A young father with a violent past met his end in a hail of police bullets last week. Wellington police have been tight-lipped on details, but the Herald on Sunday can now reveal he was on the run after escaping a rehabilitation programme for people on electronic bail in Auckland.
Exclusive: Police shooting victim was on the run - the inside story of his troubled final years
He was never told by Corrections or Police his client had left Auckland and gone on the run, he said.
Had he known, he would have tried to make contact and get him back to the rehabilitation he required, Wimsett said.
Fakalago spent more than a month at large after removing his ankle bracelet monitor and making his way south to Newlands.
He was shot several times by police in the Wellington suburb on June 7 after holing up in a house with his partner and her child, dying at the scene.
The new information, not disclosed by Police in their official statements on the shooting, raises questions about the amount of time he was able to spend at large in an area authorities knew he would likely return to.
Acting Wellington District Commander Inspector Tracey Thompson said they were called just before 3pm last Tuesday to a home in Kingsbridge Pl.
Thompson said, on arrival, police found him inside the house threatening a woman and young child.
While the child was able to leave the house, Fakalago tried to barricade himself in the property, she said.
Thompson said police tried to appeal to the man to surrender but shot him several times after seeing him hold a knife to the throat of a woman.
This version of events has been disputed by his family and partner.
Fakalago was a father of several children, and an associate of the King Cobras gang, who spent much of his early years in state care.
He was earlier receiving ACC counselling and had been prescribed medications for psychological issues.
He has a history of violence against his partners and a lengthy list of convictions.
In February last year, he was nearing the end of another leg at Rimutaka prison.
The sentence came following convictions for aggravated assault, threatening to kill or commit grievous bodily harm, obstructing the course of justice and intentional damage, for which he received three years and eight months.
A parole board decision dated from February 17, 2021, three months before the official end of his sentence, showed he had continued to incur internal Corrections misconduct breaches behind bars.
Fakalago told the board he was being picked on and had acted in self-defence.
His behaviour led to prison staff kicking him out of a drug-treatment programme.
A psychologist said at the time he was showing "emerging insight into his behaviour and a willingness to examine it", the parole decision from panel convenor Martha Coleman said.
"Nevertheless, at the time of writing the assessment he was assessed as presenting with a high risk of further violent offending most likely targeted to an intimate partner," her decision said.
The psychologist's report recommended a probation officer work with him to develop a safety plan for relationship skills and violence against partners.
It also said he would benefit from an assessment of his mental health and that he should continue with ACC counselling.
The board said it was concerned he took his prescribed medication for psychological issues on an ad-hoc basis, depending on how he was feeling at the time, rather than with any regularity.
He was released on parole on March 3, 2021, subject to a range of conditions.
They included a ban on drinking or illicit drugs, a 10pm-to-6am curfew and an order not to communicate or associate with any King Cobras.
Shortly after his release, he was back before the courts in Auckland on more violence charges: wounding with intent to cause grievous bodily harm (stabbing) and assaulting with intent to injure.
He was remanded in custody for the better part of a year at Mt Eden Corrections Facility in Auckland.
During that time he was denied bail in a court appearance where his lawyer proposed a bail address in Newlands, the suburb where he was to die the following year.
In March, he appeared again at the Auckland District Court via audio-visual link from Mt Eden.
There he made another application for electronically monitored (EM) bail, this time successful.
He was bailed to home, run by the Grace Foundation, a charity in Auckland supporting the most difficult to reach people charged or convicted of crimes.
Grace was founded by Dave Letele Snr, father of ex-professional boxer and prominent community figure Dave Letele junior a.k.a Brown Buttabean.
Letele Snr was a Mongrel Mob president but turned his life around and started the Foundation with his daughter in 2007.
The people it supports are generally hard-to-reach offenders unlikely to receive bail or home detention without the help of Letele and his foundation.
It runs intensive rehabilitative programmes at its residences.
Among the people it helps are those awaiting their next court appearance who lack a suitable address for the court to approve release on electronically monitored bail.
Fakalago was one of those.
Letele said he arrived at one of their houses in Auckland on March 22 this year.
He stayed until April 24, Letele said.
"He was doing quite well until something to do with his children. Because he's got about nine children.
"And he just left on his own accord.
"Just up and left. And obviously ended up in Wellington."
Leaving the house without permission and removing his ankle bracelet monitor would have represented a breach of his bail conditions.
When people breach bail it is the responsibility of the police to find and apprehend the person, and a warrant is generally issued for their arrest. Electronically monitored bail is jointly managed by Corrections and Police.
Corrections general manager operations delivery Gareth Fowler said they were alerted in late April that Fakalago may have tampered with his ankle bracelet.
"Any further questions about locating this person are best directed to police," he said.
Fowler said the department looked into its management of Fakalago during his short stint on EM bail and is confident all processes were correctly followed.
"They were bailed by the courts to a supported accommodation provider."
Police refused to answer questions from the Herald on Sunday, including whether and when an arrest warrant for his bail breach was issued, citing ongoing investigations.
"While several investigations are currently underway into Mr Fakalago's death, police is not in a position to provide any further information," a spokeswoman said.
Letele said he and others at Grace were in disbelief at what had happened to Fakalago.
"He was quite a pleasant guy. A young guy. I was quite surprised he had that many kids.
"We just couldn't believe it, that he had ended up that way."
He believed Fakalago had returned to Wellington because that was where his family was.
Letele did not know exactly what had sparked Fakalago's decision to abscond.
However, he said long stints at Mt Eden remand prison caused immense stress for inmates, compounded by the lack of family visits and long lock-up times arising from Covid restrictions.
"There's just been no visits to the jails by family, you know. By anybody. And it's been right through Covid.
"They've had no contact, in terms of having family visits.
"Many that end up at Grace Foundation are generally the hard basket, in terms of no one taking them in.
"So many of them have been languishing on remand for ages, and that's been a key comment made, is that 'we just don't get any visits.'"
Wimsett, his final lawyer, said he only found out his client had left Auckland in breach of his bail conditions when news broke of his death.
"Sam was a friendly and easy-going client who was always extremely polite. You'll appreciate that this isn't always the case.
Fakalago was thrilled to be going to the Grace Foundation, Wimsett said.
"I was shocked when I read of his death. I had no idea he had left Auckland.
"Had I known, I would've tried to contact him to get him back doing the rehab he needed."
After a service in Wellington, Fakalago's body was taken to Auckland.
On Thursday, he was farewelled at a service held at the Catholic Church Polynesian Centre in Bader Dr, next door to the Māngere police station.
The farewell was attended by dozens of King Cobras patched members and featured a low-key police presence with officers stationed across the road taking photos.
When the van carrying his coffin left, it was accompanied by a large procession of King Cobras motorcycle riders, who accompanied the van on its journey west to Waikumete Cemetery.
While he was never a full member when alive he was posthumously made a full member of the gang.
Social media footage shows Fakalago laying in state in his new patch, next to a photo of him and one of his young children.