Dispute over Ellington
THE Fiji Roads Authority says that Ellington Jetty is a public facility owned by the authority which Patterson Brothers Shipping cannot obstruct. FRA chief executive Jonathan Moore was commenting on a complaint by rival company Goundar Shipping Services Ltd that its vessel, Lomaiviti Princess, was blocked by a Patterson vessel from berthing at Ellington on Sunday.
Mr Moore said Patterson shipping’s conduct was obstructive as they do not own the public infrastructure, nor did they own a lease on the Ellington Wharf property.
“By blocking the Lomaiviti Princess from safely berthing at Ellington, Patterson shipping is obstructing the safe docking of a vessel and this is an offence under the maritime laws,” Mr Moore said.
“Ellington Jetty being a public facility, Patterson shipping is also infringing the public’s right of way to enter and exit from a public place.
“The RORO (roll on roll off) ramp is on State land reserved for FRA’s use and by blocking access Patterson is also interfering with FRA’s interest in the land and infrastructure at Ellington.”
Mr Moore said FRA had written to the Maritime Safety Authority of Fiji (MSAF), alerting MSAF of Patterson’s infringing conduct.
“MSAF has various enforcement powers and we and other stakeholders are waiting for MSAF to enforce these powers on site to allow Lomaiviti Princess to safely berth at Ellington and off-load its passengers,” he said.
Maritime Safety Authority of Fiji CEO Captain Philip Hill said the issue was between FRA and Patterson and that comments were to come from the FRA.
He said the authority had nothing to do with the issue arising from Ellington. Patterson shipping’s spokesperson David Patterson says no one can “piggyback” on their hard work and capital expenditure at Ellington Wharf.
Mr Patterson was commenting on Patterson shipping’s controversial blocking of rival vessel Lomaiviti
Princess at Ellington Wharf last weekend.
He said there was no jetty at Ellington.
“If there was a jetty there then ships would berth alongside or parallel. The (Patterson vessel) MV Spirit
of Altruism was berthed at a boat ramp and not a jetty.
“Fiji Roads Authority is responsible for roads including jetties. If there is no jetty in Ellington, how can Ellington come within the responsibility of FRA?
“Does FRA have the right to tell us to remove our vessels from our private boat ramp and allow a competitor to berth there?
“However, FRA has no right to tell us how to manage our shipping operations from our private boat ramp.
“FRA has no title under its name. We, Patterson Shipping constructed the boat ramp with Fiji Sugar Corporation (as lessee to the State) approval, supported by the Ministry of Primary Industries via letter dated June 19, 1984, Marine Department via letter dated June 13, 1984 and the Ports Authority of Fiji via letter dated June 14, 1984,” he said. Mr Patterson said the boat ramp was built for special purpose RORO vessels like the MV Spirit of Altruism, MV Spirit of
Love and MV Spirit of Harmony. “It is a licence to operate the ramp,” he said.
Mr Patterson said on statutory construction and fact, the boat ramp was not a public jetty under the Fiji Roads Authority Act.
“It is a private concrete boat ramp that belongs to us,” he said.
“We own two ramps, one in Buresala and the other in Ellington, both excluded under FRA’s Annual Management Plan 2018-2019.”
Mr Patterson said the public were not obstructed in any way.
“There was no hindrance to the public’s right to access. In fact, members of the public are free to enter the MV Spirit of Altruism to sightsee. Vehicles egress and regress Ellington Road at will up to the boat ramp,” he said.
He said Parliament never intended that the FRA Act would allow FRA to covet another person’s asset.
“No one can piggyback or free-ride on our hard work and capital expenditure. If this is compulsory acquisition then the State must compensate us for the work done since the ramp’s construction in 1984 to-date.”
“If the Fiji Roads Authority CEO has reason to believe that Patterson shipping is acting illegally, then what is stopping them from prosecuting Patterson Shipping in Court?
“Goundar Shipping should do the same and let the Court decide.”
Goundar Shipping Service Ltd managing director George Goundar says they will take the matter to court.