Ahead of the coronial inquiry into the death in police custody of Kumanjayi White, his family are demanding transparency and accountability in the ongoing investigation.
On Thursday morning in the Alice Springs Local Court, NT Coroner Elisabeth Armitage will hold the first directions hearing for the inquest into Mr White's death.
The 24-year-old Warlpiri man, who was disabled and under state guardianship, died in May after being restrained by two plain-clothed NT Police officers at a Coles supermarket in Mparntwe/Alice Springs. He had been living in supported accommodation at the time.
Nearly five months on, no charges have been laid, and none of the officers involved have been stood down.
Last month, NT Police confirmed they had received the final autopsy report into Mr White's death, and that a decision on whether to prosecute now rests with the NT Director of Public Prosecutions (DPP).
However, Mr White's family say they have been given no updates on the progress of the case. His grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said it had been months since his Jaja (grandson) died in custody but "still we have no justice, still we are being told to wait".
"We have been told there is a criminal investigation and police have given a brief of evidence to the DPP, but the police involved in my Jaja's death are still on duty. How is this possible? They must be stood down immediately," he said.
"We know that if an Aboriginal person had done this, they would be behind bars."
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NT Police have not named the officers involved or confirmed any disciplinary action. National Indigenous Times understands one of the officers is NT Police prosecutor Steven Haig, who has continued working in Alice Springs since the incident.
NT Police Commissioner Martin Dole told reporters last month that it was not NT Police policy to "comment on individual officers involved," but confirmed the officers are working in "non-operational, forward-facing positions in administrative roles".
National Indigenous Times previously reported Mr Haig has been accused of aggressive conduct toward Indigenous people. NT Police have declined to say whether any internal disciplinary measures have been taken.
The family has also criticised plans for a media briefing by the DPP, describing it as culturally unsafe, deeply insensitive, and inconsistent with trauma-informed practice. They say proceeding before consulting the family could breach the NT Charter of Victims' Rights.
George Newhouse, Principal Solicitor of the National Justice Project, said the delays and lack of transparency were "eroding what little faith the family has in our legal system".
"The family continues to demand that the officers be stood down immediately now that a brief has been sent to the DPP," he said.
"How the police and the DPP have handled this situation is another example of how the colonial justice system fails First Nations people. An independent investigation is still urgently needed."
Mr Hargraves said the family wanted parumpurru - justice.
"It is sacred. Kardiya - white people - don't respect it, but we respect it, because parumpurru is the truth," he said.
"We are still fighting a bunch of rlinjirrpa - aggressive bullies. We're not getting any truth from the colonial system."
Mr White's death sparked nationwide protests and calls for an independent investigation from his family, legal advocates, land councils, and human rights organisations - calls rejected by both NT Police and Chief Minister Lia Finocchiaro.
Following Mr White's funeral in September, NT Police's executive director of cultural reform, Leanne Liddle, visited Yuendumu, acknowledging 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 respect as the process by the director of public prosecutions runs its course," she said.
Ms Liddle said while the investigation had taken months, 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."
Mr Hargraves said family members plan to travel from Yuendumu to Darwin on November 22 to protest at Parliament House.
"We will join with other communities to take a stand against the racist CLP government," he said.
"We want an end to this government and their policies that are locking up and killing our people. We are suffering. We want the Prime Minister to take action and force them to change. We will keep fighting for justice for Kumanjayi White and all our people."
