Princess Ashika trial: Kiwi jailed for 5 years

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Mon, 04 Apr 2011 2:23p.m. LATEST 6:03PM

The Princess Ashika sank in August 2009 (NZPA)

The Princess Ashika sank in August 2009 (NZPA)

3 News reporter Michael Morrah is in Tonga and reports from the court house

By 3news.co.nz staff with NZPA

New Zealander John Jonesse has been jailed for five years for manslaughter by negligence in the trial for the sinking of the Princess Ashika.  

The Princess Ashika sank in August 2009 just north of Tonga’s capital Nuku’alofa. Seventy-four people lost their lives.

Jonesse was sentenced to five years for manslaughter by negligence, six months for forgery and dealing with a forged document and four years for sending an unseaworthy ship to sea.

He will serve the time concurrently.

Jonesse was the former managing director of the Shipping Corporation of Polynesia.

The three other men found guilty in the trial have been sentenced this afternoon.

The ship’s captain, Maka Tuputupu, was given a suspended sentence of three and a half years in jail, of which he will serve six months.

The ship’s first mate Sesmi Pomale was also given a suspended sentence of three and a half years, of which he will serve 18 months.

And the Director of Marine and Ports, Viliami Tuipoluto, was given a three year suspended sentence but will serve no time in jail.

The Shipping Corporation of Polynesia was fined $1 million, of that $20,000 must be given to the women’s crisis centre in Tonga.

Auckland-based Alani Taione, who said he lost family and friends in the tragedy, was unhappy at the sentences for the three Tongan men.

"Those sentences are like a joke. To me the families will be very unhappy with that," he said.

"They should serve at least for five years."

Mr Taione, who organised a protest march in Auckland in 2009 criticising the Government's slowness in recovering bodies from the wreckage, said he had not been confident of getting stronger sentences as he had little confidence in the Tongan justice system.

However, he thought the Government had learned a lesson from the tragedy.

"They will no longer do any stupid things like this with the life of the people, I'm pretty sure."

Supreme Court Judge Robert Shuster said Jonesse had shown no remorse over the loss of the Princess Ashika ferry in August 2009.

"I accept you have no shipping experience, I accept you are a management person but, frankly, you led a shambles of an organisation," Judge Shuster told Jonesse during sentencing, Agence France Presse reported.

"You are the one person here who showed no remorse nor (offered) any explanation."

The Princess Ashika was on a voyage from Nuku'alofa to an outlying island when it sank, trapping passengers, mostly women and children, below deck in the country's worst maritime disaster.

The six-week trial heard evidence that the ship, built in the early 1970s, was riddled with rust holes and poorly maintained.

The SCP bought the Princess Ashika three months before the sinking and it was on its fifth voyage when it went down.

Survivors at the time recalled water building up in the cargo hold before the ferry lurched violently and sank with little warning.

Judge Shuster said passengers on the ferry were not told where life jackets were located or where they should gather if there was an emergency.

"It is utterly disgraceful," he said.

3 News / NZPA

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Comments

04 Apr 2011 06:48p.m.

sione wrote:

I would say an appeal is most likely when the others have all received heavily suspended sentences and Jonese is the only one who has not. Shame on Tongan police for not charging all that were responsible for this senseless tragedy and shame on the Justice system for suspending some of the sentences. This was not an accident. It was gross negligence of the very worse kind and 74 women and children and men lost their lives because of these people who didnt care enough to do their jobs properly.

04 Apr 2011 05:09p.m.

M. Laurence Withy wrote:

Where is the justice in Jonesse getting just 5 years for the loss of 74 people at sea in a rust-bucket of a ship for which he obviously forged important safety related documentation. Such a sentence equates to only three and a half weeks in prison for each person lost at sea in this tragedy.

04 Apr 2011 04:44p.m.

Andrew wrote:

This is altogether weird. When was an enquiry into the sinking held? A trial only seeks to apportion culpability after charges have been laid but an enquiry seeks to uncover the facts. Surely, to have a full grasp of the facts surrounding the incident is far more important than a trial.

04 Apr 2011 04:44p.m.

Bee wrote:

good they have been sentenced the poor people that went down and shouldn't have come to that disgusting. @ lawman what does this Tongan and Palangi have to do with anything??? By the way when in NZ it's Pakeha!

04 Apr 2011 04:43p.m.

kane wrote:

Wow a justice system that's as useless as our own... Next they will be handing out 11yr jail sentences for murder...

04 Apr 2011 04:26p.m.

lawman wrote:

These are very lenient sentences... but I agree with suspending most of the Captain's sentence...while it's all very well sitting here in Auckland and saying "the ultimate responsibility was his, he should have refused to sail", the reality in Tonga is that if he had refused to sail he would never had worked again.

The one silliness is fining the Shipping Corp....aside from the fact it has no money, that is in effect ordering the government to pay itself...

Whether "Lord" Dalgety is actually charged is now the interesting question...he managed to slide out of the indictment once..

04 Apr 2011 03:14p.m.

sione wrote:

Shame on Tonga . Why have only some been charged and others, like the Minister of Transport ,were not. Shame on the Justice system as it has not delivered justice to the families of the 74 people murdered.

04 Apr 2011 02:58p.m.

lawman wrote:

Very lenient...smart move by Shuster...half the maximum sentence makes a successful appeal very unlikely...

Five years is the Tongan can as a palangi will be no picnic...