Key evidence of what went on in the back of the Nuku'alofa Police Station the night New Zealand police officer Kali Fungavake received fatal injuries, is expected to come out in a preliminary inquiry that was due to start this morning in the Nuku'alofa Magistrate's Court.

But the court was adjourned when it was discovered that the evidence of the accused police would clash with evidence of the civilian who is also charged.

The court was adjourned until 1:30pm to allow the accused to find separate legal representation.

Accused police constables Salesi Maile and Fatai Faletau at the Nuku'alofa Magistrate's Court this morning, 25 February 2013.

It is the first day of a Preliminary Inquiry of five Tongan police officers and one civilian charged with manslaughter in relation to the death of New Zealand Police Officer Kali Fungavaka who was fatally injured, while in custody on August 17, 2012.

Magistrate Salesi Mafi adjourned the inquiry after counsel Mele Kioa told the court she had just advised four of the accused she was to represent to find separate legal representations because their evidence will clash. The four were the three accused police constables Salesi Maile, Fatai Faletau, Manu Tu'ivai and a civilian Semisi Kalisitiane. The counsel said the evidence of the policemen Maile, Faletau and Tu'ivai would not clash, but it would clash with the evidence of the civilian Semisi Kalisitiane Manu.

The three other accused Inspector Kelepi Hala'ufia is represented by Palu Taufateau, while accused police constable Tevita Vakalahi is represented by 'Ofa Pouono.

Accused Inspector Kelepi Hala'ufia arrives at the Nuku'alofa Magistrate's Court this morning, 25 February 2013.

Crown prosecutor

The Crown prosecution is led by Sione Sisifa assisted by Silivia 'Atiola.

Prosecutor Sione told the court this is an important case and the Crown had lined up their witnesses to be called within the three-days set for the inquiry. But if the case was adjourned it would take longer. He agreed that the accused must get legal representation.

Magistrate Mafi said it was important the accused get legal representation and they should return at 1:30pm for the inquiry to start.

The six men charged with manslaughter, with an alternative charge of causing grevious bodily harm, are Inspector Kelepi Hala'ufia with four police constables Manu Tu'ivai, Tevita Vakalahi, Salesi Maile, Fatai Faletau and a civilian Kalisitiane Manu, who was detainee at the time.

The inquiry is scheduled to be held for three days from February 25-27 at the lower court.

New Zealand Family

Meanwhile, Kali Fungavaka's immediate family members from New Zealand, including his wife Audra, mother Rosemary and younger brother Bishop, were present this morning in a full court house at Fasi.