Tonga’s Director of Public Prosecutor, James Lutui, has determined that the government’s Friendly Islands Shipping Agency (FISA) will not face prosecution following the imprisonment sentence of former captain Viliami Makahokovalu Tuputupu.
Mr Lutui was responding after Kaniva News asked whether FISA should be held to account for allowing Mr Tuputupu to operate the vessel without a valid license.
As we reported last week, Tuputupu was sentenced on November 18, 2024, after being convicted of two charges related to his role on the government’s MV Otuanga’ofa vessel. He was found guilty of violating maritime regulations by setting sail with excess passengers on board and operating the vessel without a proper certificate.
The news sparked public outrage, with many being quick to link the incident to the MV Ashika tragedy, which sank a few kilometres away from the capital, Nukua’ofa, claiming 74 lives in 2009.
Mr Tuputupu was the captain of MV Princess Ashika. However, many of the online community’s concerns target FISA’s role as operator of the MV Otuanga’ofa.
Many asked why FISA initially permitted Mr Tuputupu to sail the vessel.
Responses
Mr Lutui said that after reviewing the information from the police investigation into Tuputupu’s offence with the MV ‘Otuanga’ofa, it was determined that there were no grounds to hold FISA accountable.
In Tongan he said: “na’e fakahoko ‘a e sio ki he ngaahi fakamo’oni na’e tanaki mai mei he fakatotolo ‘a e kau Polisi, ke vakai’i ai pe ‘oku ‘iai ha fakamo’oni fe’unga ke faka’ilo ‘a e kautaha vaka (FISA) ki he hia tatau pea moe ‘Eikivaka. ….’i he hili ange ‘a e vakai koia, na’e aofangatuku ai ‘oku ‘ikai ke ‘iai ha fakamo’oni fe’unga ke kaunga faka’ilo pea moe FISA”.
He provided no further details.
Meanwhile, FISA’s boss, Dr Sione Ngongo Kioa, told Kaniva News that the government’s shipping agency was taking action after Mr Tuputupu’s sentencing, without giving any further details.
It is unclear whether he was referring to an appeal against Mr Tuputupu’s sentencing or any other legal procedure.
In 2020, Tonga’s Supreme Court found the Master of the MV Onemato, a private vessel owned by the people of Eua Island, guilty of allowing the vessel to sail with excess passengers.
Kaniva’s comment:
Tonga has faced criticisms regarding its track record in handling shipping and maritime activities.
The sentencing of the former MV Otuanga’ofa captain last month was the latest episode in a troubling pattern of necessary changes not being implemented.
As we reported recently, Tonga’s former Ombudsman reported that FISA purchased a 34-year-old vessel with “17 deficiencies” and paid the owner “three times” its worth.
The then Ombudsman ‘Aisea H. Taumoepeau said that in February 2014, Pacific Royale Shipping, owned by the Ramanlal brothers, who were close friends of the late King George V, sold the former St Theresa vessel to FISA for NZ$936,500. The vessel was then renamed the MV Niuvakai.
The MV Niuvakai became a financial liability after it became clear there were insufficient goods for it to transport, which was its primary purpose.
After three years of the purchase, the Niuvakai was finally put up for sale.
As we reported last year after a crew member came forward, Prime Minister Hu’akavameiliku Siaosi Sovaleni was allegedly on board MV St Theresa to check whether the old ferry was fit for purchase. We contacted Sovaleni for a comment at the time.
Despite repeated mechanical failures during the voyage from Nuku’alofa to the Ha’apai group, Sovaleni, who was not Prime Minister at the time, and his delegation still recommended that the government purchase the St Theresa.
The vessel has been anchored near Pangaimotu Island opposite Queen Sālote Wharf in Nuku’alofa for over a year.
It is understood it is no longer operational, but there are staff working there as security guards.
