Police witness saw Fungavaka struggling

Police witness saw Fungavaka struggling [1]

Nuku'alofa, Tonga

Tuesday, April 15, 2014 - 17:45. Updated on Tuesday, April 15, 2014 - 17:55.

A woman Police Constable has told the court that one of the accused officers had attempted to punch Kali Fungavaka, while another held the top collar of his shirt and pushed his neck against the wall, when he was in custody at the Central Nuku'alofa Police station in the early morning of Saturday August 18, 2012.

Constable Susana Langi, in her evidence in chief as the Crown's seventh witness, told the Nuku'alofa Supreme Court on Monday April 14 that she was on duty registering charges made at the public complaint office at the station on the night of Friday, August 17, 2012 when Kali was taken into custody.

She said around 12:30am on August 18, 2012 she was sitting at her desk and heard swearing coming from outside.

Shortly after she heard the slamming of the door at the counter area and two officers, namely the accused police constables Maile and Faletau, were bringing in a man whom she later learnt was Kali Fungavaka. When they came in Kali fell on his back, hitting the back of his head on the floor, close to where she was sitting. “He fell because he struggled,” she said.

Kali lifted his head while he was still lying on the floor and continued to swear at the two officers. Maile came up and held up Kali’s head in an attempt to punch him but Sgt Lose Blake who was the officer in charge of their shift stopped him and told him to handle the man properly and take him in to be searched. Maile stepped off and turned to go and at this time the accused Inspector Hala’ufia, who she saw was carrying a black torch in his hand, came in with another officer and a civilian she knew later as Tavake, she said.

“When Tavake was brought in he knelt over over Kali telling him to be quiet but that did not stop him. I heard Hala'ufia ask Maile and Faletau who were still standing there why was Kali still left there and went into the watch house. ...The accused Maile and Faletau held each of Kali's arms and dragged him on the floor into the watch house. After they went into the watch house I continued my work,” she said.

The witness alleged that Hala'ufia first went inside the watch house, Tavake went in second, followed by Maile and Faletau with Kali.

“I turned to continue my work and I heard Tavake say: 'please handle my brother properly because he's too drunk', coming from inside the watch house."

The Crown Prosecutor 'Aminiasi Kefu asked the witness, when she heard Tavake saying this to the police officers, "to please treat my brother properly because he is too drunk", what was her understanding?

She replied that maybe they were beating him or kicking him.

She said she continued to do her work and then she heard a thumping sound like it might be something being smashed on the wall. She stood up walked over, stood on her toes and looked inside to the watch house from outside the partition and noticed Fungavaka was sitting on the floor with his back against the wall and legs stretched out on the floor while Tavake was kneeling.

The court was told at this time Hala’ufia was standing over Kali holding the top collar of Kali's shirt and was pushing his neck against the wall, twice.

“I saw one of the accused officers take off one of Kali's shoes. All of the five accused were inside the watch house at this time with other officers and there were around three officers standing at the entrance door to the watch house but I can't recall who,” she said.

She was asked when she was standing outside the partition wall to the watch house whether she saw the Acting Officer-in-Charge Ashley Fua.

The witness said when she got up Fua was not there but she did see him before she got up. “Around 10 minutes after Kali was taken into the watch house I noticed Fua walk up and he stood outside at the entrance door to the watch house.” Kali and Tavake were already inside the watch house together with the five accused officers and other officers at this time. She did not notice when Fua left.

Injuries

She told the court when she came back to her desk and continued her work she still heard the swearings. Around 4:00am I had asked about Kali to another officer who told her he was injured but it was minor and that he had put him in cell 6, from cell 7, she said.

The court was told by the witness that the last time she saw Kali was when he was brought out to be taken to the hospital. “I saw blood on the right side of his head and a bruise on his left, upper chest area. When Kali was brought into the station he was wearing a black t-shirt and jeans but when he was taken out he had no shirt on and was wearing different pants,” she said.

On being questioned on what she thought of the manner Kali was being treated when he was brought into the station to the end. The witness said to her own saying when they arrested him they did not treat him properly. “My reason for this I think may be if they had put him in handcuffs his life would be safer,” she said.

“if Kali was handcuffed when he was brought into the charge office he would not have fallen and they would have just led him straight to the watch house.”

The witness completed her evidence yesterday afternoon.

Officer-in-charge

Meanwhile, the Acting Deputy Police Commissioner Ashley Fua who was the acting officer in charge of District 1 on August 17, 2012 said in his evidence in chief on April 9, that the only time he saw Kali was when he was escorted on foot to the station by Maile and Faletau.

He said around 11:30pm on the night he was standing outside at the east entrance of the station close to Talamahu Market talking with two other people, including a civilian ‘Onitulei Manu, when he heard swearing coming from the other side of the station near the Prime Minister’s Office. He stepped onto the sidewalk and saw the two police officers leading a man on foot, whom he later learned was Kali Fungavaka.

He said he saw Kali was trying to pull back his arm from the officers' grip and was dragging his legs on the ground and was swearing all the way into the station.

When they approached the entrance into complaint office he walked along the sidewalk outside the building. “When I got to the western entrance the Tactical Response Group (TRG) vehicle arrived and parked just outside the entrance door that is why I did not pay attention to Kali because the vehicle was parked in front of the entrance to bring in drunk people that included Tavake, who I later learned was arrested with Kali,” the court was told.

He said Hala’ufia and other members of the TRG got off with Tavake. “I talked with Hala’ufia and another man. Hala'ufia explained to me that Kali was led on foot to the station because they were worried if he was put into the vehicle he might damage the vehicle because of his aggressive nature at the time.”

Fua said at one point during their conversation, Hala’ufia went into the station and came back moments later. He estimated it might have been around 5-10 minutes but he did not know where Hala'ufia went, he only knew he went into the station. “I still heard swears coming from inside the complaint office but I did not know from whom,” he said.

The witness said he was still standing outside when the duty officers left to continue their operation, before going into the station and up the stairs to his office.

“When you went and passed through the complaint office did you see Kali or Tavake?” asked the Crown Prosecutor.

Fua said, no because he believed they had already been put into the cell at this time.

He also said he did not look into the watch house because it is a cubicle and when one climbs up the stairs it was from behind.

The manslaughter trial of five police officers, before Mr Justice Charles Cato continues at the Nuku'alofa Supreme Court.

Police Inspector Kelepi Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau who elected to be tried by judge alone, have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.

Kali Fungavaka [2]

manslaughter [3]

manslaughter trial [4]

Tonga police [5]

Justice Charles Cato [6]

Tactical Response Group [7]

arrested [8]

From the Courts [9]