Two policemen released on bail as murder inquiry continues [1]
Monday, September 3, 2012 - 18:07. Updated on Monday, September 9, 2013 - 18:40.
Two Tongan policemen were released on bail this morning, after a decision was made by Tonga's Crown Law department not to lay manslaughter charges against them at this stage of a murder investigation, although the police commissioner had expected that the charges would be upgraded to manslaughter today.
The two policemen Salesi Maile and Fatai Faletau, who were being held on charges of common assault in connection with the death in custody of New Zealand Police officer Kali Fungavaka, received bail of $100 each with sureties of $80 each and are not allowed to travel outside of Tongatapu.
At the same time a civilian prisoner, Semisi Kalisitiane Manu remains in police custody, facing a manslaughter charge.
Police Commissioner Grant O'Fee at 2:00pm this afternoon said, that he had only just found out in the last half hour that the two police officers were not charged with manslaughter in court today as expected, and in fact they were given bail.
"It is a frustration that it has worked out this way, but it is the system that we have to operate within," he said.
"It is not my decision or any of my officers of what charge we lay, the decision is made by the Attorney General's office. And although the Acting Solicitor General was initially comfortable with our decision to charge them with manslaughter the Solicitor General, as he is quite entitled to, has decided to see more of the pathology report before he makes that final decision," he said.
"It was a surprise to me, and it is nobody's fault this confusion has come about simply that is the system under which we operate," he said.
"The charges against the coppers are back to the common assault at this stage, while the prisoner faces manslaughter."
Commissioner O'Fee said he was anxious that his staff should be treated the same as any other offender, and if the two police were bailed then, perhaps, so should the other person charged, "so that it measures up."
"The final decision is with the Solicitor General and he is entitled to ask for more information and that is what he is doing. We will be trying to get the information he needs from New Zealand as soon as we can to get clarity around it."
O'Fee said he had spoken to the father of the prisoner about the situation.
Solicitor General
Meanwhile, the Solicitor General, 'Aminiasi Kefu, said this afternoon that he had just returned to Tonga from an overseas trip and the decision not to proceed with manslaughter charges was made "because we have not received the full complete evidence. The autopsy report has not been provided so we have only verbal information at this stage,"
He said it was possible the charges would be reassessed when they had more evidence, and there were other important witnesses to be interviewed. "There are big gaps in the evidence."
The case of the two policemen charged with assault was adjourned until October 1 at the Nuku'alofa Magistrate's Court, when any upgraded charges might be laid.
"The Magistrate will fix a preliminary inquiry date or a direct committal to the Supreme Court," he said.
Operation
In the meantime Commissioner O'Fee said an operation by police outside Time Out Bar in the CBD last Friday night received 27 witnesses who came forward.
"This was a good operation and was a success," he said. "I am gratified that so many people have had the courage to come forward."
He said that he and the Prime Minister Lord Tu'ivakano, who is also Acting Minister of Police, both agreed that an inquiry into the culture of the Tongan police to address the broader issue of violence within the ministry would be helpful.
"We have not got into the finer detail of the inquiry and it will take some time to work through the terms of reference and membership," said O'Fee.
He was also planning to introduce CCTV cameras in the cell-block and processing area of the main police station.