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Policemen acquitted of manslaughter [1]

Nuku'alofa, Tonga

Wednesday, April 29, 2015 - 18:05.  Updated on Thursday, April 30, 2015 - 08:53.

Two Police officers were acquitted of manslaughter, and alternative charges of causing grievous bodily harm and common assault by Mr Justice Cato, in the Nuku'alofa Supreme Court yesterday, 28 April.

Mr Justice Cato acquitted Sosefo Masalu and Samisoni Taufa of manslaughter and the alternative charges, because the Crown was unable to prove beyond reasonable doubt that the accused had caused the death of 'Inoke Pepa at the village of Vaini on the morning of November 16, 2012.

According to a press statement from the Office of the Acting Attorney General, the judge was satisfied that the accused Masalu, in trying to grab hold of Pepa who was running away had caused both of them to fall on the road, and the deceased's head hitting the hard surface of the road, causing the skull fracture which he eventually died from.

The alleged kicking of the deceased's head by the accused Taufa left the court in some doubt as to the credibility of the evidence, given the uncertainties and the inconsistencies in the evidence, "it could not be satisfied beyond reasonable doubt that Taufa had kicked the deceased's head.”

Mr Justice Cato said the Crown had done the right thing in bringing these charges against the accused, especially when there was prima facie evidence of the allegations that an individual had died due to excessive use of force by police.

"It is in the public’s interest that such allegations are tried in an open and transparent manner before the courts.

"This was a difficult trial which involved difficult issues to determine, and evidence being heard for three-weeks commend both the prosecutors and defence counsel in conducting the trial."

The Crown was represented by 'Aminiasi Kefu and Susana Fineanganofo with Sifa Tu’utafaiva and Sione Taione for the accused.

manslaughter [2]
policemen [3]
'Inoke Pepa [4]
Sosefo Masalu [5]
Samisoni Taufa [6]
Mr Justice Cato [7]
'Aminiasi Kefu [8]
From the Courts [9]

Source URL:https://matangitonga.to/2015/04/29/policemen-acquitted-manslaughter

Links
[1] https://matangitonga.to/2015/04/29/policemen-acquitted-manslaughter [2] https://matangitonga.to/tag/manslaughter?page=1 [3] https://matangitonga.to/tag/policemen?page=1 [4] https://matangitonga.to/tag/inoke-pepa?page=1 [5] https://matangitonga.to/tag/sosefo-masalu?page=1 [6] https://matangitonga.to/tag/samisoni-taufa?page=1 [7] https://matangitonga.to/tag/mr-justice-cato?page=1 [8] https://matangitonga.to/tag/aminiasi-kefu?page=1 [9] https://matangitonga.to/topic/courts?page=1