: No, Johnson didn’t say anything.
MR VARITIMOS: So the vessel then arrived on 1 July and you went and had a look at
it, is that correct?
MR TU’IFUA: Yes, we went there.
MR VARITIMOS: Who did you go with?
MR TU’IFUA: Lisiate Vuni Latu, the other surveyor, I think, and Mafi Kavaliku, who is
one of our officers and Viliami Tu’ipulotu, our director. That’s what I remember.
MR VARITIMOS: Was Lou Pale there? Lou Pale, was he there?
MR TU’IFUA: I think so, no. I didn’t remember I go with Lou Pale on the first day. On
the first day.
MR VARITIMOS: You can’t remember him on the first – - -
MR TU’IFUA: Yes.
MR VARITIMOS: Could he have been there?
MR TU’IFUA: I have been there with Vuni Latu, Mafi Kavaliku and Viliami Tu’ipulotu.
MR VARITIMOS: Well, could Lou Pale have been there on the first day?
MR TU’IFUA: Lou Pale, I am not sure, sir. Maybe he was on – there that day, but I’m
not sure.
MR VARITIMOS: Well, what did you do on the first day, when you saw the vessel?
MR TU’IFUA: Only take a looking around on the vessel. Just only – - -
MR VARITIMOS: How long were you looking around for?
MR TU’IFUA: Maybe one hour, or half an hour, I am not sure. We take a look around,
walking around on the vessel. Because the Minister of Transport inform us to come and
have a look. Someone told me the Minister want us to have a look around on the
vessel.
MR VARITIMOS: Who told you that?
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MR TU’IFUA: I think our clerk, I think. He said that there’s a contact from the Minister,
he want our surveyors to be on board. Then we went there.
MR VARITIMOS: Who’s the clerk?
MR TU’IFUA: Siu in – - -
MR VARITIMOS: How do you spell that, sorry?
MR TU’IFUA: S-I-U.
MR VARITIMOS: Did you see the Minister on or near the vessel on that 1 July?
MR TU’IFUA: I saw him on the bridge.
MR VARITIMOS: That was the Minister for Transport.
MR TU’IFUA: Yes.
MR VARITIMOS: Did you talk to him?
MR TU’IFUA: No.
MR VARITIMOS: Was anyone else there present?
MR TU’IFUA: John Jonesse.
MR VARITIMOS: John Jonesse was there also.
MR TU’IFUA: Yes.
MR VARITIMOS: Did you say anything to Mr Jonesse?
MR TU’IFUA: No.
MR VARITIMOS: How long did you see them there for?
MR TU’IFUA: One hour.
MR VARITIMOS: They were on the boat the whole time you were on the boat. Were
they on the vessel at the whole time that you were on the vessel?
MR TU’IFUA: Yes, I don’t know what time they come back on there.
MR VARITIMOS: But were they there when you went on the vessel initially?
MR TU’IFUA: They were there. They were there, yes.
MR VARITIMOS: They were there. And when you left were they there?
MR TU’IFUA: I don’t know. Maybe they left before us. Maybe they left before us. We
came later.
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MR VARITIMOS: Well, how long were they on the – - -
MR TU’IFUA: Because they had the TV also there?
MR VARITIMOS: Sorry? What was that?
MR TU’IFUA: Together with the TV – Television Tonga.
MR VARITIMOS: Television Tonga were there. They were taking photographs or
videos.
MR TU’IFUA: Yes.
MR VARITIMOS: Well, how long was Mr Jonesse and the Transport Minister on the
vessel for at least at the time that you saw them?
MR TU’IFUA: I don’t know for sure, sir.
MR VARITIMOS: Were they there for at least 20 minutes?
MR TU’IFUA: Maybe more.
MR VARITIMOS: Probably more.
MR TU’IFUA: Maybe half an hour. Maybe. I don’t know. I’m not sure.
MR VARITIMOS: Is it the case that a survey checklist was completed after the
inspection of the vessel?
MR TU’IFUA: Will you repeat, please?
MR VARITIMOS: Is it the position that a survey checklist was completed?
MR TU’IFUA: I don’t understand the question, please.
MR VARITIMOS: Okay. I’ll come back.
MR TU’IFUA: Yes.
MR VARITIMOS: Would you have a look at your affidavit, please, which is Exhibit 71?
That will be brought over to you but I’ll ask some preliminary questions. On 1 July, you
and other surveyors inspected the vessel.
MR TU’IFUA: Yes.
MR VARITIMOS: Is that correct?
MR TU’IFUA: Yes.
MR VARITIMOS: That was for the purposes of doing a survey.
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MR TU’IFUA: Yes.
MR VARITIMOS: And did you go back? Well, after you inspected the vessel on the 1st
with your colleague – - -
MR TU’IFUA: Yes.
MR VARITIMOS: – - – what did you do?
MR TU’IFUA: Yes.
MR VARITIMOS: What did you do after you inspected the vessel?
MR TU’IFUA: I went to the engine room and, after that, I came up and go around in the
vessel together with the other two surveyor and inspect the other part. I mean, the
cargo hold and the accommodation area and the bow ramp. We walked around there
and looking around.
MR VARITIMOS: How long did you walk around for at least on that occasion?
MR TU’IFUA: I think three to four hours.
MR VARITIMOS: You were on the vessel for a long time. You were on the vessel for a
long time.
MR TU’IFUA: Yes. Yes.
MR VARITIMOS: What time did you go on the vessel about?
MR TU’IFUA: What time did we go there?
MR VARITIMOS: Yes.
MR TU’IFUA: About 9 in the morning, I think.
MR VARITIMOS: And were you working until lunchtime?
MR TU’IFUA: Yes.
MR VARITIMOS: So you were on the vessel until lunch.
MR TU’IFUA: Yes.
MR VARITIMOS: And were notes taken at that time? Were notes taken?
MR TU’IFUA: Yes.
MR VARITIMOS: Did you take notes?
MR TU’IFUA: Lisiate Vuni Latu who do the notes.
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MR VARITIMOS: And what did you do after you inspected the vessel? Did you go to
lunch?
MR TU’IFUA: Yes. During lunch we went back to the office.
MR VARITIMOS: Were photographs taken of the vessel?
MR TU’IFUA: Some photographs taken by Mr Lou Pale.
MR VARITIMOS: Was that on the 1st or the 2nd he took photographs?
MR TU’IFUA: On the day of survey, I think.
MR VARITIMOS: On the 1st. Could you have a look at these photographs, Exhibit 66?
Are you looking at the photographs, Exhibit 66?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: Could you look at each of those photographs and please confirm that
they were photographs taken of Princess Ashika? If you look at each photograph,
please. Turn the pages over.
MR TU’IFUA: Yes. Yes, sir.
MR VARITIMOS: You’re satisfied that those photographs were taken of Ashika.
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And were they taken on 1 or 2 July? Do you know?
MR TU’IFUA: I’m not sure.
MR VARITIMOS: But they were taken on either 1 or 2 July.
MR TU’IFUA: On the same, yes.
MR VARITIMOS: But Mr Lou Pale.
MR TU’IFUA: Yes.
MR VARITIMOS: Okay. Now, just to clarify, on 1 July you went down and had a look at
the vessel – - -
MR TU’IFUA: Yes.
MR VARITIMOS: – - – but you weren’t down there for that long on that occasion. Is that
right? Maybe an hour.
MR TU’IFUA: Yes.
MR VARITIMOS: And then you went back on the 2nd – - -
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MR TU’IFUA: Yes.
MR VARITIMOS: – - – to conduct a detailed survey.
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And that’s when you were there for over three hours.
MR TU’IFUA: That’s right.
MR VARITIMOS: And when you went down to conduct the detailed survey, is it the
position that Mr Lou Pale was there, you were there, Mr Latu was there.
MR TU’IFUA: Yes, sir. Yes, sir.
MR VARITIMOS: And was anyone else there?
MR TU’IFUA: And Mafi Kavaliku. He’s one of our officers.
MR VARITIMOS: Was the Acting Director there?
MR TU’IFUA: No.
MR VARITIMOS: So you inspected the vessel for the purposes of a survey and could
you have a look at your affidavit, Exhibit 71? The first attachment is a survey checklist.
You see that document?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: Mr Latu completed that. Is that correct?
MR TU’IFUA: Yes. Yes, sir.
MR VARITIMOS: None of that writing is your writing. Is that correct?
MR TU’IFUA: No, I have nothing to write on it.
MR VARITIMOS: To your knowledge, all of this writing is Mr Latu’s writing.
MR TU’IFUA: Yes, I’m sure he put – - -
MR VARITIMOS: And did he complete this on 2 July?
MR TU’IFUA: Yes, I think so. And I – - -
MR VARITIMOS: And then look at the next document. It’s a deficiency list of 2 July. Is
that correct?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And did you have any involvement in the deficiency list?
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MR TU’IFUA: Please, sir, I don’t have a copy of that.
MR VARITIMOS: At the back of your affidavit.
MR TU’IFUA: I don’t have my affidavit here.
MR VARITIMOS: Attached to your affidavit.
MR TU’IFUA: Can I have a copy? Yes.
MR VARITIMOS: You have a deficiency list. Is that correct?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: It’s dated on the front, 2 July 2009. Is that correct?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: “Subject: Surveying the MV Princess Ashika”.
MR TU’IFUA: Yes, sir.
MR VARITIMOS: I’ll show the original of Exhibit 71 so you can verify that it’s attached
to your affidavit that’s been tendered. Do you see attached to your affidavit is the
survey deficiency list?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: Do you agree that the deficiencies stated in the list are accurate?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: And did you sign this document on the third page?
MR TU’IFUA: Yes.
MR VARITIMOS: Can you see the comments added on the third page – - -
MR TU’IFUA: Yes, sir.
MR VARITIMOS: – - – including that “the bow and stern ramp must be watertight to the
satisfaction of the surveyor before departure”?
MR TU’IFUA: Yes, sir.
MR VARITIMOS: Do you agree with all the comments noted on page 3?
MR TU’IFUA: Totally agree with it, sir.
MR VARITIMOS: You agree?
MR TU’IFUA: Yes.
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MR VARITIMOS: Totally agree.
MR TU’IFUA: Totally agree.
MR VARITIMOS: And were of that – did you agree with those comments on 2 and 3
July 2009? Did you agree with the comments on – - -
MR TU’IFUA: That’s right.
MR VARITIMOS: – - – 2 and 3 July?
MR TU’IFUA: After our discussions, then he write the comment.
MR VARITIMOS: Did you have a discussion with the Acting Director – - -
MR TU’IFUA: That’s right?
MR VARITIMOS: – - – on 2 or 3 July?
MR TU’IFUA: I think on the 3rd.
MR VARITIMOS: 3 July. There was a meeting between the surveyors and the Acting
Director. Is that correct? There was a meeting between the surveyors.
MR TU’IFUA: Yes, that’s right.
MR VARITIMOS: And – - -
MR TU’IFUA: Yes. Yes.
MR VARITIMOS: – - – who was present at that discussion or meeting?
MR TU’IFUA: Me, Vuni Latu and the Acting Director.
CHAIRMAN: Acting Director was who?
MR TU’IFUA: Viliami Tu’ipulotu.
CHAIRMAN: Yes.
MR TU’IFUA: Yes.
MR VARITIMOS: And was – - -
MR TU’IFUA: And I’m not sure if Mafi’s there or not. I’m not sure.
MR VARITIMOS: Was Mr Pale there? Mr Pale, was he there?
MR TU’IFUA: Mr Lou Pale?
MR VARITIMOS: Yes.
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MR TU’IFUA: No.
MR VARITIMOS: He wasn’t there.
MR TU’IFUA: He didn’t involve in that discussion.
MR VARITIMOS: Was he involved in earlier discussions with you in terms of the
survey?
MR TU’IFUA: Yes, we talk about, yes.
MR VARITIMOS: You talked about these deficiencies with Mr Lou Pale. Is that
correct?
MR TU’IFUA: Yes.
MR VARITIMOS: And was everyone – were you, Mr Lou Pale, Mr Latu and the Acting
Director all agreeable that the deficiencies contained in the list were, in fact,
deficiencies.
MR TU’IFUA: Yes.
MR VARITIMOS: And were you all of the opinion that they needed to be rectified?
MR TU’IFUA: Well, we advised him and beg him to stop the Ashika to rectify the
deficiencies before departure.
MR VARITIMOS: Did you tell the Acting Director, Mr Tu’ipulotu, that the vessel should
be stopped?
MR TU’IFUA: Yes, sir, I told him, “Please stop the vessel. The condition I saw are
totally unfit to sail,” sir.
MR VARITIMOS: