Three on manslaughter charges, after Kali Fungavaka beaten to death [1]
Friday, August 31, 2012 - 16:46. Updated on Monday, September 9, 2013 - 18:40.
Police Commissioner Grant O'Fee
Tonga's Police Commissioner Grant O'Fee said today that New Zealand Police officer Kali Fungavaka was beaten to death in Tonga. Two policemen who were charged with assault in connection with his death in police custody, will now face new upgraded charges of manslaughter in court on Monday, September 3.
Police constables Salesi Maile and Fatai Faletau first appeared at the Nuku'alofa Magistrate's Court on August 27 on initial charges of common assault, while the civilian Semisi Kalisitiane Manu was initially charged with murder.
O'Fee said the murder charge would now be reduced to manslaughter and the civilian would next appear in court on September 24.
He said he was deeply concerned about the death of Kali Fungavaka. "This young fellow was beaten to death, it's as simple as that, and however distasteful this may be that is what happened," he said.
"We will uncover the truth of this matter, it will take us more than a few weeks or a few months but we will get there," he said, and asked the public to be patient. "Give us time to get to the bottom of this thing. The team is capable, honest and they are decent police officers," he said.
There is a possibility that further charges will be made, more people will be charged or different charges may be made against people they already had.
"We are evaluating a lot of information and have interviewed more witnesses who have come forward, and we expect more information to come. The system will run its course but this is a really serious criminal offending," he said.
He was queried if there was possible culpability in relation to the supervising officer who was on duty at the Nuku'alofa Police station on that night. "The enquiry is still going, but it is possible," he said.
Kali was put into two cells at the police station. He was put into a first cell before he was removed and put into a second cell on that night, he said.
Commissioner O'Fee said the change in the charges is normal in homicide investigations. "This is what happened in this case, we recieved more information and got more forensic evidence from New Zealand that brought about these charges," he said.
"We've got a lot of information from New Zealand. But it takes the pathologist a long time to consider his options and we've got a preliminary report but there is some more work to be done," said O'Fee.
Operation
In the meantime a special police operation exercise will be held tonight in the Nuku'alofa CBD around the Time Out Bar where police staff would be stationed from 9:00pm onwards, with photos of the victim Kali Fungavaka and questionnaires.
"I have done this sort of exercise in New Zealand and it is, hopefully, to remind people of any memory from that night. What they saw in or outside the bar or if they saw Kali with some police officers or, more importantly, any activity they saw happen between Kali and police officers or anybody else," he said.
"What we are desperately interested in are photos, because people carry cameras and cellphones all the time and they might have taken photos with their cellphones of any activity at the bar or outside, with or without the police," he said.
He assured the public that the police officers in this operation were selected staff and no one who worked on the night of the homicide would be involved.
Fear
Commissioner O'Fee said he had, sadly, experienced that many people fear the Tonga Police, and he said some had personally contacted him because they were scared. " Which is a terrible thing, that's an absolutely terrible thing, that's no way to police.
"This is shameful and that is not what we are here for. The only people that should fear us are a very small group of people who are criminals and they should fear us because we are going to take them court and prosecute them. They should not fear us because we are going to beat them. So I am concerned about this and I discussed this with the Acting Minister of Police and we are moving this forward as best as we can."
He said the investigation team led by Deputy Commissioner 'Unga Fa'aoa were capable, honest and decent police officers. "I have faith in the bulk of the Tonga Police, especially the young men and women who make up the frontline.
"People can still contact me directly if they are still fearful. But at some point I will have to ask the public to have trust in the Tongan police officers because I can't police the whole Kingdom. I have to convince them, like I am convinced, that most of our police officers are good people," he said.
"I have sent out a strong message to the members for the Tonga Police, who perhaps have forgotten their oath and what they are there for, that they must change their ways or accept the consequences - and there will be consequences," he said.
The investigator from the Australia Federal Police was expected to be Tonga in a week's time to overlook the investigation.
Criminal
The Commissioner was queried on how difficult it is for him to handle such criminal activities at the highest level of government in regards to this case ,and also in realtion to the international drugs case involving Tongans at high levels.
He said it was not difficult because his job is very clear.
"I am accountable to the Minister on the performance of the Tonga Police or if anyone offends. I have no vested interest in Tonga, and I do not find it difficult to do what I am here to do. But this case is difficult because I do not know the full facts," he said.
He said in order to get public confidence back in the Tonga Police that they must do this homicide case right.
" ]This is the only game at the moment and the only one that matters. If we don't do this properly everything else does not really matter because this has to be done right," he said.