Tu’ungafasi Polelei Falakiseni was demoted from his rank as Superintendent of Police as penalty for breach of discipline when American, Dean Jay Fletcher charged with murdering his wife escaped custody and fled on his yacht from Vava'u in September 29, 2016.

He was reduced one rank down to Chief Inspector in a judgment from a Police Board on August 9, after receiving recommendation from a Police Employment Committee.

Presided over by Hon Justice Cato, Lord Tupou and ‘Alisi Taumoepeau, the board ordered Supt. Falakiseni's rank be reduced to Chief Inspector of Police due to breach of discipline pursuant the Tonga Police Act 2010; breach of Rule of the Police Rule 1958 and Code 8.3 and 8.5 of the Tonga Police Code. However, his salary will remain the same as what he was getting as Superintendent of Police, which is $39,842.92 per annum on salary Band I ($30,240 - $45,360).

Escape

The board said Falakiseni who was Officer in Charge at the Vava'u Police District, made a decision to allow Fletcher (54) to be kept out of a prison cell and keep him in a Criminal Investigation Unit (CIU) room both day and night. This decision was made knowing that Fletcher was high risk of escaping as he had tried to do so on July 10, 2016.

At approximately 4:30am on September 29 Fletcher escaped from custody. He got on his yacht "Sea Oak" before police became aware.

Falakiseni was informed of the escape at about 4:45am and their boats including police boat "Kapakau 'o Tafahi" were engaged in the chase of the yacht but failed to apprehend him.

"The escape has caused huge embarrassment to the Tonga Police, Government of Tonga and Kingdom of Tonga. Further, the deceased's family is still deprived of the justice for the brutal murder of their loved one."

Fletcher was reported to have arrived with his wife Patricia Linne Kearney on their yacht in Vava'u on May 26. The yacht was moored in the Neiafu Harbour. On July 7, Fletcher went to the police station and reported that his wife died on their yacht and information gathered by police confirmed that he assaulted her. He was arrested on July 9 and taken to the Magistrate charged with manslaughter, where he was remanded in custody to be brought to court on July 11.

However, it was revealed that on Sunday, July 10 Fletcher made his first attempt to escape but was caught by police after he had jumped into the sea to swim to his yacht. He was kept in the police cell until August 12. During that time he was allowed in and out to the yard to exercise and read his book. He was also allowed to contact his lawyer and friends in Vava'u by phone.

The board said on August 12, Falakiseni directed for Fletcher to be brought to the CIU room and a bed be made for him on the table where he will sleep. He said this arrangement was meant for only one night but Fletcher stayed in this room up to the date he escaped. His decision to put him in the CIU room instead of the cell was because of the noise and swearing in the cell, which then held seven people who were arrested because of drunken behaviour.

Negligence

Meanwhile, an internal investigator's first report submitted on December 30, 2016 to PEC, identified seven police officers including Falakiseni to be considered on their performances or lack of, that allowed Fletcher's escape.

After receiving more information, PEC on October 3, 2017 made a decision that Falakiseni be issued with a Notice of Loss of Confidence. While, two police officers reprimanded to provide a written reply and placed in probation for six-months, one was issued with a written reprimand then freed from disciplinary process, one was placed on six-months probation and the last police officer was released from the disciplinary process.

Falakiseni was informed in the notice that PEC was considering recommending to the Police Board to terminate his appointment with Tonga Police under the Tonga Police Act.

"This was based on gross negligence as Officer in Charge, Police District 5 that allowed Fletcher who was charged with the brutal death of his wife, to escape. Fletcher's escape from police custody was directly linked to his negligence, lack of judgment, lack of direction and oversight, not expected from an officer of his rank and experience."

"Falakiseni admitted the allegations against him and apologized and confirmed that it was his carelessness with his duties that enabled Fletcher to escape, while remanded in police custody." He pleaded to PEC to reconsider terminating his employment. 

There was no secure place in Vava'u to hold a prisoner like Fletcher. There was lack of manpower at the time and police officers had to work long hours. We feel that the Authority should address and find a remedy to these promblems, said the board.

Reviewed penatly

Meanwhile, on July 13 this year PEC met after instructions sought by Senior Crown Counsel James Lutui reviewed its position regarding its referral to the Police Board.

"PEC reviewed it's finding in particular and importantly, the fact that there was no corruption involved, his honesty and cooperation during investigation, his taking full responsibility for what happened and his unblemished record of 34-years of service." 

PEC modified its recommendation to reduction in rank and as Chief Inspector, Falakiseni will then be paid under Salary Band ($30,240 - $45,360) starting at the minimum point i.e. $30,240.

The board disagreed with the salary reduction.

"As we see in section 63 (1) (c) (1) the penalty to impose is the reduction in rank or salary. As a matter of statutory interpretation when the word OR is placed between "reduction in rank" and "salary" this means one or the other, not both as this will have the effect of a double punishment for the same offence which is not allowed under clause 12 of the Constitution."

His salary will remain at what he was getting as Superintendent of Police.

"Application for extradition made to Hawaii was denied and it appears that Fletcher, as an American citizen, is free from his crime alleged in Tonga."