A Tongan court has been told that a New Zealand policeman, Kali Fungavaka, died in custody in Tonga two years ago after suffering skull fractures.

Prosecutor Aminiasi Kefu has outlined the Crown’s case that five police officers acted in joint enterprise causing significant injuries which led to Fungavaka’s death.

They included a skull fracture and massive internal bleeding at the base of his brain.

The New Zealand policeman had attended the funeral of his grandfather in Tonga and had been out drinking before his arrest.

Matangi Tonga reports that a pathologist confirmed that injuries inflicted on the neck, including strangulation, also contributed to Fungavaka’s death.

Pathologist Dr Fintan Garavan presented a power point showing multiple skull fractures, subdural haemorrhage and bruises to the interior of the brain in multiple areas, neck injuries including bone fracture and bruising inside, alongside multiple bruising and abrasions on other parts of his body showing blunt force trauma.

The five police officers on trial for Fungavaka’s death elected to be tried by a judge alone and have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.

A civilian who was also detained in the cells on the night of Fungavaka’s death is also charged with his manslaughter, a case which is yet to be heard.

Detainees who were in Cell Seven on the night Kali Fungavaka was in custody at the Nuku’alofa Central Police station said the civilian, Semisi Kalisitane Manu, punched the victim, causing him to fall hitting his head on the cement floor.

Another witness heard the sound of a beating when Kali was brought into the station by the police officers, the Supreme Court in Nuku’alofa has heard.

Koniseti ‘Akau’ola who was arrested outside a Nuku’alofa bar on the night of August 17, 2012, said Fungavaka was dragged inside Cell Seven and laid down on the floor close to where‘Akau’ola was sitting on a bench.

“He was still awake mumbling and swearing in English while saying something to the extent that ‘his body and head was sore,” the witness told the court.

He said another detainee, the accused Kalisitiane, who was in the cell teased Kali thinking he was a deportee.

Kali stood up but he was not steady on his feet, he was weak and Kalisitiane punched him on the chest or mouth. “I was just surprised because he fell towards the area I was sitting. He did not say anything but was vomiting on the floor,” he said.

The witness said other detainees called out to the officers to come and take Kali before he died and they came and took him.

“I did not know anything about Kali afterwards because I expected they would have taken him to the hospital,” he said.

Meanwhile, another detainee, Hengihengi Namomo, said he was lying on the top bunk in the cell.

He said when Kali was brought in he was laid down on the floor but he could not recall the police officers who brought him in. The cell was full on this night with around 10 people.

He said that Kali was awake and was swearing and said something in English like, “why did you hit me, bad police”.

“I also heard him say he was a New Zealand police officer and he was being looked down upon while lying on the cement floor,” he said.

The accused Kalisitiane who was standing by the door told Kali to shut up, calling him a deportee.

Kali challenged him to a fight while still lying on the floor. Kali got up weakly and stumbled forward with a right-hand punch and Kalisitiane responded and punched him on his left jaw.

“Kali backed off and fell down and I heard his head hitting the cement floor. I told other detainees to check this person, he might die, and I went to sleep.”

Heamani Lopeti, a prisoner serving time at Hu’atolitoli Prison, was detained in Cell Six on the night, when he heard the sound of someone being beaten up by the police officers in the station.

He said normally he and another detainee, Sione Vaomotou, would often walk up closer to see them beating up someone.

“I heard the person swearing and asking why was he arrested for nothing and I heard the sound of punching, beating.

“After 15-30 minutes two officers, namely the accused Maile and Faletau dragged Kali who was passed out, drunk, and left him lying on the floor outside my cell for about 35-40 minutes before two other officers put him in Cell Seven. They dragged him into Cell Seven and left him lying on the floor and after a few minutes they brought in another person, Tavake, who was arrested with Kali,” the court was told.

The witness said he could see inside Cell Seven from his cell and said Tavake sat on the edge of the bench and he challenged a fight. Kalisitiane got up and punched Tavake.

“All of a sudden Kali got up and said to stop and Kalisitiane punched him and he fell banging his head on the floor.

“The sound was very loud because I had never heard any sound like that before,” he said.

He said a police officer later came and dragged Kali into his cell and laid him on the floor. Kali had no shirt on and the police officer took off his pants, he told the court.

The manslaughter trial of the five police officers, before Justice Charles Cato continues at the Nuku’alofa Supreme Court this week with the Crown anticipating to finish calling its witnesses on Thursday, April 24.

Meanwhile, a second trial before a jury will follow for the accused Kalisitiane, who is similarly charged with the accused policemen.