Jury expected to retire in Tonga ferry sinking trial

Image of the sunken Tongan ferry, Princess Ashika. Photo / Royal New Zealand Navy

The judge in the Tongan ferry sinking trial is expected to finish his summing up this morning and the jury should retire this afternoon.

Yesterday in the Supreme Court in Nuku'alofa, Justice Robert Shuster told the seven jurors that "who to blame for this tragic incident" was not for their consideration because their focus must be based entirely on evidence presented in court in relation to the charges faced by the five defendants.

The five defendants on trial are the Shipping Corporation of Polynesia Ltd (SCP), Acting Director of Marine Viliami Tu'ipulotu, former SCP managing director New Zealander John Jonesse, the Ashika captain Viliami Makahokovalu Tuputupu and first mate Semisi Pomale.

They collectively face 30 charges with one similar count of manslaughter by negligence in relation to death of Vaefetu'u Mahe, 22, in the sinking of the MV Princess Ashika on August 5, 2009. Official figures confirm that 74 people were lost at sea when the ferry sank, and only two bodies were recovered.

The trial began on February 14.

Justice Shuster completed the first part of his summation yesterday, and told the jury he would complete it this morning, the Matangi Tonga website reported.

He said the jurors were the the sole judges of the facts in the trial and he was the judge of the law and they must accept his direction on the law.

"When it comes to the facts of this case it is your judgement alone to decide a guilty or not guilty verdict and you must only base your decision solely on evidence presented in court and not of anything else," he said.

The jurors must be sure of the evidence and when they were not sure then they should reach a not guilty decision. But he stressed their verdict must be unanimous.

Justice Shuster reminded jurors that the five defendants' choice to remain silent and not give evidence in court did not mean they were guilty.

"It is their right enshrined by law because the burden of proof is on the Crown to prove the charges against each defendant beyond reasonable doubt," he said.

- NZPA