The death of 24-year-old disabled Warlpiri man Kumanjayi White in police custody in Mparntwe/Alice Springs must be investigated independently.
The man, who was under state care and reportedly living in supported accommodation, died on May 27 after being restrained by two plain-clothed officers following an alleged altercation with a security guard.
Last Friday, the Acting Commissioner of NT Police Martin Dole "respectfully" rejected calls from the family for an independent investigation, arguing he had "complete confidence in the systems of oversight in place" in the Territory, calling them "robust and well-established".
He expressed "full confidence" in both the detectives and the "independent processes already in place within the NT Police Force".
However, this belies the fact that the investigation will be conducted by the same organisation that was involved in the death—something that rarely, if ever, occurs outside of policing.
The principle of open justice, that justice should not only be done but should manifestly and undoubtedly be seen to be done, is vital—both in this case and for all deaths in custody.
Guardian Australia reported on Friday that Solicitor George Newhouse wrote to the Acting Commissioner on behalf of the family, arguing comments already made by the police, where they allege criminality on behalf of the deceased, risk "prejudicing public understanding and [causing] significant and unnecessary distress to the family".
"Furthermore, where the agency commenting is the very institution whose actions are under scrutiny and who are investigating themselves, such statements raise legitimate concerns about institutional bias and lack of procedural fairness," he wrote.
The family, legal experts, and advocates have echoed this, with the young man's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, also calling for the release of all CCTV footage.
They are all correct.
This is for the benefit of not only the family and community of the young man who tragically died but also the police officers involved, who deserve procedural fairness not tainted by accusations of bias.
We have seen the evidence that has come out from the inquest into Warlpiri-Luritja man Kumanjayi Walker - with racism towards Aboriginal people in the NT - as a sign internal investigations, even if well-meaning, can be tainted with bias.
First Nations people in Australia are among the most policed and incarcerated people on the planet and there have been at least 594 Indigenous deaths in custody since the 1991 Royal Commission into Aboriginal Deaths in Custody brought down its findings, including over 300 recommendations – most of which have never been fully implemented.
It is not good enough for any organisation to investigate itself; it should especially never happen when someone has died.
Territory Chief Minister Lia Finocchiaro, who is also the NT Police Minister; federal Attorney General Michelle Rowland; and federal Minister for Indigenous Australians Malarndirri McCarthy must all show leadership and ensure an entirely independent investigation is carried out.
It needs to be done at arm's length, independent of the NT Police, and with full transparency.
This is the only way justice can be a realistic goal.
