The Northern Territory Director of Public Prosecutions' (NT DPP) decision to hand the prosecution of Federal Labor MP Luke Gosling over to the Commonwealth Director of Public Prosecutions (CDPP) to avoid a perceived conflict of interest has prompted fresh questions over why the same approach was not taken in the case of Aboriginal man Kumanjayi White.

Independent Senator Lidia Thorpe says the decision highlights longstanding concerns about police investigating police, after the NT DPP decided earlier this year not to prosecute the officers allegedly involved in Mr White's death.

Mr Gosling, the Labor MP for Solomon, has been charged with two counts of allegedly assaulting Northern Territory Administrator David Connolly. He is currently on bail, with the matter due to return to court on September 30.

While NT Police prosecuted his initial court appearance last week, the ABC reported on Wednesday that the NT DPP had received the brief but determined "it should not have conduct of the matter, and the matter should be referred to another jurisdiction to avoid any perceived conflict of interest".

"The NT DPP and Commonwealth DPP are in the process of arranging for the CDPP to take over the prosecution," the NT DPP said.

Questions over different treatment

The referral seemingly contrasts with the handling of the investigation into the death of Kumanjayi White, a 24-year-old Warlpiri man under state care who died on May 27 last year after being restrained by two plain-clothed Northern Territory Police officers inside a Coles supermarket in Alice Springs.

On Thursday, Senator Thorpe said she welcomed the NT DPP's decision to avoid a perceived conflict of interest in Mr Gosling's case but questioned why the same standard had not been applied in Mr White's case.

She noted it was on the anniversary of Mr White's death that the NT Police and NT DPP informed the family no charges would be laid.

The independent Senator told National Indigenous Times: "How is it not a conflict of interest when it involves police investigating police on their officers [allegedly] killing a Blak man?"

"Kumanjayi White's family has demanded answers on who made the decision that no charges be laid. I demand the same, so we can know whether there was a real conflict of interest," she said.

"We need to stop having police investigate themselves, or we will never get accountability for the killing of our people at their hands."

Confusion remains over who made the decision not to prosecute, with the NT DPP previously referring Mr White's lawyers to NT Police.

George Newhouse, chief executive officer of the National Justice Project, which is representing Mr White's family, told National Indigenous Times authorities had worked quickly to protect public confidence in the prosecution of Mr Gosling. It is a safeguard, he said, the family of Mr White had asked for from the beginning.

"The family called for an independent process in which police were not investigating police, but their request was refused," he said.

"Instead, there was a police-controlled process, a secret review and, ultimately, a decision not to prosecute for which Kumanjayi White's family were given no meaningful reasons. They cannot even find out who made the decision.

"The Gosling case exposes a disturbing double standard. If impartiality matters enough to protect a politician, it should matter at least as much when a family is asking who's accountable for a death in custody."

In response to questions from National Indigenous Times, the NT DPP said: "The conflict in Mr Gosling's matter arises because of the statutory relationship between the NT Administrator and a person appointed as an Acting Director under the Director of Public Prosecutions Act."

"No such issue arose in relation to the matter involving Kumanjayi White," they added.

The NT Acting Director of Public Prosecutions is Pat Williams.

Although NT Police conducted the initial investigation into Mr White's death— despite criticism over the potential for unconscious bias — the decision on whether to prosecute rested with the NT DPP. After informing the family, the NT DPP noted a Queensland Police use-of-force review, commissioned by NT prosecutors, concluded the officers' actions during Mr White's death were appropriate.

"After considering all available material, including the independent expert report and external legal advice, the DPP formed the view that there are no reasonable prospects of a successful prosecution," a spokesperson said at the time.

Family still seeking answers

Last month, Mr White's family announced they would seek Supreme Court orders requiring the production of documents identifying the decision-maker behind the decision not to prosecute, or requiring NT Police to identify that person before the court.

Mr White's grandfather and family spokesperson, Ned Jampijinpa Hargraves, said the family had never trusted the investigation process.

"Now the authorities keep pointing at each other and none will take any responsibility or speak straight to us. Police point to the DPP, the DPP points back to police, nobody will tell us who actually made the decision," he said.

"Kumanjayi was my Jaja and his life was violently cut short. We deserve to know all the information about his death and about the process including who decided that no one should be charged and why."

"We will keep fighting for a genuinely independent investigation".

Authorities have still not explained how Mr White — who was under state guardianship and living in supported accommodation — died after being taken into police custody. In May, Northern Territory Police Commissioner Martin Dole said the cause of death remained "equivocal".

A four-week coronial inquest into Mr White's death is scheduled to begin in Alice Springs in April after being delayed to allow the criminal investigation to take place.

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