Tonga Independent News

Saturday 11, May 2024

Police Officers Sentenced to Prison for Brutal Assault on Defenceless Man

Two police officers, Taliai Tapueluelu and Penitiketo Latu, have been sentenced to prison for a brutal assault on a defenceless man. The Acting Lord Chief Justice Petunia Tupou described their actions as an “outrageous abuse of police powers” as she handed down the sentence at the Supreme Court in Nuku’alofa.

The incident, which occurred on the evening of June 26, 2021, involved the victim, ‘Isileli Latu (‘Isi), an officer of His Majesty’s Armed Forces, who was intoxicated and got into an altercation with a person as he walked past the Fire Station in Neiafu. The person ran into the Fire station ‘Isi followed him, despite being directed to leave by the firemen on duty. Police Officer Penitiketo Latu, who was on duty that evening came out of the police station which is next door and took control of ‘Isi and took him into the charge room.

Inside the charge room, Latu scuffled with ‘Isi, and then Police Officer Taliai Tapueluelu joined in. Tapueluelu put ‘Isi in a chokehold, causing him to faint. While ‘Isi lay unconscious and defenceless on the floor, Latu and Tapueluelu proceeded to administer kicks to his head, causing severe injuries. ‘Isi suffered fractures on both sides of his jaw, difficulty in swallowing, and numbness in some areas of his face.

The extent of ‘Isi’s injuries was described in court by a doctor: “a trismus (restricted mouth capacity), odynophagia (difficulty in swallowing), bilateral fracture of the jaw, displaced unfavourable fractures, and numbness in certain areas.” He required extensive medical treatment, including surgery to stabilize his jaw.

During the sentencing, the Acting Lord Chief Justice highlighted several aggravating factors. She noted that the defendants were police officers, the victim was unconscious during the attack, and the severity of the injuries. It was also mentioned that they were wearing police boots when they committed the assault.

However, the court also considered mitigating factors. Both defendants had no previous criminal records, and Tapueluelu expressed remorse for his actions. The Acting Lord Chief Justice acknowledged this but emphasized the seriousness of the offence and the abuse of police powers.

In her sentencing decision, the Acting Lord Chief Justice set a starting point of three years imprisonment but reduced it to two years, considering the defendants’ clear criminal records, remorse, and years of service in the police force. She stated, “Anything less would amount to an encouragement or implicit acceptance of this kind of conduct from police officers who should be held to a higher standard of conduct and discipline.”

Both Tapueluelu and Latu received a partially suspended sentence. They were sentenced to three years’ imprisonment, with the final 12 months suspended for two and a half years on conditions. She also warned that failure to comply with the conditions may result in the suspension being rescinded, and they will be required to serve the balance of their sentence.