Police witness saw Fungavaka struggling [1]
Tuesday, April 15, 2014 - 17:45. Updated on Tuesday, April 15, 2014 - 17:55.
A woman Police Constable has told the court that one of the accused officers had attempted to punch Kali Fungavaka, while another held the top collar of his shirt and pushed his neck against the wall, when he was in custody at the Central Nuku'alofa Police station in the early morning of Saturday August 18, 2012.
Constable Susana Langi, in her evidence in chief as the Crown's seventh witness, told the Nuku'alofa Supreme Court on Monday April 14 that she was on duty registering charges made at the public complaint office at the station on the night of Friday, August 17, 2012 when Kali was taken into custody.
The court was told by the witness that the last time she saw Kali was when he was brought out to be taken to the hospital. “I saw blood on the right side of his head and a bruise on his left, upper chest area. When Kali was brought into the station he was wearing a black t-shirt and jeans but when he was taken out he had no shirt on and was wearing different pants,” she said.
On being questioned on what she thought of the manner Kali was being treated when he was brought into the station to the end. The witness said to her own saying when they arrested him they did not treat him properly. “My reason for this I think may be if they had put him in handcuffs his life would be safer,” she said.
“if Kali was handcuffed when he was brought into the charge office he would not have fallen and they would have just led him straight to the watch house.”
The witness completed her evidence yesterday afternoon.
Officer-in-charge
Meanwhile, the Acting Deputy Police Commissioner Ashley Fua who was the acting officer in charge of District 1 on August 17, 2012 said in his evidence in chief on April 9, that the only time he saw Kali was when he was escorted on foot to the station by Maile and Faletau.
He said around 11:30pm on the night he was standing outside at the east entrance of the station close to Talamahu Market talking with two other people, including a civilian ‘Onitulei Manu, when he heard swearing coming from the other side of the station near the Prime Minister’s Office. He stepped onto the sidewalk and saw the two police officers leading a man on foot, whom he later learned was Kali Fungavaka.
He said he saw Kali was trying to pull back his arm from the officers' grip and was dragging his legs on the ground and was swearing all the way into the station.
When they approached the entrance into complaint office he walked along the sidewalk outside the building. “When I got to the western entrance the Tactical Response Group (TRG) vehicle arrived and parked just outside the entrance door that is why I did not pay attention to Kali because the vehicle was parked in front of the entrance to bring in drunk people that included Tavake, who I later learned was arrested with Kali,” the court was told.
He said Hala’ufia and other members of the TRG got off with Tavake. “I talked with Hala’ufia and another man. Hala'ufia explained to me that Kali was led on foot to the station because they were worried if he was put into the vehicle he might damage the vehicle because of his aggressive nature at the time.”
Fua said at one point during their conversation, Hala’ufia went into the station and came back moments later. He estimated it might have been around 5-10 minutes but he did not know where Hala'ufia went, he only knew he went into the station. “I still heard swears coming from inside the complaint office but I did not know from whom,” he said.
The witness said he was still standing outside when the duty officers left to continue their operation, before going into the station and up the stairs to his office.
“When you went and passed through the complaint office did you see Kali or Tavake?” asked the Crown Prosecutor.
Fua said, no because he believed they had already been put into the cell at this time.
He also said he did not look into the watch house because it is a cubicle and when one climbs up the stairs it was from behind.
The manslaughter trial of five police officers, before Mr Justice Charles Cato continues at the Nuku'alofa Supreme Court.
Police Inspector Kelepi Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau who elected to be tried by judge alone, have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.