Two Tongan police officers, one an inspector, have been committed for trial charged with the manslaughter of New Zealand policeman Kali Fungavaka.
A civilian accused of taking part in the beating death was also committed for trial.
In Nuku'alofa Magistrates Court today, Magistrate Salesi Mafi found there was insufficient evidence against three other officers, Matangi Tonga website reported.
Mr Fungavaka, 38, died in August last year after suffering severe head injuries while in police custody. The Counties Manukau policeman was in the country to bury his grandfather, who had died just days earlier.
Magistrate Mafi delivered his ruling after reviewing evidence from a preliminary inquiry in February.