Police Commissioner Grant O'Fee. 27 August 2012.

Tonga's Police Commissioner Grant O'Fee said that the cause of death of New Zealand Police officer Kali Fungavaka would be determined by an autopsy to be completed in New Zealand, and the report expected at the end of the week would assist a Tonga police enquiry.

He has appealed for witnesses to come forward, including officers who may not have come forward. "We are interested in speaking to anyone who saw anything outside the Time Out bar between about midnight and 1:00am on the night of August 17, or anything else," he said.

In Tonga the enquiry will be overseen by an officer from the Australian Federal Police so as to ensure a completely transparent process, he said. Witnesses who may be shy of talking to police for any reason, could call him directly and speak to him personally.

Commissioner O'Fee said this afternoon that he could not go into the details of the investigation as it was subject to judicial hearing, and he confirmed that two of the three accused charged in relation the incident were police officers.

He said that it was distressing to think that, "we have failed in a duty of care."

Commissioner O'Fee said the autopsy report would not be released to the public as it was part of the police enquiry. They had also received a report on a full examination of the victim from medical officials at Vaiola Hospital.

"We will conduct a robust investigation…that could go on for months," he said.

The police were carrying out two investigations, one was a homicide investigation and the other was an investigation of police procedures, "as there are certain procedures set in relation to when a prisoner is put in the cell and there are things that should and should not be done".

"We have requested the Australian Federal Police to overlook the enquiry and they agreed to assign an experienced officer to that role. AFP will look into the homicide investigation and the second one, because we want a level of public confidence and AFP is a big and professional organisation. If they think and say this stinks and we have not done a proper job it will be shown in their report, which will be made public," he said.

Commissioner O'Fee said he had faith in the Tonga Police investigation led by Assistant Commissioner of Police Viliami 'Unga Fa'aoa, who was doing a thorough job, but he believed the public deserved complete transparency in the process.

However, he asked the public and media to be patient as the enquiry could take many months before it was concluded, because they had talked to many people and a lot of evidence needed to be weighed.

When he was queried if it was possible there might be a cover-up by police in relation to this case, he replied "I hope not, but that is possible. I would be a fool to sit here and say that it is impossible," he said.

Commissioner O'Fee who has only been on the job for seven weeks said, the charges that had already been laid was the start. "But we are working closely with the Attorney General's office," he said.

Distressing

He said this was a really distressing incident because they had a duty when people come into their care to keep them safe.

" I am not trying to prejudge what has happened but it may be on this occasion that we did not perform that duty. And it is very distressing for everybody and there will no winners out of this terrible incident." 

Police Commissioner O'Fee expressed his absolute sorrow and condolences to the family of Kali Fungavaka.

"It is awful when this sort of thing happens anywhere and when there is a suggestion that it happened at the police station is an awful thing to think that you have failed and I have to confront that now. The Tonga Police may have possibly, but I don't know that yet, failed in our duty to look after the young man. And that is something I have to confront now however distasteful it is to me and to my office," he said.

He then assured the people of Tonga that the enquiry would be very robust and professional with complete transparency.

"I don't care if we uncover that the perpetrators are police officers, ultimately we don't know, but if it is that person he or she will get the same sanction as anyone else. I want to get across to the people that we are not holding back with this enquiry," he said.

Police Commissioner O'Fee said he wanted to reassure the public that most young men and women who make up the frontline of the Tonga Police are good people. Generally, there are some people, like in any other job, who do not understand their duties and do things they should not," he said.

"But I will continue to prosecute police officers who breach the law, exercise brutality, dishonesty or favoritism and will investigate and act against them," he said.

The three men who have been charged are Semisi Kalisitiane Manu with murder, while the two policemen Fatai Faletau and Salesi Maile are each charged with a lesser count of common assault.

The Magistrate's Court ordered that they all be remanded in police custody, until September 24.

Tonga still has the death penalty by hanging for murder.