The Northern Territory Police say the investigation into the death in custody of 24-year-old disabled Warlpiri man Kumanjayi White is at an "advanced state," nearly three months after his death.
Mr White, from Yuendumu, died on May 27 after being restrained by two plain-clothed officers following an alleged altercation with a security guard at a Coles supermarket in Mparntwe/Alice Springs. He had been living in supported accommodation under state guardianship.
NT Police Acting Deputy Commissioner Travis Wurst said on Friday that the criminal investigation — codenamed Operation Walcrow — remained ongoing. He confirmed the investigation was waiting on the forensic pathology report, with samples from the original autopsy sent interstate for "further expert analysis and investigation to support the investigation by the forensic pathologist".
Until those results are returned, Mr Wurst said, the investigation cannot be finalised.
NT Police have not named or stood down the officers involved, though National Indigenous Times understands one of them is NT Police prosecutor Steven Haig, who has continued working in Alice Springs since the incident.
Asked why the officers were not suspended, Mr Wurst told reporters: "At this time, the way in which the investigation is being constructed, there isn't a reason to stand them down. At this stage, no charges have been laid."
Mr Haig has previously faced complaints of aggressive behaviour toward Indigenous youth workers and was accused of using excessive force during the arrest of a young Indigenous woman at the same Coles store where Mr White was restrained. The NT Independent also reported he had "apparently been the subject of previous complaints concerning 'use of force' and other matters".
Last week it was revealed Mr Haig has led the prosecution of Mr White's father by kinship, Martin "Isaac" Jabarula White, prompting one lawyer to remark to National Indigenous Times whilst it was shocking, "we are talking about the Territory".
In early June, NT Police issued a statement claiming there had been a pause in the coronial investigation while the criminal probe proceeded, before later amending and retracting that claim. Mr Wurst said on Friday that an "independent coronial investigation led by an assistant commissioner" had been set up "within days" of Mr White's death.
He said that team had been "investigating the coronial aspect of this," adding it would "take a considerable period of time".
"The coroner is well-involved in that process also," Mr Wurst said.
Mr White's death sparked nationwide vigils and calls for an independent investigation — requests rejected by both NT Police and the Chief Minister, who also declined to visit Yuendumu to meet with his family. The case has reignited concerns about police treatment of First Nations people and, according to advocates, the criminalisation of disability.
Shortly after his grandson's death, Warlpiri Elder Ned Jampijinpa Hargraves said: "We know that he was held down by two police... he lost consciousness and perished. But at the moment we are in the dark about what really happened."
Speaking at Garma earlier this month, Mr Hargraves again urged police to release the CCTV footage of the arrest and called for an independent body to investigate Aboriginal deaths in custody.
Northern Territory Chief Minister Lia Finocchiaro has criticised senior Indigenous Labor politicians for calling for an independent investigation into the death or Mr White, saying they "should know better" and calling them "quite frankly appalling".
Independent Senator Lidia Thorpe also condemned the NT Government's handling of the case, accusing it of a "cruel, punitive approach to law and order," and said its policies have become the subject of human rights complaints.
"The NT government and NT police are not up to the job and do not have the trust of the community," she said.
