Crown alleges detainee punched Kali Fungavaka [1]
Monday, May 19, 2014 - 18:17
The jury trial for the civilian accused of manslaughter in relation to the death of New Zealand Police officer Kali Fungavaka in 2012, began today, Monday May 19 at the Nuku’alofa Supreme Court.
Semisi Kalisitiane Manu who was a detainee in prison cell 7 when Kali was taken into custody at the Nuku’alofa Police station on the night of August 17, 2012 had pleaded not guilty to manslaughter with grievous bodily harm as an alternative charge.
The Crown Prosecutor ‘Aminiasi Kefu told the jury it was their case that Kali’s death was caused by the actions of six people.
He said five were the accused police officers that had completed their trial last week with verdicts on hold until the conclusion of this trial. The sixth person is the accused Manu who was now on trial.
The Crown alleged that the accused Manu had punched Kali on the face during an argument inside cell 7. Kali fell on his back hitting the back of his head hard on the cement floor. This fall caused his brain to violently jolt rubbing against the skull, causing contusions that included swelling and bleeding to the bottom part of his brain.
Major injuries
The Crown Prosecutor said the main element of their allegations is that Kali’s death was caused in two parts.
He said the first part involved the five policemen working in a joint enterprise and committed the assaults on Kali that resulted in the major injuries that caused his death. These assaults began from when Kali was first arrested in front of the Timeout Bar, to the entrance of the prison cell area at the police station.
After the assaults by the policemen Kali was put into prison cell 7. “You will hear evidence that Kali got up and argued with this accused Manu inside the cell. The result of their argument was the accused punching Kali on the face causing him to fall on his back hitting his head on the cement floor. His brain shook causing damage to the bottom part of brain that contributed to the cause of death.”
He said a pathologist from New Zealand who examined Kali’s head and brain would state that the three significant injuries to the main cause of death were the skull fractures, subdural hemorrhage and contusions to the interior of the bottom part of Kali’s brain.
The Crown submitted the third injury to the bottom part of the deceased's brain was caused by the punch from Manu. Kali fell landing hard on the back of his head because he was drunk and unsteady.
However, the first major injury on top of Kali’s head which caused the skull fractures, which affected the brain, causing the subdural hemorrhage was caused from the assaults by the accused policemen.
“You will hear evidence of the assaults by the policemen on different parts of Kali’s body. When he was taken to the cell he was still alive although he passed out. He woke up inside the cell and continued to swear, which led to his argument with this accused.”
After Manu punched Kali he was in a critical condition up to when he was taken to the hospital in the early morning of August 18, 2012. Kali later died on the evening of August 23, 2012, the court heard.
The Crown called its first witness 'Inoke Vi, who was a member of the Police Tactical Response Group that arrested Kali on the night.
The trial is expected to take three-weeks began with the selection of a seven-member jury before Mr Justice Cato.