Two weeks after a Preliminary Inquiry was held on February 25-28A ruling has not been made by Magistrate Salesi Mafi on whether there is a case to be tried at the Supreme Court against six men accused of manslaughter in the death of Kali Fungavaka, .

The victim, a New Zealand police officer, died at Vaiola Hospital on August 23, 2012 after receiving fatal injuries while in police custody at the Nuku'alofa Central Police station on 17 August 2012.

The Acting Solicitor General Sione Sisifa said today the Crown is waiting on Magistrate Mafi, who was understood to be abroad, to give notice as to when he would make his ruling at the Nuku'alofa Magistrate's Court. 

The Magistrate is expected to return to Tonga at the end of the week.

Defence counsel for the accused, who include five police officers, presented written submissions on March 5.

This was in response to earlier submissions made by the Crown Prosecutor for the case to be tried at the Nuku'alofa Supreme Court after closing with 23 witnesses, on February 28.

Defence counsel Mele Kioa represented four of the accused, while the others are represented by 'Ofa Pouono and Palu Taufateau. 

The preliminary inquiry had revealed horrific alleged beatings of the victim by the accused. Gruesome injuries including a fractured skull were identified by a forensic pathologist from New Zealand who conducted a post-mortem examination of the victim's body. The cause of death was ruled as "a blunt force trauma to the head."