Two police officers have been sent to prison by a Supreme Court judge who said they punched and kicked the 21-year-old man – smashing his tooth out in the process – during an attempt to restrain him.
The Vava’u officers Viliami Halalilo and Tukumo’ui Havea were sentenced at Neiafu Supreme court on November 15 after Justice Nicholas Cooper found them guilty of common assault on October 28 by assaulting Liuaki Fainu.
The officers responded to a call for assistance from Lusinita Fainu at Ha’alaufuli. Lusinita told Police she and her drunken husband had a quarrel and wanted him removed from the address.
The officers arrested Liuaki and took him to the police station.
Liuaki did not want to be placed in the cells so he fled and got to the Taunga residence before he felt two people had grabbed him.
One of the officers punched the back of his head before he fell to the ground dizzy. It was Halalilo who had thrown that punch, the court was told.
Both officers were wearing safety boots.
A witness told the court that ” Viliami Halalilo kicked the person lying down to the top of his head. He saw this with his own eyes. A kick to the head a punch and then stood this person up and used his knee to hit his head”.
The witness said it was at that point that Mr. Havea arrived and kicked and punched the head of Liuaki.
“The punch connected with the top of his head. During that time, the person being assaulted apologised and begged the officers to stop, saying he was their brother”.
Liuaki was later released and he went to a dentist who checked the injuries to his mouth. The dentist told the court one of Liuaki’s permanent teeth at the top and front was missing.
“She agreed that a kick could cause that and the type of force required would have had to be big”, a court judgement read.
Justice Cooper said: “I consider, his tooth was knocked out” but Liuaki “was not best placed to see who was doing exactly what out of the two people he says were present”.
The judge also said that given the circumstances, “it is quite impossible for me to say who kicked his tooth out”.
Both officers denied the witnesses’ accounts and claimed they did not assault Liuaki.
Justice Cooper said the evidence provided by Sila and Liuaki “was totally independent, I am absolutely sure that their accounts are the correct and honest version of what took place”.
In convicting the officers Mr Cooper said: “Both Mr. Halalilo and Mr. Havea I find guilty of common assault by punching and kicking Mr. Fainu”.
Mr Cooper later sentenced the duo to six-months imprisonment each with the last two-months suspended for one-year, on conditions.
