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.
Police Inspector Kelepi Hala'ufia, Police Constable Salesi Maile and a civilian, Semisi Kalisitiane Manu, would have their trials in the Supreme Court in Nuku'alofa later this year, the website reported.
Magistrate Mafi said witnesses claimed to have seen Mr Fungavaka hit with a torch, punched and stomped on while in custody.
A post-mortem examination found he suffered heavy blows to his head resulting in a fractured skull, haemorrhage and bruising to his brain.