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Home > Prisoner used mirror to see beating of Kali Fungavaka

Prisoner used mirror to see beating of Kali Fungavaka [1]

Nuku'alofa, Tonga

Monday, April 28, 2014 - 17:53.  Updated on Tuesday, April 29, 2014 - 17:09.

A 21-year-old prisoner detained in a cell on the night Kali Fungavaka was brought into the custody told the court today, he used a piece of mirror and saw police officers in overalls beating Kali Fungavaka in front of the search room at the Nuku'alofa Police station.

Crown witness, Filomila Kaufusi who is currently serving time at Hu’atolitoli Prison, said on the 12th day of trial into Kali’s death at the Supreme Court that on the night of August 17, 2012 he was in Cell 4 with other detainees.

He said when Kali was arrested at the station, he stood from inside the corner of his cell and used a circular shaped piece of mirror to look out to the front of the search room when he saw police officers in overalls beating-up Kali. The beating was punching and strangulation, the court heard.

The prisoner witness said the police officers had their backs to him at the prison cell area while Kali was facing him. There were four of them, he said.

Beating

The Crown Prosecutor 'Aminiasi Kefu asked the witness to explain how Kali was strangled. He demonstrated that the officer who was in overalls used his right arm and held Kali’s neck for around five minutes then Kali went down.

He said the officer when strangling Kali was facing him to the prison cell area and he was able to see his face clearly. He pointed him out in court as the accused Inspector Hala'ufia.

The court was told that another officer punched Kali on the chest and stomach and he was one of the three who had their backs to the prison cell area where the witness was watching with the mirror.

He said he saw this officer's face clearly but did not know this person prior to this night. He had blonde hair and pointed him out as the accused Vakalahi in court.

Two officers then dragged Kali by holding each of his hands to the area close to the entrance to the hallway of the prison cell area. Kali was lying on the floor facing up and one of the officers who was standing close to the staircase used his boot and stomped down on Kali’s face. Before the stomping I saw Kali had tried to raise his head up and after the stomping he did not move, the witness said.

He said after the stomping he saw Kali was passed out drunk and unconscious. He had no shirt on but was still wearing his pants when the two officers dragged him to Cell 7 accompanied by another officer Lolomana’ia.

The Crown Prosecutor asked the witness whether he knew the name of this officer who did the stomping. He said yes, as he knew him before from drinking kava at Havelu and had seen him driving around a police vehicle in the same village. He pointed to the accused Faletau in court.

He said Faletau and another officer he identified in court as the accused Maile were the two who dragged Kali into Cell 7.

Cross-Examination

The defense counsel ‘Ofa Pouono in his cross-examination put to the witness whether he accepted that his recollection was incorrect in regards to his evidence that he saw three officers who had their backs to him when he looked through the mirror to the door of the watch house because three would not fit in the space in the front. The witness said no he did not accept this.

Who told you the three were police officers? asked the counsel. He answered he saw them using the mirror and reiterated there was no mistake to what he saw.

The counsel put to him that Vakalahi said he did not punch Kali on any part of his body on this night. The witness said he did see Vakalahi punching Kali.

The manslaughter trial continues this week with the Crown now anticipating to finish calling its witnesses tomorrow, April 29.

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

Kali Fungavaka [2]
manslaughter [3]
accused policemen [4]
From the Courts [5]

Source URL:https://matangitonga.to/2014/04/28/prisoner-used-mirror-see-beating-kali-fungavaka

Links
[1] https://matangitonga.to/2014/04/28/prisoner-used-mirror-see-beating-kali-fungavaka [2] https://matangitonga.to/tag/kali-fungavaka?page=1 [3] https://matangitonga.to/tag/manslaughter?page=1 [4] https://matangitonga.to/tag/accused-policemen?page=1 [5] https://matangitonga.to/topic/courts?page=1