Tonga’s Attorney General Neil Adsett is reported saying that his Office is appealing a magistrate judge’s ruling to release three policemen of the six accusers charged in connection with the death of New Zealand policeman Kali Fungavaka.
The three released are Constable Tevita Vakalahi, Constable Fatai Faletau and Constable Manu Tu’ivai
Judge Salesi Mafi ruled that of the 23 witnesses he heard they failed to provide corroboration evidence to decide whether the accused have been involved in the manslaughter of Mr Fungavaka and causing him grievous bodily harm.
He found in the information given by the witnesses enough evidences against Police Inspector Kelepi Hala’ufia, Police Constable Salesi Maile and civilian Semisi Kalisitiane Manu to be tried in the Supreme Court.
The preliminary inquiry was held on February 25-28 to decide whether there were sufficient evidence to try the accusers in the Supreme Court or not.
The charge has always been based largely on evidences linking to the arrest of Fungavaka, detaining and allegedly assaulting him in which all six accused partly got involved at various places and time.
Now, that three released means evidences cannot be combined to bring about what the crown prosecutor has submitted against all six accused.
Kali Fungavaka died in Vaiola Hospital in Tonga on August 23 after he was detained by police in Nuku’alofa Police Station 17 August 2012
