Scottish QC held over ferry tragedy

Lord Ramsay Dalgety, who moved to Tonga in 1991, was the third person to be arrested this week during the investigation into the sinking of the MV Princess Ashika ferry in August, when 74 people died.

Among the dead was Daniel MacMillan, 48, from Islay, who lived in New Zealand.

The Matangi Tonga newspaper reported a "bit of a verbal exchange" between Lord Dalgety and the police before he was driven away in a patrol car. Last month, Lord Dalgety said he would not be made "the fall guy" for the disaster.

Lord Dalgety, an admiralty law specialist, moved to Tonga in 1991 and is secretary of the Shipping Corporation of Polynesia, which operated the ferry on behalf of the government. He is a former director of Scottish Opera.

In 2008, Oxford and Sandhurst-educated King George Tupou V made him a law lord and privy counsellor with the title "Lord Dalgety of Sikotilani Tonga" (Lord Dalgety of Scotland).

Lord Dalgety went sick after one day of questioning last month.

On his return yesterday, he was repeatedly questioned about his responsibility for the disaster, in particular failing to order an independent survey of the ferry which he last month admitted was a "rust bucket".

Manuel Varitimos, the assisting counsel, said: "I'm suggesting at no stage did you advise anyone associated with Shipping Corporation that they should conduct an independent survey or an independent valuation. Is that correct?"

Lord Dalgety replied: "Yes, in these bald – in these bald, stark terms, that's right."

Mr Vartimos continued: "Well, Lord Dalgety, do you accept that you must take some responsibility for this disaster?"

Lord Dalgety replied: "No."

Mr Vartimos repeated the question: "You consider you don't have to take any responsibility whatsoever for the disaster. Is that right?"

Lord Dalgety replied: "No."

Next, Soane Foliaki, a lawyer acting on behalf of the family of Salesi Havli, one of the disaster victims, went on to question Lord Dalgety, who holds a number of posts in Tonga including chairman of the country's Electricity Commission.

He said: "You've accepted that you may have at the very least vicarious liability as a board member of the Shipping Corporation."

Mr Foliaki asked that if the same tragedy had happened in Scotland, then "would you be removed from any and every board that you would sit on simply because you have been tainted with your conduct which resulted in the sinking of the Ashika and so many people died?"

He went on: "If this had happened overseas and not Tonga, you'd be required to resign every official post that you would hold, even if you were a judge. That's what would happen in Scotland, wouldn't it?"

Lord Dalgety replied: "I couldn't answer that. I've been away from Scotland for 20 years."

Questioning to establish the "character of the witness" also focused on the possible misuse of public funds in Lord Dalgety's overseas business trips for the Electricity Commission where he stayed in five-star hotels and travelled first-class to Singapore and Vietnam, accompanied by a female secretary.

Reasons for Lord Dalgety's arrest will be revealed on Monday. Viliami Tuputu, the ferry's captain, arrested earlier this week, was told he could face 15 years' imprisonment.

Last August, King Tupou provoked outrage by flying to Scotland hours after the disaster to take the salute at the Edinburgh Tattoo and for his three-month annual holiday in Scotland.