Two officers guilty of violent assault of teen soldier at Neiafu Police Station [1]
Wednesday, November 29, 2023 - 20:52
By Linny Folau
Two Police officers, Penitiketo Latu and Taliai Tapueluelu, were found guilty of causing serious bodily harm to a young soldier, whom they kicked on the mouth, fracturing his jaw using their police boots, as he lay defenceless and unconscious, on the floor of the Neiafu Police Station, in Vava’u in 2021.
Acting Lord Chief Justice Tupou in a verdict on 24 November convicted them both at the Supreme Court, Vava’u Registry, after a trial in September.
The two police officers were each charged with causing serious bodily harm and, in the alternative, common assault committed on ‘Isileli ('Isi) Latu, who at the time was 19-years-old and an officer of His Majesty’s Armed Forces (HMAF).
Both defendants gave evidence.
The Prosecution called 10 witnesses, including police officers who were at the scene of the offence committed on 26 June, 2021.
Victim's apprehension
The A/LCJ stated that ‘Isileli had been drinking with colleagues at the Fangatongo army base after work. After consuming six cans of beer and some mixed liquor, he felt heavy and hungry and left to find food and it was starting to get dark. On his way he was engaged in a physical altercation with a male person who ran from him and into the Fire Department. 'Isi followed him wanting to fight.
Firemen, Hakalo and Officer Taifolau Vailea were on duty that night. They chased 'Isi away. Vailea said that 'Isi was swearing and wanted to fight. They tried to take him into the police station but he prevented them by holding onto the fire department fence. The fire department is located right next to the police station.
The first accused, Penitiketo Latu was on the steps at the entrance to the police station and saw the commotion. He went down to the take 'Isi inside. 'Isi resisted arrest and the second accused, Taliai Tapueluelu then came out to assist. They both took him inside the police station.
Kivalu Pita and Limoni Siasau were also outside on the steps of the police station and saw what happened. They both attested that Taliai came out to help Latu take 'Isi inside. Limoni said that when they both had him, ‘Isi was no longer resisting and willingly went inside with the officers. Officer Vailea also attested that when Latu took 'Isi from them, he was not resisting or swearing as he was taken in.
Findings
On the evidence, the Acting Lord Chief Justice found that on this evening 'Isi was drinking with colleagues at the Fangatongo army base, and when he left to look for food, he was intoxicated. On the way, he engaged in a physical altercation with a person who ran into the fire department. He followed the person into the fire department and when he could not find him, he was agitated and was swearing at the premises.
Latu who was outside at the police station, next door and observed what was going on. He went down to take 'Isi inside and it made no difference whether Taliai came and helped Latu take 'Isi inside or not.
“I believe Limoni and Vailea, that when 'Isi was being taken inside, he went willingly. Once inside the charge room, ‘Isi was told him he would be searched and placed in prison. 'Isi resisted and when Latu reached out to make him face the wall, he punched Latu hitting him on the chest. Latu punched him back hitting 'Isi on the mouth.
“Next, I find that 'Isi tackled Latu. Latu ducked and 'Isi hit Hopoi's arm first before hitting the counter. Hopoi got up and ran outside. Latu got hold of 'Isi’s top and held him face to face with 'Isi's back to the watch house. Taliai jumped up behind 'Isi and wound his right arm across his neck bringing up his left arm to hold 'Isi in a choke hold.”
Then 'Isi fainted and fell to the floor. Taliai and Latu dragged him inside the watch house, she said.
“Once inside the watch house, Taliai and 'Isi, fully uniformed with police boots on, kicked 'Isi's head around his mouth and jaw area. I find that those kicks caused the injuries described at paragraph 82 above sustained by 'Isi.
“I am satisfied that 'Isi was drunk, unconscious and defenceless when Taliai and Latu administered those kicks. I am convinced that under those circumstances, there was nothing to cause them to honestly believe they needed to use the force they did to defend themselves from an imminent attack by 'Isi. Therefore, the said kicks were nothing less than deliberate and intentional.”
The A/LCJ also stated that clearly, section 100 of the Police Act did not apply, rendering the kicks administered by Taliai and Latu unlawful.
“I am satisfied that the Taliai and Latu ought to have known that participating in the act of kicking 'Isi on the head, with their police boots on whilst he lay unconscious and defenceless on the floor, carried a real risk of some harm to him. I do not accept that the attack on 'Isi inside the watch house was by any measure in self-defense.
“I further find that Taliai and Latu dragged 'Isi to the bathroom and turned on the shower on him. That they used his top to wash him and then dragged and locked him up in prison cell #04. 'Isi was unconscious throughout this time.”
Horrific injuries
The A/LCJ stated that Taliai and Latu were required to prove their innocence, but she was minded to say that she found their evidence convoluted and unreliable.
The admission by Taliai that he intentionally left out vital information because he knew the matter would end up in court and that he would have recorded events accurately if it did not go to court; the written statements by both that they forced 'Isi onto the floor, searched him and then put him in prison; against the total tum about at trial.
The judge said that the attempt to shift the blame for the cause of the horrific injuries sustained by 'Isi as a result of their violent act of kicking him to the head while he was unconscious, making up a story that was different from their interviews and written statement and station diary record; then Taliai changing his story yet again in his statement, yet again, that after Taniela told them there was blood in the prison, was lamentable.
“In the witness box, they came across as disingenuous.
“However, I found 'Isi [the victim] and Kivalu to be credible witnesses whose evidence remained unshaken under able cross examination by the defence. ‘Isi readily admitted that his police statement contained things he did not say,” she said.
“I understood that the statement was prepared and given to him for signing. He was cross examined on this point to which he responded that his evidence on the day of the trial was his recollection of the truth. I believe him. I have considered he, at the time expressed that he did not want the matter to go to court. I accept that as a result he may not have considered the content of his police statement seriously.
“At the end of that statement, he expressed his wish not to press charges. He did not defend his actions and admitted he was drunk and hard to control. He readily volunteered he threw the first punch. At the end of his evidence at the trial, he still expressed that it was not his wish to prosecute.”
“As for Kivalu, he was by the door of the charge room and observed the incident there in full view. Similarly, he was in close proximity to the violence in the watch house and witnessed what occurred there. Most of his evidence was verified in part by different witnesses at various points such as:
- that he saw 'Isi faint under Taliai's choke hold. 'Isi confirmed this. Relevant is Limoni's police statement that he saw 'Isi unconscious inside the watch house;
- that Latu took 'Isi to the prison cell is verified by Hopoi and Latu's statement recorded by Talamai, Taliai's entry 96 in the station diary and police statement; that Taliai and Latu used 'Isi's top to wash the blood off him was verified by Latu under cross examination; that he used ‘Isi's top to wipe the blood in the watch house was verified by 'Isi's evidence that he woke up without a top and was given one by Taliai before they took him to the hospital;
- that after checking 'Isi was alive in the watch house he went outside and shortly thereafter Taliai and Latu returned in a vehicle is verified by entry 98 of the station recording that Taliai left in the police vehicle and returned in entry 103; that 'Isi was taken to the shower from the watch house is consistent with Limoni, Fifita, Taliai and Latu's evidence.
“The versions as to who took 'Isi to the shower vary, I accept Kivalu's version,” she said.
“In addition, Taliai's police statement and Latu's interview with Talami; that 'Isi pushed his jaw up in the cell was verified by 'Isi's own description of when he pushed his mouth he felt electricity like shock go through his body,” stated the A/LCJ.
"Hopoi, Taniela and Fifita also did not observe the physical altercation between 'Isi and Latu or the attack inside the watchouse. Those who were witnesses to the relevant incidents were 'Isi, Kivalu, Limoni, Taliai and Latu; that Taliai and Latu used 'Isi 's top to wash the blood off him was verified by Latu under cross examination; that he used 'Isi 's top to wipe the blood in the watch house was verified by 'Isi’s evidence that he woke up without a top and was given one by Taliai before they took him to the hospital; that after checking 'Isi was alive in the watch house he went outside and shortly thereafter Taliai and Latu returned in a vehicle is verified by entry 98 of the station recording that Taliai left in the police vehicle and returned in entry."
Guilty
Meanwhile, Hopoi, Taniela and Fifita did not observe the physical altercation between 'Isi and Latu or the attack inside the watch house. Those who were witness to the relevant incidents were 'Isi, Kivalu, Limoni, Taliai and Latu.
“I considered Hopoi a truthful witness for the most part but tended to adapt to her colleagues evidence when she was not so sure about things. I found her evidence that she helped Latu push his jaw up credible notwithstanding 'Isi's evidence that it was Latu. Taliai confirmed that Hopoi told her about pushing up ‘Isi’s jaw and her request for 'Isi to be taken to the hospital.
Taniela came in after 'Isi had been placed in the prison cell. It was on his orders that 'Isi was thankfully taken to the hospital, otherwise things may have been different for 'Isi.”
The A/LCJ also found Limoni's record of interview consistent with 'Isi and Kivalu's evidence in relation to Latu kicking ‘Isi on the head and 'Isi’s condition when he was lying on the floor in the watch house.
“Against his evidence about Fifita taking 'Isi to the shower, I prefer Kivalu's evidence that it was Taliai and Latu who dragged 'Isi to the shower and then to the prison cell as discussed above. In observing him in the witness box he appeared nervous. I put it down to a poor recollection due to the lapse of time,” she said.
The Acting Lord Chief Justice therefore concluded that she was satisfied beyond any reasonable doubt that the Prosecution had proved all of the elements alleged in Count 1 of the indictment against both accused.
“I therefore find Penitiketo Latu and Taliai Tapueluelu guilty and they are convicted of serious causing bodily harm as charged.”
They will both be sentenced on 15 February 2024.