In the weekend Tonga's last remaining ferry, Pulupaki, was declared unseaworthy but this was overruled the Minister of Transport, Noble Nuku, who allowed it to sail.
The revelation came at a royal commission investigating last year's ferry sinking.
The commission also heard the former Tongan attorney general says the kingdom is ruled by a culture of fear in which cabinet ministers ignore the rule of law.
The claim came from Malia Taumoepeau, who was also justice minister. She was giving evidence as the commission heard increasingly bizarre evidence that another ferry arrested last week for being unseaworthy is now sailing again under ministerial orders.
She said the public sector was fearful of the government.
"But in my view respect and fear are not the same and blurring them fosters bad decisions at all levels of government and this threatens the rule of law," she said.
The royal commission has issued warnings that if the ferry sails today senior officials will be arrested and could face up to 15 years jail for allowing an unseaworthy vessel to go to sea.
Taumoepeau was asked if she could comprehend how a Minister of Transport could allow a ferry to sail knowing that it had been declared unsafe.
"Knowing what goes on in ministries, in government ministries, if there was a direction from the minister or he agrees that what is done should be done, normally they would do it and find a reason to do it."
This would happen even if the ministerial order was unreasonable or irrational.
"They will bend over backwards to do what they're directed to do because they would either be told to go on leave or investigated or suspended or something," Taumoepeau said.
"They will bend over backwards to follow directions."
She said as attorney general she tried to get ministries to remember there was a Crown Law Office.
Instead ministers followed their own advice, even if Crown Law said their actions were against the law.
She said Prime Minister Feleti Sevele forced her out of cabinet because he did not like her advice on the independence of the judiciary.
Later in the hearing the acting director of marine, Viliami Tu'ipulotu, told the gathering that Pulupaki had been allowed to sail despite being under arrest because it could rescue a small oil tanker with a broken rudder.
In cross examination it was revealed that the Pulupaki may not have gone to the tanker, but instead to the northern Ha'apai group.
Counsel assisting the commission, Manuel Varitimos, asked Tu'ipulotu: "Have you been offered a bribe by any person to allow this vessel to sail, or an improper payment?"
He replied "no".
As the commission sat yesterday afternoon Varitimos announced that Pulupaki, rather than being on a rescue mission, was in Ha'apai "as we speak, passengers are getting on board...."
Tu'ipulotu replied he had given the owner instructions not to load passengers or cargo.
Varitimos asked that the witness leave the court and attend to the emergency and return this morning with evidence of what he had done.
"Yes, I try my best, sir," Tu'ipulotu replied.
"No, not try your best. If you're not here at 9.30 tomorrow morning, steps will be taken to arrest you - do you understand that?" Varitimos said.
Source: IslandBusiness.com
