Forensic pathology shows huge blow to the head caused death of Kali Fungavaka [1]
Tuesday, February 26, 2013 - 20:31. Updated on Monday, September 9, 2013 - 18:40.
A forensic pathologist from New Zealand who conducted a post-mortem examination on Kali Fungavaka's body, believed that the cause of death was a huge blunt force trauma to the head. He today revealed the extent of the multiple injuries found on the victim's body ranging from a fractured skull, haemorrhage and bruising to his brain, a fractured neck bone with bruises to other parts of his body.
Dr Fintan Garavan produced a report, which he signed on September 7, 2012 after his examination. The report was produced by Crown Prosecutor Sione Sisifa and provided to the witness who read out his findings, at the Nuku'alofa Magistrate's Court this afternoon on the second day of the Preliminary Inquiry into the homicide death. Six men are accused of manslaughter.
The report had two parts that included the pathologist's clinical findings with his comments and conclusion.
Dr Garavan said in his clinical findings, based on the evidence of injuries, he found a large fracture on the victim's skull, extending from the front to the back of his skull in the shape of the letter "C", the fracture was compressed, with haemorrhage and bruising to the bottom part of his brain, which was swollen with blood on his right eye.
The bone on his neck was fractured, while the upper side of his chest bruised and the right side of his back also bruised. There was heavy bruising to the back of both his hands. The external examination of the deceased noted he was a Pacific Islander male, aged 38 years.
Information
The pathologist said the information provided to him by New Zealand Police for his report at the time suggested the deceased was drinking alcohol after the funeral until the early morning of August 18, 2012. The victim was spoken to by members of the Tonga Police for allegedly drinking in a public place. He was asked to take his drink back into the bar and was subsequently arrested for being drunk in a public place.
He said Kali was escorted some 150m from the bar to the police station and at some point after his arrest he was assaulted within the police cell block. Information suggested that the victim fell striking his head on a concrete floor at the police station, and there was an admission from police that he was strangled or choked before he fell on his head, because he was being aggressive in the arresting area.
"The exact nature of events was not clear at the time I wrote my report," the pathologist said.
He said the victim was then transported to the main hospital where he was diagnosed with head injuries. He suffered haemorrhage in his brain, which required surgery to relieve the bleeding. He was placed on the ventilator machine on August 20, 2012 and then on Thursday August 23 after 6:00pm he passed away immediately after he was taken off the ventilator.
His body was returned to New Zealand on 25 August, 2012 where a post-mortem examination was conducted at Auckland Hospital.
Alleged incidents
Dr Garavan said at the time he wrote the report the information he received that just after 12pm on August 18, 2012 an incident occurred outside Timeout Bar and it was alleged that the victim received a blow to the head by a weapon of some sort, possibly a torch, as he walked some 150m to the police station.
He said at 12:30am another alleged incident occurred in the police station where the victim was choked to a point of loosing consciousness. He is alleged to have received a stomping on his head with a boot and was placed unconscious inside a prison cell.
Another incident was alleged to have occurred inside prison cell 7 where there were 20 other prisoners. The victim was alleged to have received a punch on the face, which caused him to fall backwards and hit his head on a pipe on the wall. At 2:00am he remained unconscious and was placed in cell number 6. At 5:30am he was removed from cell number 6 and was taken to the hospital where he failed to regain consciousness and died on August 23.
"As a result of the autopsy and review of information available to me at the time, I wrote this report and formed the opinion that the cause of death was a huge blunt blow trauma to the head," Dr Garavan said.
He said that there were three separate incidents where the deceased received head injuries and he came to the following opinion.
"Firstly, the incident of stomping that the victim allegedly received, in my opinion, did not cause the swollen fracture to his skull. The fracture of the bone on his neck indicated extreme force applied to it, while the incident inside cell number 7 when he was punched on the face and fell backwards striking his head did not provide explanation to the fractured skull. These incidents on its own did not cause the death."
He said that leaves the incident outside the Timeout Bar where the victim allegedly received a blow to his head by a weapon, possibly a torch.
"I am of the opinion this event may provide an explanation to the skull fracture and bruises to the back of the victim's hand as he might have tried to take cover from the blow. It is possible to receive a skull fracture and remain conscious and walk 150m. As such a head injury explained his aggressive behaviour at the police station," he said.
He said he was not provided with blood samples of the victim at the time of his admission to hospital so that he could test his toxin level. A combination of being intoxicated and head injury provided an explanation to the victim's aggressive behaviour. "If the skull fracture happened outside Timeout Bar the other incidents contributed to the problem," he said.
Major injury to the head
Dr Garavan said if the victim was given early medical attention he might have survived, but he could not be certain. Given the circumstances, the major injury was to the head, all the other injuries had a compound effect to the death.
Pictures of the fractured skull and his brain were shown in court in which the doctor pointed out the fatal injuries he outlined on his report.
The witness has been a pathologist for 15-years. He works as a forensic pathologist at the National Forensic Services in New Zealand.
The second day of the preliminary inquiry continued in the afternoon with some of the police officers on duty on the night of August 17, 2012 at the Central Police station giving evidence.
All of the accused, namely Inspector Kelepi Hala'ufia, four police constables Manu Tu'ivai, Salesi Maile, Fatai Faletau, and Tevita Vakalahi, and a civilian Semisi Kalisitiane Manu, are similarly charged with manslaughter with an alternative charge of causing grievous bodily harm.
Crown Prosecutor Sione Sisifa told the court yesterday that the Crown alleged the five accused police officers were in a joint enterprise to commit the unlawful act of committing manslaughter and causing grievous bodily harm on Kali. While Semisi Kalisitiane Manu who is similarly charged had allegedly committed the unlawful act inside the prison cell, at the Nuku'alofa Central Police station.
Kali Fungavaka's family from New Zealand has been present in court listening to the evidence as it continues in Nuku'alofa.
Audra Fungavaka leaves the Nuku'alofa Magistrate's Court today after hearing the pathologist's report on the death of her husband Kali. 26 February 2013.