By Linny Folau

Taliai Tapueluelu (36) and Penitiketo Latu (27) are serving two-years in prison for serious causing bodily harm, when in Neiafu they repeatedly kicked a defenceless man on the head, in what the Acting Lord Chief Justice described as an outrageous abuse of police powers, when sentencing them.

On 8 March, the two men were sentenced by Acting Lord Chief Justice Tupou at the Supreme Court in Nuku’alofa, after they were found guilty and convicted in November last year.

In summary, on the evening of 26 June, 2021, the victim ‘Isileli Latu (‘Isi) an officer of His Majesty’s Armed Forces (HMAF) walked pass the Neiafu Fire Station intoxicated. He got involved in an altercation with a third person who ran from him and into the fire station.‘Isileli followed calling out and inciting a fight. He caused a commotion despite being directed by the firemen on duty to leave.

The A/LCJ stated that the first defendant, police officer, Penitiketo Latu, who was on duty that evening heard the commotion outside the fire station. The police station is located next door. Latu came out and took control of ‘Isi. Once inside the charge room, Latu told ‘Isi to face the wall in order for him to be searched. ‘Isi resisted and Latu scuffled with him.

Also inside the charge room was the second defendant, Police Officer Taliai Tapueluelu and another officer who were on the same shift with Latu. Latu then said that ‘Isi was hard to control. Tapueluelu joined in the scuffle, wound his right arm across ‘Isi’s neck and then brought up his left arm to hold ‘Isi in a choke hold. ‘Isi fainted and fell to the floor. 'Isi was then dragged inside the adjoining room, referred to during the trial as the watch house. Then while, ‘Isi lay unconscious and defenceless inside the watch house, Latu and Tapueluelu administered kicks to his head around his jaw and mouth area causing him serious injuries.

Serious injuries

The doctor had described to the court, ‘Isi’s injuries as: “a trismus (when patient has restricted capacity to open their mouth), odynaphagia (difficulty in swallowing), bilateral fracture (fracture on both sides of the jaw), displaced unfavourable fracture of the right body and left angle of the mandible (when plasm and tissue are pulling the bone away), in a favourable fracture, (meaning the skin and tissue can still hold the bone together), step in the occlusion 44 and 45 (fracture on right teeth 44 and 45- where when the patient bites), malocclusion on the left molars (teeth not touching) and parsthesia of the left angle of mandible towards the lower mandible (numbness of that area).”

The defendants then placed ‘Isi in the shower to wash the blood off him and his clothes. Then he was dragged and placed inside a prison cell until around 11:00pm, when he was taken to the Prince Ngu Hospital.

On 29 June 2021, ‘Isi was referred to Vaiola Hospital in Tongatapu for treatment and the attending doctor said that ‘Isi’s injuries were consistent with a blunt object applied to the face with force. In his experience such injuries, especially unfavourable fractures were rare. He had seen two or three in his working life and recalled one occasion where the injuries were sustained as a result of a motor vehicle accident.

The treatment ‘Isi received was an open reduction internal fixation which involved putting in screws to stabilise his jaw and insertion of plates to assist with healing. There were on-going reviews thereafter to ensure progress and during the trial, ‘Isi said that the plates and wires had all been removed and most things were back to normal except for bouts of forgetfulness.

Police beating

The Crown submitted the aggravating factors were: offending constituted a serious breach of the defendants’ duty as police officers; this was a group attack; targeting of the victim’s head; them wearing police officer boots when they committed the offending; the victim was unconscious at time of offending and the serious injuries he sustained and the second defendant’s admission to the offending after trial. Their only mitigating features were being first time offenders and remorse.

The A/LCJ stated that the victim, who is currently abroad on the seasonal fruit picking scheme, explained he was free of pain and discomfort in his jaw, but still experienced shocks from his hand to his head and temporary black-out visions. He confirmed that Latu had apologized to him, which he accepted, but received no apology from Tapueluelu.

The Crown put forth that a custodial sentence was appropriate with a starting point of three-four years imprisonment consistent with Hu’ahulu; for their lack of previous record and remorse, a discount of 12-months be given; and for the final 12-months to be suspended, leaving a final sentence of two-years imprisonment.

The court was also told of Latu's admission to a history of domestic violence involving alcohol. He had previously been subject of a protection order taken out by his wife for violence against her. His wife reported he changed after that incident. The Probation Officer noted that during his interview, the defendant admitted he still consumed alcohol with his peers.

Where as, Tapueluelu was ranked a Senior Constable at the time of suspension for this offending. He had previously been appointed as acting supervisor in Vava’u and Niuatoputapu. Tapueluelu admitted to the offending during his interview and expressed his remorse and regrets for taking the Court’s time in trial. He asked for mercy and leniency. The probation officer ranked him as “low risk” of re-offending and recommended a partially suspended sentence.

The maximum statutory penalty for serious causing bodily harm is five-years imprisonment.

Abuse of police powers

Meanwhile, the A/LCJ stated that a custodial sentence was appropriate in this instant case.

“Anything less would amount to an encouragement or implicit acceptance of this kind of conduct from police officers who should be held to a higher standard of conduct and discipline.

“In this instant, when ‘Isi was dragged into the watch house, he was already unconscious. He was no longer a threat to either the defendants. When they were alone in that room they acted as a group and brutally administered the attack to his head causing the horrific injuries he suffered. There was no provocation from ‘Isi inside the watch house. The statutory powers of Tonga Police are for the prevention and detection of crime. This was an outrageous abuse of those powers.”

She regarded to the seriousness of the offending, the relevant comparable sentences, the principles referred to above, the importance of imposing sentences, which adequately reflected the community’s denunciation for this type of violence and the need for personal and general deterrence, she set a starting point of three-years imprisonment.

“For the breach of society’s expectation of protection and safety from police officers in the community and especially in their custody, the officers’ disregard of the victim’s injuries and failing to ensure he received reasonable medical care in a timely fashion and the residual impact of the injuries on the victim, I lift the sentence by 12-months, resulting in four-years imprisonment. For the defendants clear criminal record, remorse and years of service in the police force, I deduct 12-months, resulting in a final sentence of three-years imprisonment,” stated the A/LCJ.

However, both defendants received partial suspension, after she considered and accepted many factors including their chance for rehabilitation. 

Latu and Tapueluelu were then sentenced to three-years’ imprisonment, with the final 12-months suspended for two and a half-years on conditions. They are now serving two-years in prison. Failure to comply with any of those conditions may result in the suspension being rescinded and they will be required to serve the balance of their sentence, ordered the A/LCJ.