After about four years when Kali Fungavaka was killed in Tonga the Crown has signed a deed of settlement, acknowledging breaching of constitutional rights to life, liberty and freedom within Tonga.
The details of the settlement were intended to be kept secret however the agreements entitled Fungavaka’s five children with his former wife to some of the settlement provided by the Crown.
Tonga’s Acting Attorney General said on Thursday 3, the Supreme Court has declared the actions of certain Police Officers as servants of the Kingdom of Tonga towards Kali Fungavaka on the night of 17 August and morning of 18 August 2012 were wrongful.
Kali Fungavaka was of Tongan origin and a police officer in New Zealand while he visited Tonga in 2012.
The Acting AG said the declaration made by the Supreme Court under clause 103A of the Constitution was the final outcome of the civil case lodged against the Crown by Fungavaka’s widow, Ms Audra Watts, who was also the Administrator of the estate of the late Kali Peaua Fungavaka.
The Crown then entered into a deed of settlement with the estate of the deceased to compensate them for their loss, related out of pocket expenses and legal costs.
That deed of settlement is confidential between the parties, but it was based on achieving justice for both parties.
Ms Watt’s legal counsel Mr Frank Hogan of Auckland New Zealand said his clients acknowledges the entitlement of 5 children of Kali Fungavaka to some of the settlement provided by the Crown, and so she will within one month take steps to set up an appropriate trust or trusts for the children.
Fungavaka died on August 23, 2012 in Nuku’alofa after he was assaulted by certain Police Officers and a civilian in cells at the Nuku’alofa Central Police Station on the night of August 17 and the morning of August 18, 2012.
The five Police Officers and civilian involved in the assaults were charged and prosecuted in 2014.
Two Police Officers were convicted of manslaughter and one Police Officer was convicted of common assault.
The civilian was convicted in a separate trial by a judge and jury with causing grievous harm to Mr Fungavaka.
The two Police Officers convicted of manslaughter were sentenced to 11 years imprisonment, with one year suspended, and 9 years imprisonment, with one year suspended, respectively.
The other Police Officer convicted of common assault, and the civilian, received fully suspended imprisonment sentences.
