Prisoners called for help for an hour, witness says [1]
Thursday, April 24, 2014 - 18:45. Updated on Saturday, April 26, 2014 - 22:09.
A prisoner who was detained in a cell at the Nuku'alofa Police station told the court today he saw through a mirror the accused Police Inspector holding Kali Fungavaka in a chokehold and two other officers punching the victim, while another accused officer later stomped on his head.
Before he proceeded with his evidence, Taniela Vaka, a Huatolitoli Prison inmate, asked the court on the 10th day of trial into Kali Fungavaka's death that he wanted to cancel his record of interview initially made to the police because he felt threatened when it was made.
He said his statement to the police was taken under threat made by a police officer he identified as CID Officer Siale. “He told me to state exactly what happened, and after I did, he told me to exclude it. He looked angry,” the witness told the court.
The Crown Prosecutor ‘Aminiasi Kefu asked him which statement then was the truth. He answered the truth was what he would give in evidence today.
Beating
The court heard when Kali was brought to the station on the night of August 17, 2012 the witness was detained in Cell 3. He was playing cards with other detainees inside the cell.
He said from between midnight to 12:30am he stood up to stretch and got a mirror the size of a music CD to look outside the cell for an officer to ask for a bathroom break.
At this time I saw in the mirror’s reflection many people in the front who looked like they were fighting. There was a person arrested, Kali, and the police had difficulty in restraining him.
He said the police officers in overalls struggled with the person arrested who was very drunk. “I saw one of the officers strangling the person arrested,” he said.
The witness demonstrated that the police officer stood behind Kali using his arm to hold him in a chokehold. They were facing his direction.
He then saw two other officers punching him. They stood behind the officer who was holding Kali in the chokehold manner but they had their backs to him. Kali gradually knelt down, he said.
The witness heard one of the male officers said to Kali to lie down in Tongan but he didn’t. “I heard Kali asking why were they beating him.”
Dragged
“The officers succeeded in getting Kali to lie down then I heard an officer saying to drag him into the cell. I saw the two officers in overalls each held onto Kali’s hands and dragged him facing up on the floor towards the entrance of the prison area. Kali said to these officers 'is this how you serve and treat your people'. I heard one of the officers say in Tongan to ‘shut up’,” he said.
At this time Kali continued to swear and struggled. He tried to lift his neck to get up and the witness saw one officer stomped his foot on Kali’s head hitting the floor. “He passed out and became quiet. I then heard a female officer PC Takau saying to the officers to drag him into Cell 7,” he said.
No response
The court was told after 30 minutes to an hour after Kali was put into Cell 7 the drunk detainees called for help. “They called to us to call out to the police to take the person in Cell 7 because he was in great difficulty. I called out to an officer for about an hour but there was no response. Afterwards an officer Lolomana’ia came and asked why I was noisy and I told him that someone in Cell 7 was in great need to be taken to the hospital,” he said.
The prisoner witness then in his evidence in chief pointed out the officer he saw who had stomped on Kali's head as the accused Maile, while identifying the accused Inspector Hala‘ufia as the one who held Kali in the chokehold.
The manslaughter trial of the five police officers continues next week, before Mr Justice Charles Cato at the Nuku’alofa Supreme Court. The Crown had anticipated concluding today, but they have another nine or ten witnesses to appear.
The Police Inspector Kelepi Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau who are tried by judge alone, have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.