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Tonga: Victim impact reports hush court

Friday 4 July 2014 | Published in Regional

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Sentencing of the two policemen convicted of the manslaughter in the death of New Zealand Police Officer Kali Fungavaka in 2012 has been adjourned until next Wednesday at the Nuku’alofa Supreme Court.

This week Justice Cato adjourned the sentencing of Inspector Kelepi Hala’ufia and Police Constable Salesi Maile to be delivered on July 9 together with the civilian accused Semisi Kalisitiane Manu who was convicted of grievous bodily harm.

The third policeman, Fatai Faletau who was found guilty on a lesser charge of assault.

There was a full courtroom, including members of the victim’s family from New Zealand, to hear start of the sentencing proceedings.

Submissions from the Crown Prosecutor, ‘Aminiasi Kefu, included the reading out of two victim impact statement reports.

Cally Ruahe, Kali’s ex-wife and mother of his five children, of whom four were present in court, read out the children’s victim report. The family were wearing matching t-shirts in memory of their father’s name.

The prosecutor read out the victim statement from Kali’s current wife Audra Watts Fungavaka, who was not present.

Cally told the court that on August 23, 2012 she and her children arrived in Tonga to be by their father’s side at Vaiola Hospital and nothing prepared them for the moment they saw Kali in his condition.

She said the children did not even have the opportunity to have one last night by their father’s side, instead his life was ripped from them forever.

“My children have endured many sleepless nights weeping for their father with so many questions running through their young minds – who could do such violent act to such a loving and humble man.

“ I have two sons with special needs, one is autistic and the other with preventive delayed disorder. Their minds still to this day could not comprehend why their father is no longer here on this earth,” she said.

“My son constantly tells me that his father was killed by policemen. For the last two years I am awakened every night by my daughter’s crying and I sleep by her side until she falls asleep.

“They say time heals all wounds but after my experience with my children who are still mourning the loss of their father I have come to the conclusion that it would take a lifetime for my children’s wounds to heal.”

She said her children had to take up counselling to try help them through their pain of loosing their idol, a man they looked up to and loved.

“Kali loved his children more than anything on this earth and now he could never see them graduate from school or celebrate their birthdays.

“Your thoughtless actions were inhumane and has affected my life and my children’s life forever. My children will forever live with the fact that their father was brutally beaten by men of authority,” she told the court.

“You have robbed my children of continuing life without the protection of their father.”

The court then heard Kali’s current wife Audra Watts’ impact statement which was read out by the crown prosecutor.

Audra recalled the start of the worst experience of her life when she waited at the Auckland airport for her husband to return only to find out he was in Vaiola Hospital in Tonga.

“Imagine how helpless I felt being in another a country while my husband was lying in a hospital bed because police had put him there,” she said.

She said that on seeing the bruises and his body on life support she wailed. She hoped and prayed that her husband would pull through as he was a strong fit and healthy man with a huge heart, but she saw he was not improving.

Watts, who is also a police officer, said she asked family to get his children to Tonga because he was a devoted dad who loved them immensely, but Kali died not longer after.

She said the worst day of her life was the day she had to bury her husband who was a son, a devoted father, a brother, a cousin, a friend, a leader, mentor, sportsman and a fellow police officer.

“The worst day of my life was burying the man I love – my husband and my best friend.

“I stayed out of the media since Kali was buried almost two-years ago because I had nothing good to say about what happened. I can speak of how much I loathe the men who took my husband’s life but what would that accomplish?” she said.

She found it hard to understand how could someone, who was standing on the side of the road waiting for a sober driver to pick them up, deserve to be arrested.

“Kali was not fighting in the street, he was with a family member waiting for a ride home.

“There is no way in our eyes as policemen that this warranted an arrest. That is why I know Kali questioned and argued with the Tongan police.

“I hated the fact that during the trial I heard numerous times of Kali asking them what he had done wrong. They used their fists to shut him up.”

The crown prosecutor submitted to the judge a starting point to consider for his sentencing of Hala’ufia to be 10-12 years imprisonment.

For Maile a starting point of 8-10 years imprisonment, and for Faletau starting point of 8-9 months. Hala’ufia and Maile were remanded in custody for sentencing, while Faletau is on bail.