Suspended sentence for policeman who assaulted Kali Fungavaka [1]
Tuesday, July 29, 2014 - 17:44
Former Police Constable Fatai Faletau (36) was sentenced today to eight months imprisonment, which was suspended in total in relation to the death of Kali Fungavaka in 2012.
Mr Justice Cato sentenced him on one charge of assault committed inside the watch house on the night of August 17, 2012 when the victim was taken into custody at the Nuku’alofa Police Station.
The judge had initially acquitted Faletau of manslaughter and the alternative count of grievous bodily harm but convicted him on this lesser count of assault.
The court heard during the sentencing that Faletau had in his probation report acknowledged responsibility.
The judge asked him in court whether he had indeed accepted the verdict and he answered, yes. "His admission makes a great deal of difference in approaching his sentencing," the judge said.
The assault was committed inside the watch house when he stood on the deceased's groin area while searching him and trying to take off his belt and shoes, as Kali was resisting. The other assault was a punch to the victim, outside the area in front of the Langafonua centre when he was led to the station, but the witness was unsure where the punch landed, the court heard.
Faletau and his other police co-accused had used unreasonable force. His counsel Sione 'Etika had categorized his action as excessive but it did not reach the major brutality level as his other two co-accused did, which had led to Kali’s death, said the judge.
Mr Justice Cato then ordered the conditions of his suspended sentence were that he must no commit any further crimes for a two-years, and undergo 110 hours of community service. "This is a clear message to police officers that this type of conduct will not be tolerated," he said.
On July 9, the judge had sentenced Police Inspector Kelepi Hala’ufia to 11 years imprisonment and Constable Salesi Maile to nine-years imprisonment, with their final years suspended for their manslaughter conviction.
Kali Fungavaka, a New Zealand police officer, who was arrested outside a bar in the CBD for drunkenness, was fatally injured at the Nuku'alofa Police Station on August 17, 2012.
He later died at Vaiola Hospital on August 23, 2012.