Aboriginal and Torres Strait Islander readers are advised that this article contains the name of an Indigenous person who has died which is used with the permission of their family.
The Northern Territory Police have received the final autopsy report into the death in custody of Kumanjayi White and confirmed that the decision to prosecute now rests with the NT Director of Public Prosecutions (DPP).
Mr White, a disabled 24-year-old Warlpiri man with strong ties to Yuendumu, died in May after being restrained by two plain-clothed NT Police officers at a Coles supermarket in Mparntwe/Alice Springs. He was under state guardianship and living in supported accommodation at the time.
His death sparked nationwide protests and calls for an independent investigation from his family, legal advocates, land councils, and human rights organisations — calls which were rejected by both the NT Police and Chief Minister Lia Finocchiaro.
Acting NT Police Commissioner Martin Dole told reporters that as part of the NT Police's obligations, they have "compiled a full and comprehensive brief of evidence, which has now been provided to the DPP".
"It is the Director of Public Prosecutions that will now determine whether criminal charges will be laid against any officer or officers involved," he said.
Leanne Liddle, NT Police's executive director of cultural reform, visited Yuendemu in the wake of Mr White's funeral last week. Speaking to reporters on Monday, she acknowledged the "immense grief" felt by the family and community.
"I know that there will be anger and hurt in the days and weeks ahead, and I want to appeal for calm and for the respect as a process by the director of public prosecutions runs its course," she said.
"Now is the time for patience to allow the independent authorities to do their job, and ensuring that Kumanjayi White's family and other affected families are given the space and support that they deserve."
Ms Liddle said that while investigations like these "take a long time", the delay was necessary.
"People have said that this process has taken too long," she said. "But we've had to wait this period of time to get the brief together and the information together before we move forward. And it's difficult for people to understand the depth of the briefs that need to be provided."
Protests and Calls for Independent Inquiry
Mr Dole said the coronial investigation remains ongoing. He declined to comment on a timeframe or the autopsy findings, saying it was a "matter for the DPP".
"Currently, that autopsy is sitting with...the investigative package that's been given to the DPP and for independence that needs to be considered by the DPP without influence," he said.
NT Police have defended handling the inquiry internally, arguing that an external probe could compromise future prosecutions. However, in other states, some cases are referred to oversight bodies such as the Law Enforcement Conduct Commission in NSW.
Calls for an independent inquiry have also been backed by Minister for Indigenous Australians, Malarndirri McCarthy, Senator Lidia Thorpe, and Marion Scrymgour, Member for Lingiari and Special Envoy for Remote Communities.
Mr Dole said there is no investigative body across Australia that "can just be called upon" to investigate deaths independently.
"So, we've not shied away from those conversations nationally," he said.
"If people are still calling for that to occur — and we're happy to be involved in those conversations nationally with other police commissioners and with politicians — if something like that was to be set up across Australia."
Officers Not Stood Down
NT Police have not named or stood down the officers involved. National Indigenous Times understands one officer is NT Police prosecutor Steven Haig, who has continued working in Alice Springs since the incident. Mr Dole said it was not NT Police policy to "comment on individual officers involved," but confirmed the officers worked in "non-operational, forward-facing positions in administrative roles".
National Indigenous Times previously reported Mr Haig has been accused of aggressive conduct towards Indigenous people. NT Police have refused to disclose whether any disciplinary action has been taken.
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Last month, court documents revealed charges against Mr White's father by kinship, Martin "Isaac" Jabarula White, were dismissed after being found "improperly laid" due to an administrative error. Mr Haig had signed off on the charge.
Mr White said it was wrong for Mr Haig to be involved in his prosecution, given his role in his son's death.
"He shouldn't be working," he said at the time. "My message is just: get him out of [a] job."
In July, Mr White's family lodged a claim with the Federal Court seeking a declaration that the officers "acted unlawfully" when apprehending him and used force that contributed to his death. The claim alleges the force was "unreasonable" — amounting to assault and battery.
"They messed with the wrong family," Mr White's aunt, Maxine Carlton, told the ABC.
"We're going to fight this all the way, no matter what it takes. We want justice for our son."
Warlpiri Elder Ned Jampijinpa Hargraves, Mr White's grandfather, told the ABC the family are "sick and tired of being let down". Court filings noted the only information provided so far came from "two media releases issued by the Northern Territory government" in May.
