A policeman, appearing as a witness, told the court on Wednesday, April 15 he saw the accused Police Inspector Hala'ufia strangling Kali Fungavaka on the neck and pushed a torch onto his chest when he was inside the watch house, at the Nuku'alofa Police station.

Paula Falevai said he was not on duty on the Friday night, of  17 August 2012, but was at the Crime Investigation unit, upstairs at the station, and on stand-by to assist the officer who was on duty.

He came downstairs and stood by the entrance to the complaint office and saw Kali Fungavaka was sitting with his back against the wall at the office area. Kali was swearing and Maile came and took Kali who struggled into the watch house.

At one point he moved from the entrance area and stood outside the half partition wall, looking into the watch-house for a short-time. “I saw another person being brought into the watch house, namely Tavake. Kali was sitting on the floor and when Tavake was brought in he sat on the floor and pulled Kali holding him to chest and held his mouth to stop him from swearing.”

The witness could not confirm when Hala'ufia entered the watch house but said he only saw Hala'ufia when he pulled out a torch and pushed it down on Kali’s upper chest area for about five seconds. “He did this twice and Kali was still swearing at him so he grabbed Kali's neck and he stopped swearing,” he said.

The police witness demonstrated the hold for the court. He said Hala'ufia strangled Kali's neck for around close to 20 seconds. “I saw Kali was uncomfortable because his face turned red and his eyes went wider. When Hala'ufia took off his hands Kali continued swearing immediately,” he said.

Duty-officers

A woman police officer Hina Tufulele who was on duty at the charge office in her evidence said that when Kali was brought into the station by Faletau and Maile, he was swearing.

She said the accused Maile threw Kali towards the wall at the complaint office hitting his back. He sat down leaning against the wall. Maile was about to punch him and Sgt Blake stopped him. Then Maile grabbed Kali and threw him from that wall area hitting the wall inside the watch house.

“Hala’ufia came in with another officer and Tavake and went into the watch house. I noticed Hala'ufia had something that looked like black torch or baton attached to his belt on his waist. I heard swearing still coming from the watch house and a banging sound like someone was being struck. I then heard Tavake apologise saying to please 'handle my brother properly because he's too drunk'. He repeated this more than three times.

The witness said she did not see any beating.

At the same time, another woman police officer Paea Takau, who was the officer on duty inside the watch house when Kali and Tavake was brought in to be searched, said she did not see any beating take place.

She told the court she only heard the sound of a slap like on a part of the body but she did not see who was slapped and by whom. “All I saw after I heard the slapping sound was Faletau rising up from where Kali was sitting on the floor,” she said.

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.