A SENIOR police officer, sent to prison for one year for assaulting and injuring a man in custody in 2008, was told by Tonga's Chief Justice on Friday that the sentence would deter other police officers from taking the law into their own hands.

Viliami Toki (41) from Niuafo'ou, residing at Ngele'ia in Tongatapu, was sentenced in the Nuku'alofa Supreme Court to two years imprisonment with the last year of his sentence suspended for three years upon release. This meant that Toki would serve only one-year-imprisonment effective on May 21.

A jury of seven found Toki guilty last month on the three charges of causing bodily harm and two common assault charges.

Toki had served 19 years in the Tonga Police Services.

Kicked on forehead

The court was told that Toki repeatedly assaulted Manu Lolohea who had escaped from police custody at the Nuku'alofa Police Station on December 16, 2008.

At the sentencing Chief Justice Ford said Toki was the Senior Officer at the Police Station when police apprehended the escaped detainee. He said Manu's hands were tied to his back with a rope and he was carried from the police car and put on the floor of the charge office at the station. Toki then put his own handcuffs on Manu then punched and assaulted him while he was on the floor.

The Chief Justice referred to the evidence given by a 22-year-old police constable who told the court that he saw Toki punch Manu on the face and he fell back on the floor. Toki then continued to kick him on his chest and forehead. The court was told that the only thing Manu was able to do was apologise to Toki.

Evidence showed that the handcuffs Toki used were a kind that became tighter when the victim moved. After being stopped, Toki went home with the keys of the cuffs, but the victim who was taken to his cell asked for the cuffs to be removed because it was too tight.

A police officer went and got Toki from his home because he had the key. When Toki came to the prison cell Manu asked to go to the toilet but Toki told him there was no such thing as going to the toilet and the cuffs remained on until the next morning. He again assaulted Manu in his cell by punching him on the jaw, and also standing on his handcuffed hand.

Chief Justice Ford added that it was not until the next morning when two New Zealand Senior Police Officers came to work that they heard Manu calling for help. They gave evidence that they had never seen such tight cuffs that caused severe swelling on the victim's wrists. They arranged for the cuffs to be removed.

Police violence

"The evidence tells a sorry tale and I have seen cases before me in court that showed evidence of historical violence in the Tonga Police. I suspect you are from that old school", said the Chief Justice.

He said that court now recognises a change in that pattern with the police becoming more accountable and highlighted that this was a pleasing development.

The Chief Justice told Toki that it took one month and a half for the victim's injuries to heal. The probation report said that he had accepted the jury's verdict and was remorseful, which was good to see.

The Chief Justice stressed to the former Lance Corporal that the police were not above the law, "the laws are there and the police must obey them."

Deterrent

He acknowledged that all police officers who gave evidence against Toki should be given full credit and he wanted this case to deter other police officers from such conduct and not to take the law into their own hands because they would likely loose their job and be sent to prison.