Two guilty of NZ cop's Tongan manslaughter

Two Tongan policemen who bashed an Auckland police constable while he was in custody in Nuku'alofa have been found guilty of his manslaughter.

Justice Charles Cato found Inspector Kelepi Halaufia and Constable Salesi Maile guilty of the manslaughter of Kali Fungavaka in the Tongan capital in August 2012, Matangi Tonga reported.

Constable Fatal Faletau was guilty of assault but not guilty of manslaughter and grievous bodily harm, while Constables Tevita Vakalahi and Manu Tuivai were acquitted on all charges.

A civilian, Semisi Manu, who shared a jail cell with Const Fungavaka, was last week found not guilty of manslaughter but guilty of grievous bodily harm.

Family members of Const Fungavaka, including his mother Rosemary, wife Audra and ex-wife Kelly, were in tears as the verdicts were read out in Tonga's Supreme Court.

Const Fungavaka, who was in Tonga for his grandfather's funeral, had been arrested following a drunkenness incident.

Justice Cato says he was sure Halaufia caused a skull fracture and brain trauma when he hit Const Fungavaka with a torch, and that he also strangled him.

"There can be no lawful excuse for these actions or any justifications of them," he said.

He said Maile stomped on Const Fungavaka's head with enough force to cause him further serious head and brain trauma.

He found the two officers had no common purpose.

Justice Cato found Faletau, the other arresting officer with Maile, punched Const Fungavaka during a search in the watch house.

Faletau, Maile and Halaufia will be sentenced on July 1.

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