Police witness saw Kali Fungavaka choked and stomped on [1]
Wednesday, April 23, 2014 - 18:36
A Police Constable told the Supreme Court today he saw the accused Police Inspector hold the victim Kali Fungavaka in a chokehold, inside a watch house room, while another accused officer later stomped on the victim's head when dragging him to the prison cell, at the Nuku'alofa Police Station.
PC Tokemoana Tongamoa, a Crown witness on the ninth-day of trial into Kali’s death at the Nuku'alofa Supreme Court said he was working on shift at the charge office on the night of August 17, 2012, when Kali was held in custody.
He said when Kali was brought in the station he was drunk and could not control himself because his behaviour was aggressive. This made it difficult for the police officers to restrain him before he was put in the prison cell.
The witness said he did not see Kali being brought into the station but he heard noises including someone swearing as he was in another room. He came to the watch house and stood near the entrance and saw Kali and another person Tavake were already inside sitting on the floor.
He said the officers were also inside including Police Inspector Kelepi Hala’ufia who was wearing the police dark blue overalls and was standing from behind Kali while two other officers in the same overalls were also there.
Kali who was drunk was struggling and aggressive. He attempted to stand up when Hala’ufia grabbed him from behind in a chokehold to make him sit down, he told the court.
The Crown Prosecutor ‘Aminiasi Kefu asked the witness how long the accused held Kali in the chokehold. He answered for over three seconds.
“When he grabbed Kali in the chokehold I saw Kali's facial skin colour turned darker than normal and when Hala’ufia released him he became quiet for a short while before returning to his aggressive behaviour.” The police officers who were inside the watch house tried to conduct the search, he said.
The witness who went inside the watch house, said at one point he was assisting a female police officer Takau with the paperwork, while Hala'ufia tried to carry out the search on Kali assisted by two other officers.
He saw Hala’ufia trying to take off Kali’s shoes but Kali was still aggressive. “I did not see anything else in regards to Kali after this because another officer gave me the key to open prison Cell 7 for Kali to be put in. I went to the prison cell area and took off the lock but I did not open the door and left the bolt in,” he said.
Stomping
The police witness said he then came and stood at the prison cell hallway at Cell 4 when he saw two members of the Tactical Response Group (TRG) the accused Maile and Faletau, dragging Kali who was facing up on the floor by holding each of his arms.
“When they got to the area beside the staircase before they proceeded into the entrance of the prison cell area I saw Maile stomped his foot on Kali’s head causing it to hit the floor…. it was a stepping motion of Maile kicking down Kali’s head which hit the floor and he stepped to the other side,” he said.
The Crown prosecutor asked him, according to what he saw, would he say that Maile knew what he was doing? I believe so, answered the witness.
“Before the stomping Kali was still speaking when they were dragging him but after the stomping and when his head hit the floor he did not say anything.” Kali looked like he was passed out drunk. Maile and Faletau continued to drag Kali into the prison cell area and put him into Cell 7, said the witness who remained watching from where he stood at the prison cell hallway.
Police Inspector Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.
The trial which began on April 8 continues before Mr Justice Cato this week.