A witness in the trial into the death of New Zealand Police officer Kali Fungavaka yesterday, April 9 told the court that she saw Kali Fungavaka being punched while he was led on foot from Timeout Bar on the night of August 17, 2012 in central Nuku'alofa.

Hauoli Vi, the third witness for the Crown, said she was sitting inside her vehicle parked between Friends Café and Langafonua Center opposite the Timeout Bar and Reload Bar on Taufa'ahau Road, after getting there with friends before 10:00pm.

She alleged that around four to five police officers got off a police vehicle in front of Time Out Bar. Shortly afterwards she saw the policemen crowding into someone in front of the bar and one of them threw punches. They had their backs to her, so she could not see which one, but it was a police officer wearing dark blue police overalls. She then saw three people leading the person in front of Time Out Bar and they crossed over to the front of Langafonua Centre on the other side of the road and walked on the sidewalk.

The court was told by the witness that at this time she was sitting on the right side at the back behind the driver's seat. When they crossed the road she moved to the left side to see clearly because she was curious and only saw two police officers struggling with the man. “They were walking toward our direction in a slow motion because the man being led was making it difficult for them, as he was trying to get loose from their grip,” she said.

She said they were still struggling to lead the person and the officer who was closest to the road raised his hand holding, what she thought was a long black shiny object, and brought his hand down on the man causing him to fall on his knees. She estimated this took place close to a gate into Langafonua, which was around 10-15 metres from where she was sitting in her vehicle.

When the officer allegedly raised the black object which went down on the back of the man's head and shoulders, he fell on his knees. They continued to struggle again and the officer who was close to Langafonua threw a punch on the man's right side causing him to stumble almost hitting Langafonua's fence, she said.

The witness said the two officers lifted the man up again and walked closer to her vehicle on the sidewalk. She said the two officers were surprised to see there were people inside the vehicle. “I heard the man being led saying 'what did I do, what have I done, why are you doing this to me?' and he kept saying this as they crossed in front of our vehicle. I did not see them again,” she said.

The witness identified in court that the officer she allegedly saw lift his hand holding the black object was the accused Maile, and the other officer who threw the punch was Faletau. During cross-examinations by defense counsel in the afternoon, the witness maintained what she saw on the night.

The witness who left for New Zealand the following week after the incident said she later learnt of Kali Fungavaka's name on the news on television.

Manslaughter charge

Police Inspector Kelepi Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau are being tried by judge alone after pleading not guilty to manslaughter with an alternative charge of grievous bodily harm, before Mr Justice Charles Cato.

Kali died at Vaiola Hospital on August 23, 2012 after he was fatally injured while in custody.