A Tongan policeman who assaulted and raped a young woman while she was held in custody in a police cell on Christmas Eve 2005 was convicted of the offences at the Nuku'alofa Supreme Court today.

Latiume Fungavai, a Police Constable in his thirties from Niutoua was found guilty by Chief Justice Anthony Ford of one charge of rape and two charges of indecently assaulting a 25-year-old woman.

A judge only trial took place in July.

In passing his judgement this morning, the Chief Justice told the court the offence took place on December 24, 2005 in the number one cell at the Mu'a Police Station. The victim who was an estranged wife of another police officer at the station was arrested for drunkeness on the evening of this particular day. She was kept in a cell at the police station after her mother filed the complaint and was then attacked by the police officer in her cell while in their custody.

The Chief Justice told the court that he was satisfied with the victim's evidence and found her to be a convincing and truthful witness. "She was obviously placed under great pressure under the ordeal she was subjected to but she found courage to see the matter to the end."

He said that the defence raised two points relating to Law, which was the issue of identity of the attacker in the cell that night and the contradiction of the evidence by the Crown. But after considering all submissions made by the defence in relation to the facts he did not feel there was any substance to it. And in relation to the issue of identification he ruled that the victim correctly identified Latiume as the man who entered her cell.

Therefore the Chief Justice ruled that the Crown had proved beyond reasonable doubt the offence was committed and the police officer would be punished accordingly.

The Chief Justice adjourned his sentencing to September 14.

The Crown Prosecutor was Sione Sisifa and the counsel for the defence was 'Ofa Pouono.