Pressure is mounting on the Northern Territory's Attorney-General to explain why she did not disclose her family connection to a man who killed an Aboriginal man in a hit-and-run before sending racist text messages seemingly celebrating his death.
Last week, Darwin man Jake Danby was sentenced by Justice Sonia Brownhill to a 12-month community corrections order, including five months of home detention, after pleading guilty to hit-and-run driving causing death.
In June 2024, Mr Danby, 24, struck two Aboriginal men near a Darwin shopping centre before fleeing. One victim, a 39-year-old referred to as Mr Whitehurst for cultural reasons, was thrown seven metres and sustained a traumatic brain injury that led to his death in Royal Darwin Hospital. The second victim, aged 37, survived with non-life-threatening injuries.
On Friday, the Northern Territory's Director of Public Prosecutions (DPP) announced they had appealed the sentence, arguing it was "manifestly inadequate".
Mr Danby also faces charges of speeding, driving unlicensed and driving an uninsured vehicle. He is expected to plead guilty to those charges next month.
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Boothby's undisclosed connection
Attorney-General Marie-Clare Boothby — the sister of Mr Danby's stepmother — spoke at a press conference last week about whether she believed the sentence was adequate. The CLP Government has regularly promoted harsher sentencing and previously criticised judges for granting bail, raising questions about the separation of powers.
She did not disclose her relation to Mr Danby, which was only revealed by the NT Independent on Thursday evening. Ms Boothby said she told CLP leader Lia Finocchiaro "immediately" after the accident last year and argued she has "never attempted to hide the fact that the driver was an extended family member". However, the relationship was not made public until it was reported on Thursday.
"At no time have I or my office been involved in the matter, either in opposition or upon change of government," she said in a statement. "At all times I have acted with integrity in carrying out my functions as attorney-general."
Ms Finocchiaro swatted away criticism of the Territory's chief legal officer, declaring she had "full confidence" in Ms Boothby.
"She has always acted, and will continue to act, with the utmost integrity, as do all members of our disciplined and diverse team," Ms Finocchiaro said. "She declared the matter immediately and has had no involvement."
But Shadow Attorney-General Chansey Paech criticised Ms Boothby's failure to disclose the connection.
He called the lack of transparency "disgraceful and appalling".
"For a government that talks tough on crime, their silence is deafening. They cannot claim to be tough on crime while turning a blind eye to such serious integrity issues," he said.
Racist and "disgusting" messages
The Supreme Court heard text messages from Mr Danby where he referred to the victims as "n*****s" and "dogs", calling the collision a "two-for-one combo".
He also wrote: "They learnt their lesson now, maybe next time they will use the crossing instead of walking out in front of cars, expecting me to stop like they own the place."
"They were rolling all over the road like bitches when I looked in my … mirror," he said, adding the world needs "c***s like me to take a hit to teach these c***s a lifelong lesson".
Mr Danby, who did not stop or return to the scene and was driving unlicensed in an unregistered car, later told a friend after the deaths: "I do have to hand myself in, but I ain't getting jail time. I'm a Danby, we don't go to jail."
Justice Brownhill acknowledged the texts showed Mr Danby had "demonstrated a shockingly callous disregard for the welfare of the victims", but noted his remorse, age, lack of criminal history, and work record as grounds for rehabilitation.
The sentence has sparked outrage among Aboriginal people across the country.
"Why is [Jake Danby] out? If an Aboriginal man hit a white man, he would be locked up," Mr Whitehurst's sister said via the North Australian Aboriginal Justice Agency (NAAJA).
"Mr Whitehurst was my one and only brother; now I have no brothers. We loved him so much. This is not fair."
Of the texts, she added: "It's really hurting me. Seeing those messages it makes me so upset."
Claims of Inequality
The Australian reported Indigenous man Stephen Rioli — who also had an excellent work history, no relevant criminal history, and was considered of good character — was sentenced to 18 months in prison for a hit-and-run causing death last month. He was speeding and more than three times over the alcohol limit when he struck and killed a woman on July 15, 2024.
Rioli left the scene for 17 minutes before returning to call emergency services and admit he was the driver.
NAAJA chairperson Theresa Roe said Mr Danby's case highlighted the stark inequality between Aboriginal and non-Aboriginal Territorians, with families across the Territory expressing their "disgust and dismay" at the outcome.
Despite nearly half of all people incarcerated in the NT being held on remand, Mr Danby was granted bail, supported by stable housing, employment and no prior convictions.
"Unfortunately, many Aboriginal Territorians have a very different experience of the justice system due to chronic housing instability, limited access to employment and educational opportunities, over policing and racism," Ms Roe said.
She described Mr Danby's texts as "racist" and "dehumanising," adding: "There is little to suggest the offender's racist attitudes have been reformed, despite the immense harm for Aboriginal communities across the NT caused by such attitudes."
Social Justice Commissioner Katie Kiss earlier urged the DPP to appeal, saying the sentence showed "systemic racial discrimination on full display".
"This is a clear demonstration that the mainstream system continues to deny both to Aboriginal People," she said.
"Aboriginal lives are not protected by the State. There is no justice in this outcome."
