Lawyers representing the family of Kumanjayi White say it is "deeply concerning" the family were not informed that an "independent" review into the use of force in his death had been completed.
The 24-year-old disabled Warlpiri man, known as Kumanjayi White for cultural reasons, died in May last year after being restrained by two plain-clothed NT Police officers inside a Coles supermarket in Mparntwe/Alice Springs.
Despite an autopsy, an internal police investigation, and a brief of evidence being sent to the Director of Public Prosecutions (DPP) in September, no charges have been announced more than 10 months after Mr White's death.
In January, police said the DPP had requested a further review of the force used during the incident, with an interstate police jurisdiction tasked with preparing the report.
While "facilitating" the DPP's request, NT Police said an "interstate police jurisdiction" was compiling the review, which was expected to be delivered at the end of March.
Last week, National Indigenous Times reported NT Police had received the material a day after that deadline. Police declined to say which interstate force conducted the review, its scope, or when the updated brief would be returned to the DPP. The DPP declined to answer questions, referring matters back to NT Police.
It is now understood that the review has been handed to the DPP.
Family not told
The National Justice Project, which is representing Mr White's family, said it is "deeply concerning" the family were not told the independent use-of-force review had been completed.
A spokesperson said that, 10 months on from his death, the family are "still waiting for answers about how he died and whether anyone will be held accountable".
"It is unacceptable that our clients have had to learn about a major step in the investigation process through media reporting rather than from Northern Territory Police directly," the spokesperson said. "This ongoing failure to communicate reflects the lack of transparency and accountability that has continued through this case.
"We would hope that the NT Police and DPP now act promptly in finalising the investigation."
Biased investigation
Mr White's family have long criticised communication from NT Police, arguing the response would have been different if he were non-Indigenous.
His grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, told the ABC the "independent investigation did not include our families," describing it as "biased".
"These are human rights violations. Australia is not in compliance with international law," he said. "Australia is incapable of complying with international human rights. We want justice."
Federal Senator Lidia Thorpe says there has been "so much secrecy" surrounding Mr White's death, adding, "I think that there's something definitely to hide here."
"I think it's an absolutely disrespectful process," she told ABC Radio. "This is a young man that belonged to a family, a community, to Country."
Senator Thorpe criticised the police response, arguing they are running a "protection racket" which " denies any justice for Kumanjayi White and his family and the community".
"The federal government has a responsibility here to step in and have an independent process where police can be investigated through an independent process," she said.
"There needs to be transparency and accountability about this death that everyone knows about and is waiting for an overdue report."
The case has drawn national scrutiny after NT Police and the Chief Minister rejected calls for an independent investigation, amid longstanding concerns from Aboriginal communities about racist policing across the Territory.
Authorities still have not explained how Mr White — who was under state guardianship and living in supported accommodation — died after being taken into police custody.
An initial police statement said only that officers had "restrained the adult male" before he "stopped breathing and CPR was commenced", without explaining how he lost consciousness. Nonetheless, police chose to highlight Mr White's alleged criminality.
Police Commissioner Martin Dole previously said the force does not "comment on individual officers involved", but confirmed last year the officers had been moved into non-operational, forward-facing administrative roles.
One of the officers connected to the events surrounding Mr White's death — NT Police prosecutor Steven Haig — has continued to accept briefs, including in his role prosecuting Mr White's father by kinship, Martin "Isaac" Jabarula White, in August last year.
