Sentencing of the two policemen convicted of the convicted of manslaughter in the death of New Zealand Police Officer Kali Fungavaka in 2012 has been adjourned until next week, on Wednesday, July 9 at the Nuku'alofa Supreme Court.

Today Mr Justice Cato adjourned the sentencing of Inspector Kelepi Hala’ufia and Police Constable Salesi Maile to be delivered on July 9 together with the civilian accused Semisi Kalisitiane Manu who was convicted of grievous bodily harm.

There was a full courtroom, including the victim's family members from New Zealand, to hear start of the sentencing proceedings this afternoon. The judge told the court that he would make his formal sentencing for next week and would hear submissions today and needed time to reflect on it.

The third policeman Fatai Faletau who was found guilty on a lesser charge of assault will be sentenced on July 29 so the judge can get his probation report.

Submissions from the Crown Prosecutor 'Aminiasi Kefu this afternoon included the reading out of two victim impact statement reports. 

Cally Ruahe, Kali’s ex-wife and mother of his five children, of whom four were present in court, read out the children's victim report. The family were wearing matching t-shirts in memory of their father's name.

The prosecutor read out the victim statement from Kali's current wife Audra Watts Fungavaka, who was not present.

The victim's mother Rosemary, his extended family, the Police Commissioner Grant O'Fee, his deputy and other members of the public attended.

Mourning

Cally told the court that on August 23, 2012 she and her children arrived in Tonga to be by their father's side at Vaiola Hospital and nothing prepared them for the moment they saw Kali in his condition. She said the children did not even have the opportunity to have one last night by their father's side, instead his life was ripped from them forever.

“My children have endured many sleepless nights weeping for their father with so many questions running through their young minds - who could do such violent act to such a loving and humble man. I have two sons with special needs one is autistic and the other with preventive delayed disorder. Their minds still to this day could not comprehend why their father is no longer here on this earth,” she said.

“My son constantly tells me that his father was killed by policemen. For the last two years I am awakened every night by my daughter’s crying and I sleep by her side until she falls asleep….They say time heals all wounds but after my experience with my children who are still mourning the loss of their father I have come to the conclusion that it would take a lifetime for my children’s wounds to heal.”

She said her children had to take up counseling to try help them through their pain of loosing their idol, a man they looked up to and loved.

“Kali loved his children more than anything on this earth and now he could never see them graduate from school or celebrate their birthdays….Your thoughtless actions were inhumane and has affected my life and my children’s life forever. My children will forever live with the fact that their father was brutally beaten by men of authority,” she told the court.

“You have brought shame onto the Kingdom and to your own family. But most importantly you have torn the lives of my babies, Kali’s babies. You have robbed my children of continuing life without the protection of their father.”

Loss

The court then heard from Audra’s victim impact statement which was read out by the Crown Prosecutor.

Audra recalled the start of the worst experience of her life when she waited at the Auckland airport for her husband to return only to find out he was in Vaiola hospital.

“When I finally contacted the hospital it tore my heart as I did not hear words but groans from him, imagine how helpless I felt being in another a country while my husband was lying in a hospital bed because police had put him there,” she said.

She said that on seeing the bruises and his body on life support she wailed. She hoped and prayed that her husband would pull through as he was a strong fit and healthy man with a huge heart, but she saw he was not improving.

Audra, who is also a police officer, said she asked family to get his children to Tonga because he was a devoted dad who loved them immensely, but Kali died not longer after.

She said the worst day of her life was the day she had to bury her husband who was a son, a devoted father, a brother, a cousin, a friend, a leader, mentor, sportsman and a fellow police officer.

“We were burying a man who was loved and respected by many people who listened and supported which is what he enjoyed doing. The worst time day of my life was burying the man I love my husband and my best friend....I stayed out of the media since Kali was buried almost two-years ago because I had nothing good to say about what happened. There was nothing nice about the last year that I, family, friends but especially his kids have endured living wihout Kali. I can speak of how much I loathe the men who took my husband life but what would that accomplish?” she said.

She found it hard to understand how could someone, who was standing on the side of the road waiting for a sober driver to pick them, deserve to be arrested.

“Kali was not fighting in the street, he was with a family member waiting for a ride home. This is no way in our eyes as policemen an offence that warrants an arrest, that is why I know Kali questioned and argued with the Tongan police, because for a New Zealand police officer police brutality was not tolerated and it required good reasons to arrest someone. I hated the fact that during the trial I heard numerous times of Kali asking them what he had done wrong and not one of out of all police officers there took the time to explain to Kali, but using their fists to shut him up and it seemed this how these police officers explained things,” she said.

Imprisonment

The Crown Prosecutor submitted to the judge a starting point to consider for his sentencing of Hala’ufia to be 10-12 years imprisonment.

For Maile a starting point of 8-10 years imprisonment, and for Faletau starting point of 8-9 months.

Hala'ufia and Maile were remanded in custody for sentencing, while Faletau is on bail.