Tonga is to pay an unspecified amount to the family of the late Kali Fungavaka who was killed in Tonga in 2012 while in police custody. 

A deed of settlement was reached by the Crown and the estate of the late Kali Fungavaka, after a Supreme Court declaration on Thursday, 3 March in Nuku'alofa.

The Acting Attorney General ‘Aminiasi Kefu said the declaration made by the Supreme Court under clause 103A of the Constitution was the result of a civil case lodged by Mrs Audra Watts, the administrator of the estate of her late husband, Kali Fungavaka.

He said after the court declaration, the Crown then entered into a deed of settlement with the estate of the deceased to compensate them for their loss, related out of pocket expenses and legal costs.

“That deed of settlement is confidential between the parties but it was based on achieving justice for both parties,” he said.

Frank Hogan of Auckland who represented Audra commended the Crown for taking its stand and allowing justice to be served and providing closure for Mrs Watts.

He said Watts acknowledged the entitlement of Kali’s five children to the settlement provided by the Crown and she will within one month take steps to set up an appropriate trust or trusts for the children.

‘Aminiasi said there was satisfaction for both sides after this tragic incident.

“The Crown and Tonga Police are doing everything it possibly can to provide the appropriate training and resources to police officers to avoid any repeat of this incident.”

Conviction

Kali who was of Tongan origin and a New Zealand police officer who was visiting Tonga for the funeral of his father, died on 23 August, 2012 at Vaiola Hospital after he was assaulted by certain police officers and a civilian while in custody at the Central Police station on the night of August 17 to the morning of August 18, 2012.

The five police officers and civilian involved in the assaults were charged and prosecuted in 2014. Two police officers were convicted of manslaughter and one police officer was convicted of common assault, while the civilian was convicted in a separate trial by a jury trial with causing grievous harm.

The two police officers convicted of manslaughter were sentenced to 11 years imprisonment, with one-year suspended, and nine-years imprisonment, with one year suspended, respectively.

The police officer convicted of common assault, and the civilian had received fully suspended imprisonment sentences.