A prisoner told the jury-trial for the civilian accused Semisi Kalisitiane Manu in the death of Kali Fungavaka, that he saw Manu punch the victim inside cell 7, causing him to fall banging his head hard on the floor. 

Another prisoner alleged to have witnessed beforehand the police beating up Kali, “like treating an animal”.

Sione Vaomotou the Crown’s 10^th witness is a prisoner who is currently serving his imprisonment sentence for manslaughter, at the Nuku’alofa Central Police Station.

He is detained in Cell 5 and is tasked by police to clean the station, which allows him to get in and out of his cell in order to carry out his duties, including providing water to detainees.

The court heard on the night of August 17, 2012 the prison cells were crowded with people arrested for being drunk.

Police beatings

The prisoner witness in his evidence in chief said he was standing at the hallway of the cell area outside cell 4 talking to detainees inside.

He said close to 1:00am during their conversation he heard noises like a fight at the front of the station. “I looked out to the watch house and saw four police officers arresting Kali. I walked up to see and stood at the wall between cell 2 and 3 at the cell area hallway, and I saw Kali being punched on different parts of his body apart from his face,” he said.

The court heard the officers were also kicking Kali while the Officer-in-Charge of the station Ashley Fua was standing at the door. “I was concerned because Fua did not do anything to stop what the officers were doing. He just went up the stairs,” he claimed.

He said shortly after he saw the accused Police Inspector Kelepi Hala’ufia hold Kali on the neck in a chokehold position from behind, in the middle of the doorway to the watch house. He forced Kali down on the floor and then the other officers Faletau and Maile showed up and held Kali on each of his arms.

The witness said they held Kali up with their might “and then Maile stomped down on Kali’s face. Maile did not push down the head but kicked down causing Kali’s head to slamp on the floor. To me it was like treating an animal,” he told the court.

“These two officers then turned to walk away but a female officer Takau called out to take him to the cell. They proceeded to drag Kali towards me at the prison cell hallway so I went into my cell.”

They left Kali outside cell 6 and two other officers Lolomana’ia and Tongamoa put Kali in cell 7. 

He said when he was in his cell he later heard an argument from cell 7. He went out to look and saw Kali was lying on the floor in a different position from when he was put into the cell. “I told the officers Lolomana'ia and Tongamoa to bring Kali out from that cell so myself and Lolomana'ia lifted Kali and took him out,” he said.

“Kali was put in cell 6 and was lying on a piece of cardboard box on the floor. I returned to my cell and later heard his moaning like he was vomiting,” he said.

The prisoner witness said he went to help Kali and turned him on his side. He did this for about four times so as to prevent Kali from sufffocating in his own vomit.

“It was around the fourth time I went there and lifted his head and laid it down on a plastic Fanta bottle that I realised his head was injured. I saw blood on my hand and I could feel inside the skin at the back of the head. I did not notice any blood on Kali when I helped drag him out of cell 7,” he said.

The court then heard from witness that he talked with the accused Manu later on September 7, 2012 at the station when Manu was arrested for this case. He said Manu had admitted to punching Kali inside cell 7 during an argument.

“He told me that he fought with Tavake first and during the fight he heard swearing when he turned to see Kali had stood up feeling his head while swearing.....I started the conversation with the accused. No one instructed me to start this conversation with him about this. It was my own doing,” he said.

Tavake was the other person that was arrested together with Kali outside Timeout Bar.

Cell punch

Meanwhile, another Crown witness Heamani Lopeti who was serving a three-month sentence at the Nuku'alofa Police Station and assisting Vaomotou with the cleaning, said from around midnight to 1:00am on August 18, 2012 he was in cell 6.

He saw the officers Maile and Faletau drag Kali and leave him outside cell 6. He saw Maile stomp on Kali's chest and his head hit the floor and they left him there for about 20-30 minutes. 

The other two officers Lolomana’ia and Tongamoa then showed up and dragged Kali into cell 7.

Kali was lying on the floor before the same officers brought Tavake who had blood on his face into that same cell. Tavake challenged anyone for a fight in the cell. “Manu got up and punched him straight away and I called to Manu to stop punching him because I felt sorry for him because he was drunk. At this time Kali was still lying down on the floor,” he said.

The witness said his cell door was open and he was standing outside the cell 7 door in the hallway. “I then saw Kali stood up but he was weak and was leaning forward saying to Tavake and Manu to stop it twice. I saw Manu punch Kali and he fell back on his back and his head landed with a big bang on the floor,” he said.

"It was a very big sound....we called for help to the police for an hour for someone to come and take Kali to the hospital but no one responded", said the prisoner witness.

The jury-trial continues next week with the evidence of the Crown witnesses at the Supreme Court.