Senator Lidia Thorpe has referred Northern Territory Attorney-General Marie-Clare Boothby to the Territory's corruption watchdog, alleging political interference in the operations of the Supreme Court.
The independent senator filed her report with the NT Independent Commissioner Against Corruption (ICAC) on Tuesday afternoon, calling for a thorough investigation.
The complaint, seen by National Indigenous Times, says: "Respect for the division of powers is integral to the proper functioning of the NT's democratic institutions and fundamental right to due legal process."
The referral follows the publication of a leaked email from Chief Justice Michael Grant AO to Acting Chief Executive of the Attorney-General's Department, Leonique Swart, dated October 8. The email, first published by Sydney-based law journal Justinian, revealed concerns that the Department had blocked the Court from sending a media release to The Australian newspaper.
Chief Justice Grant wrote that he had "been advised that you have recently and unilaterally directed the Court's media liaison officer not to send a communication to The Australian newspaper, which I requested him to send".
He said he had been told a new, unwritten policy required all Court media communications to be approved by the Department's chief executive, describing the alleged action as a potential breach of judicial independence.
"I am extremely disturbed that you have purported to interfere with the Court's independence and operations," he wrote, calling on Ms Swart to "confirm without delay" that she would cease any interference.
Both the Court's media office and the Attorney-General's Department have since said the matter was a "misunderstanding" and denied the existence of any such policy.
The email was sent two days after The Australian published footage of the hit-and-run death of a 39-year-old Aboriginal man, referred to as Mr Whitehurst for cultural reasons. The media coverage followed the sentencing of Darwin man Jake Danby, who entered a guilty plea to hit-and-run driving causing death and received no prison time.
In her submission, Senator Thorpe says the timing of the email by Justice Grant "raises concerns" that Ms Boothby "may have been exerting undue influence over the course of justice in regard to this matter, in turn undermining the independence of the judiciary and undermining the appropriate separation of powers".
"This matter also raises broader concerns regarding the Attorney General and her department's conduct in relation to legal proceedings and police investigations," the complaint says
Any attempt by the Attorney-General and/or her department to intervene would be an "abuse of authority and a clear failure to manage significant conflicts of interests," it added.
National Indigenous Times does not suggest Ms Boothby has done anything untoward or outside the realms of her role, only that there has been a submission to ICAC.
Senator Thorpe told National Indigenous Times her referral to the corruption watchdog is about "uncovering the truth".
"I'm not going as far as to say the Attorney-General is guilty - we don't know what level of involvement she's had - but I have serious concerns about her department's conduct and the clear conflict of interest. It must be properly investigated," she said.
National Indigenous Times has contacted the Attorney-General for comment.
The controversy comes after it was revealed Mr Danby's stepmother is Ms Boothby's sister - a fact the Attorney-General did not disclose when speaking publicly about the case last month. The connection was first revealed by the NT Independent.
Ms Boothby later said she informed CLP leader Lia Finocchiaro "immediately" after the accident last year, and denied any wrongdoing.
"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 has since defended Ms Boothby, saying she has "full confidence" in her.
Senator Thorpe said she had referred Ms Boothby to ICAC because there are "serious questions about what's been going on with the Danby hit-and-run case," including the delay in Ms Boothby admitting her connection to Mr Danby.
"We don't know all the facts yet, but her department trying to [allegedly] influence the operations of the Supreme Court, potentially in relation to this matter, is a big red flag," she said.
"The courts aren't part of the Attorney-General's department. Any attempt to influence how they operate is an attack on the independence of the judiciary. Ministers need to be upfront about conflicts of interest.
"ICAC needs to get to the bottom of this, and the NT Attorney-General can't just shrug it off. If she [Ms Boothby] denies involvement, she should welcome an ICAC investigation."
Over the weekend, Shadow Attorney-General Chansey Paech called on the government to release the full correspondence from Chief Justice Grant, describing the allegations as "deeply concerning" and arguing Territorians deserve to know what happened.
"This follows recent questions about the Attorney-General's own judgment and integrity, and Territorians have every right to expect higher standards from the person responsible for upholding the law," the Arrernte and Gurindji man told National Indigenous Times.
"If there's nothing to hide, the CLP should release the full correspondence to make clear who authorised the interference and why the Attorney-General made the request. Judicial independence is not negotiable, and Territorians expect their government to act with honesty and integrity."
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Last month, Justice Sonia Brownhill sentenced Mr Danby to a 12-month community corrections order, including five months of home detention. The case caused public outrage after it emerged Mr Danby had sent racist text messages appearing to celebrate the death. The Northern Territory Director of Public Prosecutions has since appealed the sentence, arguing it was "manifestly inadequate."
"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," NAAJA chairperson Theresa Roe said after the sentencing.
Senator Thorpe said this wasn't just about "one case," instead highlighting what many Indigenous people have argued is discrimination in the legal system.
"We have no trust in it - particularly when we see government departments interfering behind the scenes," she said.
"Since coming to power, the NT CLP government has launched a full-scale attack on First Peoples - from cruel 'justice' policies, to dismantling the Treaty process, to the destruction of Country.
"This case, where an Aboriginal man was killed by a relative of a minister, is the latest in a broader pattern of disregard for the lives of First Peoples."
