Acting Deputy Police Commissioner Soakai Motu'apuaka and APC Lau'aitu Tupouniua.

Two policemen who are in custody in relation to the death of New Zealand Police officer Kali Fungavaka have been charged with common assault, Tonga's Acting Deputy Police Commissioner Soakai Motu'apuaka said today.

He said he did not want go into detail on the circumstances of the arrest involved in the case, as the matter is now with the courts. But he said there were six people inside the cell on the night, including  the victim Kali. 

The victim was arrested outside a Nuku'alofa bar for minor drunkenness and was assisted on foot to the police station by the police. 

The Acting Deputy Police Commissioner said  police might recognise public drunkenness generally if one carried a beer outside of the bar or in the way a person walked. But he did not go into the circumstances leading to the arrest of the victim apart from stating that he was arrested for minor drunkeness in a public place. He was not able to confirm whether the victim was holding a beer or not outside the bar.

"Police had reasonable cause. But there was no complaint against the victim from the bars."

He also said that the victim was assaulted before he was put into cell. 

He did not agree there was a history of violence in the Tonga Police. However he admitted there had been some police officers who have been disciplined for violent behaviour in the past. 

When questioned whether this incident would set back the confidence of people in the  Police that had been built up in the reform program set up by former Police Commissioner Chris Kelley, Motu'apuaka did not think it would have that effect. 

He said that the police were doing their best to find out and confirm who was involved in this crime and they would be dealt with by the police to ensure that justice is served. "We have made the charges and the matter is now before the court," he said.

"It is a blow to every Tongan with the loss of this man who died at Vaiola hospital yesterday evening. And I wish to reassure that the law applies to all members of the public including the police," he said.

Investigation

APC Lau'aitu Tupouniua said that they would not go into details as investigation continues.  "As we speak there is more evidence and we do not want to release information that might have impact on people's giving information and facts," she said.

She said that drunkenness is an issue in Tonga and it was normal for police to be at areas like the bars as it is part of their preventative measures. 

"Unfortunately, in this case, there is just more drunkenness walking around town as years progress and what police did then was part of the strategy to address that," she said. 

Lau'aitu said that the investigation is led by the Tongan police.