The family of a disabled Warlpiri man who died in police custody more than a year ago have launched legal action in the Northern Territory Supreme Court, seeking answers over the decision not to prosecute the officers involved.
The 24-year-old man, known as Kumanjayi White for cultural reasons, died on May 27 last year after being restrained by two plain-clothed Northern Territory Police officers inside a Coles supermarket in Alice Springs.
Earlier this year, on the first anniversary of his death, Northern Territory Police informed his family the Director of Public Prosecutions (DPP) had recommended no charges be laid against the officers involved. Queensland Police provided an "independent" use-of-force review, requested by Northern Territory prosecutors, which found the officers' actions were appropriate.
"After considering all available material, including the independent expert report and external legal advice, the DPP formed the view that there are no reasonable prospects of a successful prosecution," a DPP spokesperson said at the time.
The family were told of the outcome of the death in custody investigation and subsequent use-of-force inquiry after authorities flew to Mr White's mother's community of Lajamanu, where the family were participating in sorry business.
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On Monday, the family announced they would seek Supreme Court orders requiring the production of documents identifying the decision-maker behind the decision not to prosecute, or requiring Northern Territory Police to identify that person before the court.
Mr White's grandfather and family spokesperson, Ned Jampijinpa Hargraves, said the family had never trusted the investigation process.
"Now the authorities keep pointing at each other and none will take any responsibility or speak straight to us. Police point to the DPP, the DPP points back to police, nobody will tell us who actually made the decision," he said.
"Kumanjayi was my Jaja and his life was violently cut short. We deserve to know all the information about his death and about the process including who decided that no one should be charged and why.
"We will keep fighting for a genuinely independent investigation".
Confusion remains over who made the decision not to prosecute, with the DPP — which informed the family of the outcome — referring Mr White's lawyers to Northern Territory Police.
George Newhouse, chief executive officer of the National Justice Project, which is representing Mr White's family, said that after waiting more than a year for answers, the family had been told no one would be prosecuted "without any proper explanation of who made that decision or how it was reached".
"The refusal to provide this basic information compounds the family's grief and reinforces the concern they raised from the outset: police should not be left to investigate police and then make decisions about whether one of their own officers should be prosecuted without giving the family of a deceased person any reasons for that decision," Mr Newhouse said.
"The family is also entitled to ask how a decision concerning possible criminal charges arising from a death involving police came to be made within the police force, rather than transparently by an independent prosecuting authority. The apparent institutional conflict requires a clear explanation and proper safeguards."
Even before the outcome of the investigation, the family criticised the length of the process.
Authorities have still not explained how Mr White — who was under state guardianship and living in supported accommodation — died after being taken into police custody. In May, Northern Territory Police Commissioner Martin Dole said the cause of death remained "equivocal".
"I think it's unspecific, so there's not a specific cause in relation to that cause of death," he told ABC Radio at the time. "Obviously, a cause of death was associated with that event, but that will be examined fully in the coronial process."
Mr Dole has previously said the force does not "comment on individual officers involved", but confirmed last year the officers had been moved into non-operational, forward-facing administrative roles. Earlier this year, he said they remained employed by Northern Territory Police.
One of the officers connected to the events surrounding Mr White's death — Northern Territory Police prosecutor Steven Haig — has continued to accept briefs, including prosecuting Mr White's father by kinship, Martin "Isaac" Jabarula White, in August last year.
A four-week coronial inquest into Kumanjayi White's death is scheduled to begin in Alice Springs in April after being delayed to allow the criminal investigation to take place.
