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# Another Tongan Ferry Declared Unsafe Country forums / Pacific Islands & Papua New Guinea / Tonga
harrychorpita 05:37 UTC 26 Jan 2010 | Posters here often ask about taking Inter-island ferries and of course the Princess Ashika tragedy is fresh on everyone's mind. Now-with the ongoing inquiry we learn that another Ferry has been declared unsafe by the Govt- yet the owner still sailed away from the dock! How poorly the Tongan people are served by those in power-the owners of the MV Pulupaki should be held in chains until they can explain themselves. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ http://pidp.eastwestcenter.org/pireport/2010/January/01-26-03.htm ANOTHER UNSAFE, UNSEAWORTHY TONGA FERRY SAILS Ministry of Transport had ordered detainment of vessel NUKUALOFA, Tonga (Matangi Tonga, Jan. 25, 2010) - Only five months after the tragic sinking of the Ashika in August 2009 with the loss of 74 lives, a second Tongan ferry is in trouble, an inquiry learned today, when it was told that the privately-owned MV Pulupaki had sailed at the weekend - after its owners, who include a member of parliament, ignored a detainment order from the Ministry of Transport. Serious concerns over the safety of the Mariners Vessel (MV) Pulupaki were raised on Day 35 of the Royal Commission of Inquiry into the sinking of the Princess Ashika, when the CEO of the Ministry of Transport, 'Eleni Mone said that Tonga's second inter-island ferry was detained from service last week because it was unsafe. Appearing as a witness, she confirmed that her ministry had detained the MV Pulupaki after receiving surveys that showed it was unsafe and unseaworthy, and that an expert had declared it "beyond repair". 'Eleni confessed that she was not aware that the detainment was ignored and the MV Pulupaki had sailed away over the weekend. She was surprised today when the Assisting Counsel to the Commission, Manuel Varitomos told her that the MV Pulupaki had already left Tongatapu for the northern islands. She told the inquiry that the first time she was aware that Pulupaki was unseaworthy was last week. This was based on survey documents, including a report from a Maritime Expert from New Zealand, who was in Tonga for a week to conduct a survey on the Pulupaki. "You were not aware that the Pulupaki sailed from Nuku'alofa after your so-called detainment?" asked the counsel Varitimos. 'Eleni said, no, she was not aware of it. "Do you know where the vessel is now and have you looked this morning at wharf to see if it was there?" he asked, and the witness said, "no". The counsel suggested that, perhaps, she had been aware for many months that the Pulupaki was unsafe and unseaworthy? 'Eleni said she was advised of its deficiencies but at no stage was it recommended that it was unsafe at the time. "Do you accept now that Pulupaki is unseaworthy?" 'Eleni said, yes, as all had concluded, including their Transport surveyors, that it was unsafe and unseaworthy. The counsel asked whether she was aware that there is a penalty of up to 15 years in jail for sending an unseaworthy ship to sea; and it was grossly negligent to allow or send an unsafe ship to sea. 'Eleni answered unless the deficiency list was attended to. She said she advised the Transport Minister Hon Nuku last week that the vessel was unseaworthy and was being detained, when they were in a meeting attended by [an owner of the vessel] 'Uliti Uata and Marine Director Viliami Tu'ipulotu. "Are you aware that the Ashika was unseaworthy," counsel Varitimos asked. 'Eleni said she had never read a report and she was not aware of its deficiency list, as she was not part of it then. The counsel put to her that Marine Director Viliami Tuipulotu had given evidence that the condition of the Ashika vessel was very poor. Eleni answered that she was not aware of that. Mone confirmed to the inquiry that on December 22, 2009, the MV Pulupaki was scheduled to sail from Nuku'alofa and Ministry of Transport representatives were at the wharf. The counsel put to her whether she was aware that Ports Authority did not allow it to sail as it was of no condition to sail on December 22. 'Eleni answered that they had their opinion and they had their reports. However, she agreed that on this particular trip the MV Pulupaki was heavily overloaded with passengers and she said she was only informed this on December 27. The witness was asked was it the same Transport surveyors who formed the opinion in December that the Pulupaki was seaworthy and who had now formed the opinion that the vessel is now unseaworthy? She said, yes. When 'Eleni was asked whether this raised concern on the ability of the Marine Director and Transport surveyors in properly carrying out their tasks, she answered that she had mixed opinions but added that they did their best with the technical capabilities they had. "So what are you going to do in this circumstance that this vessel sailed off given the so-called detainment?" asked Varitimos. She said she would follow the procedure of law and would speak with Crown Law. "No one brought to your attention that since Wednesday the MV Pulupaki had, in fact, sailed ?" 'Eleni answered no she left for New Zealand on Thursday returning on Saturday. "I suggest to you it was obvious on December 22, 2009 that Pulupaki was unsafe and unseaworthy?" 'Eleni did not think so and added that they hired Fakatou to conduct an independent survey of the Pulupaki. It was put to the witness that it was apparent from Fakatou's report on December 29 that it was unseaworthy? "He did not confirm that," she said. Are you aware that on December 22, 2009, Cabinet had a meeting because the Ports Authority General Manager Commander Lupeti Vi did not allow Pulupaki to return to Nuku'alofa port because he was of the opinion it was unseaworthy? She answered, no, she was not aware of that. The inquiry was told that since then Commander Vi had been reprimanded and directed to take three months leave and Cabinet then allowed the MV Pulupaki to come back to port. "I suggest you have known since October last year there were serious concerns with Pulupaki?" She said she knew about the deficiency list and she checked with the owner to see if matters were attended to and they worked up to December and then got Fakatou to conduct an independent survey. Varitimos put to her that the New Zealand expert's report dated January 2010 was extensive and there were serious matters that had to exist on December 22 and the report by Fakatou on December 29 made clear that Pulupaki was unseaworthy. "No, I don’t agree," she said. "Do you know the concept on unseaworthiness under the Act?" asked the counsel? 'Eleni said she did not remember off the top of her head but to her understanding it was a ship that was in an unsuitable condition that it cannot sail, like having certain deficiency. "Obviously a vessel that is not of a reasonable standard?’ asked the counsel, and 'Eleni agreed. "You are not concerned with the Pulupaki's seaworthiness?" asked the counsel. 'Eleni said that she was concerned with it but Fakatou in his report did not say it could not sail. "You bowed to political pressure to allow Pulupaki to sail after it was advised that it was unseaworthy?" Varitimos asked. "No, I did not bow down to political pressure. I was advised by staff and at no stage did they say to contain the vessel in December," she said. The extent of deficiency as reported by the New Zealand expert said the Pulupaki was beyond commercial repair. That was his opinion, she said. It was put to her that she had no regard to safety of the people in Tonga. "You are not interested in safety of people of Tonga who travel on Pulupaki?' asked the counsel. "That is totally untrue," said 'Eleni. "On October 7, 2009 you wrote a letter to Uliti Uata the owner of Pulupaki and raised seaworthiness concern and said safety was of the uppermost - is a critical contradiction as you continue to allow the Pulupaki to sail?" put the counsel, but the witness disagreed. "You have a duty to the safety of people of Tonga do you agree it was irresponsible of you to rely on incompetent advice?" 'Eleni said she relied on competent advice. "Do you accept you had duty to advise the Minister to take steps to detain a vessel that was unsafe? he asked. 'Eleni replied "Yes." She was then asked whether she accepted that she failed in her duties with regards to Pulupaki, she disagreed and asserted that she works very hard. "I suggest that the Transport and Government acted irresponsibly because the Pulupaki should have been detained in December last year," counsel Varitimos said. 'Eleni disagreed and said that they acted responsibly. She is set to appear again tomorrow, Tuesday January 26, to provide further documentation. |
harry_mudd 23:43 UTC 28 Jan 2010 | I doubt the Tongan Government will do anyhting at all. Every department is the same. The Dateline owes so much, but keep on changing their story from "Its the previous owners tax liability, not ours" to "We will pay next year". teh Tongan finance controller, asked me to write areport juist before i left, but I doubt if anything was done about it. (I feel i should publish the bloody thing). There are enough "advisors" from New Zealand and Australia to get things changed, but Tonga is Tonga. Paying taxes and fees is one thing though, no one dies if the tax thing flounders. I don't know how, but twe need to get a more serious attitude into the various ministers. The owner of this ferry could be prime example number one. Put him in a gaol until his attitude changes. | 1