Detainee, Semisi Kalisitiane Manu, leaves the Nuku'alofa Magistrate's Court this morning, 27 August 2012

Magistrate Pita Soakimi this morning queried why only one civilian, Semisi Kalisitiane Manu, was charged with the new count of murder in relation to the death of New Zealand policeman Kali Fungavaka who was injured while in Police custody, while two policemen have not been similarly charged.

The Magistrate's query received a reaction from the full court room at the Nuku'alofa Magistrate's Court as the people present murmured agreement to as to why only the civilian was charged with murder while the two policemen remained with common assault charges.

Semisi Kalisitiane Manu, the detainee who was in the same cell with the deceased Kali Fungavake was initially charged with bodily harm last week, but a new charge of murder was made against him this morning in court.

He was the first to be called into the courtroom followed in by the two policemen, now identified as Salesi Maile and Fatai Faletau.

Police Prosecutor Mema Latu informed the Magistrate that Manu was charged with the new count of murder  this morning while the two policemen were not,  and were charged with common assault.

The Magistrate queried the prosecutor as  to why they had not been simiarly charged together with the civilian, because the victim had died. Now they would be arguing who did it, he said.

The Prosecutor answered that the investigation was still being carried out, and further examination on the victim's body would be carried out in New Zealand.

The Magistrate asked the prosecutor whether it was two policemen who beat the victim. The prosecutor answered that they assaulted the victim before he was put into the cell that night.

Magistrate Soakimi ruled that the three men be reprimanded in custody including the two policement although they were being charged with a lesser count of common assault, until September 24, their next court appearance.

Accused policeman Fatai Faletau

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When Manu who was dressed in black, came out of the courtroom,  he was put into the Police paddy wagon, but was allowed to come out briefly to hug his family in an emotional farewell.

The two policemen remained inside the court room unil the court finished at noon and went out another side door to avoid the local media who were waiting outside.

But the paddy wagon became stuck in the mud at the back of the courthouse and all detainees were offloaded and after trying unsucessfully to push the paddy wagon, were taken in another vehicle.

The two policemen then exited through the side door of the court and walked to the next property. They waiting while the police attempted to get the paddy wagon out of the mud. But eventually they were taken away in another police vehicle.

This is the first court appearance of the three accused, and people lined the side of the road and were peering through the windows of the small courthouse to follow the proceedings.

Accused policeman, Salesi Maile