A Supreme Court judge has committed three accused policemen for trial on manslaughter in relation to the death of New Zealand police officer Kali Fungavaka after they were initially released by a Magistrate in April.

All six accused will now appear on August 5 for a trial date to be set at the Supreme Court in Nuku'alofa.

The Crown won their appeal against the release of Police Constables Fatai Faletau, Tevita Vakalahi and Manu Tu’ivai, who were all present in court this morning, when Mr. Justice Charles Cato in his judgment committed them to face trial together with the three other accused, Police Inspector Kelepi Hala'ufia, Police Constable Salesi Maile and a civilian Semisi Kalisitiane Manu.

The judge then dismissed an appeal by the accused Inspector Hala’ufia against the committal of his case from the Magistrate's Court for trial at the Supreme Court.

“The respondents are committed for trial and the appeal by Hala’ufia is dismissed," he said.

He ordered that all six male accused be bailed until August 5 to appear in court to set a date for trial.

Appeal

On June 24-25, Mr. Justice Cato heard the two appeals by the Crown and Hala’ufia. Oral arguments were made by the Crown Prosecutor Sione Sisifa while ‘Ofa Pouono appeared for Vakalahi, and Palu Taufateau acted for Hala’ufia.

On April 11 Magistrate Salesi Mafi released three accused policemen, Faletau, Vakalahi and Tu'ivai, after reviewing evidence revealed in a Preliminary Inquiry held at the lower court, on February 25-28, 2013, and the Crown lodged an appeal against that decision which was overturned today.

All six accused are charged with manslaughter with an alternative charge of grevious bodily harm in relation to Kali Fungavaka’s death in August 2012. The victim was fatally injured while in police custody at the Nuku’alofa Police station.