“When a situation happens, officers
must act - in such situation you need quality officers to act on that power without abuse. The problem is with what the Commission has heard… it is certain to the Commission that the officers have a lot of freedom to punish prisoners to satisfy personal quirk"
The suspended Commissioner of Police, Lilomaiava Fou Taioalo, yesterday responded to several allegations against him before a new Commission of Inquiry.
Chaired by Ombudsman Maiava Iulai Toma, the allegations target his handling of police procedures especially in relation to the running of Tafa’igata Prison.
Yesterday, before the Police Commissioner could take the stand, however, Ombudsman Maiava pointed out that the Commissioner’s reappointment warrant by Cabinet was not signed.
“I am not fully aware why, but I do know for a fact it was not signed,” said Maiava. “Now we have a situation where the matters and mechanism that should be in place for us to easily assess the performance of the Commissioner are in fact not in place.”
The Inquiry decided to proceed citing that members of the public are “entitled to an accounting of the Commissioner’s performance.”
Lilomaiava was then questioned about the treatment of prisoners and the absence of policies to monitor activities at Tafaigata.
Lilomaiava said he does not deny the issues that were raised.
“Ever since (I became Commissioner) there wasn’t any regulation in place for the Prisons Act 1967,” he said. “There were about five Commissioners before me and this practice of no regulation has been carried forth from the past years."
“But when I was appointed, I initiated policies that include the police force work and the Tafaigata prison.”
Lilomaiava cited policies that cover the handling of prisoners, death, transportation and health care among others. The Chairman of the Inquiry then noted that the Commissioner had submitted eight documents detailing policies implemented by the Commissioner as well as a list of work in progress before his suspension.
About the treatment of prisoners, Lilomaiava referred to the Police Act where there are specific periods a convict has to serve before they can be on parole. He said that Cell No. 9, which is often referred to as the “cement wall” hasn’t been used for a long time.
The cell is said to be a dark room where prisoners are isolated for disciplinary situations.
However, a lawyer assisting the Commission, Sine Lafaiali’i Koria, reminded the Commissioner that “what is in the act is not necessarily what is done”.
Chairman Maiava agreed.
He pointed out that it appears that when prisoners behave badly, they are taken from their regular place and put somewhere else for punishment.
“The Act says only the Commissioner is authorised to give such punishment,” said Maiava. “It seems from the Commission of Inquiry that any police officer can institute punishment at Tafaigata. It’s so loose for such an important matter…”
In response, Lilomaiava said when the Commissioner is not at the immediate vicinity of the prison and police officers’ lives are at risk, they need to take appropriate actions.
“Such conditions are extreme and in tight conditions you can't wait to call the Commissioner first to make the order before you can lock them up,” he said.
“But I know what you are saying, however, like I mentioned before there weren’t any regulations in place before but they are now.”
Maiava disagreed. He stressed that the problem is the quality of police officers.
“When a situation happens, officers must act - in such situation's you need quality officers to act on that power without abuse. The problem is with what the Commission has heard, it is certain to the Commission that the officers have a lot of freedom to punish prisoners to satisfy personal quirk. Officers had a lot of power to punish prisoners when it’s not justified.”
Lilomaiava did not dispute this.
“I am not denying it that they do abuse their power,” said Lilomaiava. “I’ve had people that come to me and report it but those are only the ones reported.”
Death at Tafa’igata prison.
Ms Koria asked the Police Commissioner to offer an explanation about the death of Hans Dalton at Tafaigata prison.
Dalton was a psychiatric patient that was found dead in a 44 gallon drum on 26th December, 2012. He was placed in protective custody in prison as a result of a request from the Head of Mental Unit of the National Hospital due to his public aggressiveness.
Ms Koria told the Commission that police were on camp at Tafaigata and asked what were the actions of the Commissioner done in handling the case.
Lilomaiava said there were only four police officers on duty and they “didn’t expect that a sick person from the hospital would be brought in”.
The Commissioner blamed the officer that was on duty for not asking for assistance.
“As you know, we don’t have special cells to lock up patients with mental needs.”
Maiava interjected and said it appears from the Commissioner that the fault falls on the Senior Constable who was in charge.
“This one person was given a huge responsibility to look after the whole prison,” said Maiava. “But look at the irony of the case, here’s a desperate man screaming out loud for help and no one was alerted."
{googleAds}<script type="text/javascript"><!--
google_ad_client = "ca-pub-2469982834957525";
/* Left 300X250 */
google_ad_slot = "8433753430";
google_ad_width = 300;
google_ad_height = 250;
//-->
</script>
<script type="text/javascript"
src="http://pagead2.googlesyndication.com/pagead/show_ads.js">
</script> {/googleAds}
“The irony of it is that (from evidence) people mocked him and said things to him. What does this say about the leadership at the Police?”
Lilomaiava said Tafa’igata is not a peaceful place, it is a place full of people who scream often.
“It is full of angry people, unhappy people and different kinds of people. There is just no peace there.”
The Commissioner said an investigation was launched into the death of Dalton and four police officers were questioned. Two pleaded guilty to being negligent in carrying out their duties and the other two pleaded not guilty. They appeared before the Police tribunal.
It has not been made known publically what has happened to those officers.
Which led Ombudsman Maiava to ask Lilomaiava if he was not curious to find out what actually happened and who killed Dalton.
“I can’t sleep,” he said. “When I do I feel like I’m sleeping on maggots, I can’t rest properly.”
Another Commission member, Su’a Tanielu Su’a asked Lilomaiava why he didn’t take appropriate actions to discipline the Assistant Commissioner or terminate him for all the problems at Tafa’igata.
Head of Tafa’igata prison and prisoners.
During the first Inquiry, the Commission found that there was an incident reported and investigated by the Police’s Standards Unit involving former Assistant Commissioner, Sala Uili Seaga, asking a prisoner to give him a massage.
Lilomaiava was asked how he handled the matter.
In response, he said once there were allegations, there was an immediate investigation.
“I also spoke to Sala about it and he denied it,” said Lilomaiava.
Handling prison’s project money.
The Commissioner was also asked to explain why Sala kept the prisoners’ money. The Commission was told that there was a substantial amount of money found in a safe at Tafa’igata prison.
Lilomaiava replied that the money must have been from vegetables sold and the furniture being made there.
“I ordered Sala to deposit the money in the bank and he said he will,” said Lilomaiava. “I wasn’t aware that he didn’t until I was told that the Commission of Inquiry found the money in a safe at Tafa’igata during their investigation.”
Escaped prisoners and Tafaigata under staffed.
The Commissioner was asked why there were not enough officers to man the Tafaigata prison.
Lilomaiava said in the Police budget, it has always been their plea every year to have more officers at the prison.
“I have also been to the Minister about this matter and his response was there was not enough money. We didn’t have the budget.”
Asked about prisoners constantly running away, Lilomaiava said there is a real need to upgrade the facilities at the prison, especially the fence.
He said money has always been a problem.
“You only need two mass arrests with things like village disputes to finish that budget,” he said about the money allocated for Tafa’igata. “Because they’ll be in prison for two to three weeks before their court hearings. After that, the Court
will adjourn and we are left to feed about forty of them from this case for many months until their trial is up.”
Drinking at Tafaigata prison.
Another matter raised yesterday was the “drinking culture” at Tafa’igata where some officers had consistently drank on the prison ground and claimed they were given “special permission” for it.
Chairman Maiava told Lilomaiava that the Commission has heard a lot from prisoners that drinking is a common thing there.
“A Superintendent confirmed that he did so on daily basis. He put it this way, that he would have just four bottles and that he has special permission from Commissioner to do this yet the rules from Tafaigata are clear that this is not allowed.”
In response, Lilomaiava told the Commission that “drinking is strictly not allowed at Tafa’igata."
“They are not allowed to do this because people are looking at it.”
The Inquiry continues today.
{googleAds}<script type="text/javascript"><!--
google_ad_client = "ca-pub-2469982834957525";
/* Bottom Articles */
google_ad_slot = "5910176767";
google_ad_width = 468;
google_ad_height = 60;
//-->
</script>
<script type="text/javascript"
src="http://pagead2.googlesyndication.com/pagead/show_ads.js">
</script> {/googleAds}