The family of New Zealand Police officer Kali Fungavaka who died last year after he was fatally injured in a prison cell in Nuku'alofa is expected to sue the Government of Tonga and demand an apology, according to reports from Auckland.

Auckland barrister Kahungunu Barron-Afeaki SC who will head the case on behalf of Fungavaka's five young children has told New Zealand's TV3, the case will focus on the emotional harm to Fungavaka's children and loss of income to his family, as a result of his death. "We are seeking compensation, redress and at least an apology from the Tongan Government and in particular the Tonga Police." 

He said they will be looking for a six-figure compensation and he wants to finalize paperwork and collect victim impact statements in the hope the case will be before the courts within the next two months in Tonga.

Apology

Cally Letalu-Ruahe, Fungavaka's former partner, who is now caring for their five children said they haven't had an apology from the Tonga police or government as to why their father had died in those circumstances and now she's left with five children to support, their education and to carry on with life. She hoped that she will be supported by the wider family.

"I've had to endure lots of nights where my children have cried endlessly. I've had to be a rock for my children in their time of need now that their father has gone."

Appeal

Meanwhile, in Nuku'alofa three of the six accused including two policemen and one civilian remain charged with manslaughter in regards to the homicide death, while three other policemen were released by a Magistrate in April, due to insufficient evidence.

On June 24, the Supreme Court will hear two appeals that includes the Crown's appeal against the decision by the Magistrate to release former accused police constables Fatai Faletau, Tevita Vakalahi and Manu Tu'ivai.

The other appeal is by one of the three remaining accused Police Inspector Kelepi Hala'ufia against the committal of his case for trial at the Supreme Court. The other two accused facing manslaughter are Police Constable Salesi Maile and civilian Semisi Kalisitiane Manu.

Mr Justice Charles Cato had told the court he would not set any trial date until he disposes of the two appeals, and set June 24 as the date where counsels will make their oral legal arguments.