Two policemen and another man who are accused of the manslaughter of a New Zealand police officer Kali Fungavaka, who died from injuries received in police custody in 2012, made their first appearance at the Supreme Court in Nuku'alofa before Mr Justice Charles Cato this morning.

The three accused are Police Constable Salesi Maile, Police Inspector Kelepi Hala'ufia and a civilian Semisi Kalisitiane Manu.

Mr Justice Cato said he would not set any trial date until he disposes of two appeals regarding the case, and set June 24 as the date to hear the appeals. He asked counsel to put through written submissions before making their oral legal arguments on the hearing date.

The Supreme Court has also received the case documents from the Magistrate's Court, and court staff will translate them in preparation for the appeal hearing.

Inspector Hala'ufia. Nuku'alofa, 16 May 2013.

Appeals

The Crown represented by Sione Sisifa is appealing against a decision by Magistrate Salesi Mafi to release three of the six men accused of manslaughter in relation to Kali Fungavaka's death.

Magistrate Mafi found there was insufficient and vague evidence against police constables Fatai Faletau, Tevita Vakalahi and Manu Tu'ivai and released them on April 11 at the Nuku'alofa Magistrate's Court.

Accused Inspector Hala'ufia who is represented by Palu Taufateau, is appealing against the committal of his case for trial at the Supreme Court. He is one of the three accused, including Maile and Manu, who had their cases committed to the Supreme Court for trial, after the Magistrate found sufficient evidence against them.

Magistrate Mafi's decision came after reviewing the evidence of 23 witnesses called by the Crown during a Preliminary Inquiry held at the lower court in February this year. The Preliminary Inquiry was to decide whether there was a case for trial at the Supreme Court against the six accused who were similarly charged with manslaughter and an alternative charge of causing grievous bodily harm.

Bail

Justice Cato extended the bail of the three accused until the hearing date and ordered that as a condition of their bail they are not to talk or approach the prosecution's witnesses at any time.

Police Constable Salesi Maile. Nuku'alofa, 16 May 2013.