Kumanjayi White's cause of death remains medically undetermined, Northern Territory Police say, as the Indigenous social justice commissioner says the decision not to charge anyone over his death highlights the need for independent investigations into deaths in custody.
The disabled 24-year-old Warlpiri man, known as Kumanjayi White for cultural reasons, died one year ago on Wednesday after being restrained by two plain-clothed NT Police officers inside a Coles supermarket in Alice Springs.
On Tuesday, NT Police said they had received advice from the Director of Public Prosecutions (DPP) that no charges should be laid against the officers, one day before the first anniversary of Mr White's death.
After initially declining to say how Mr White died, NT Police Commissioner Martin Dole told ABC Radio on Wednesday that 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 said. "Obviously, a cause of death was associated with that event, but that will be examined fully in the coronial process."
Commissioner Dole also revealed it was Queensland Police who provided the "independent" use-of-force review requested by NT prosecutors, which deemed the officers' actions appropriate.
The decision not to charge anyone over Mr White's death sparked outrage, with the family releasing a statement saying they were "heartbroken" and "angry".
"We have got no hope. When will we have our justice? How can we keep living like this?" they said in the statement provided to the ABC.
On Wednesday, Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss, said the outcome once again "highlights the urgent need to ensure that deaths in custody should be independently investigated".
"Police should not be investigating other police," she said.
"In the Northern Territory, the police investigate and gather the evidence about a possible crime. The DPP assesses the police evidence. Police should not be investigating other police in death in custody matters. This undermines community confidence and leads to risks of flawed investigations."
Commissioner Kiss said the commission supported calls from Indigenous community members and leaders for justice sector reform.
"This case underscores the urgent need for governments to fully implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody," she said.
"Thirty-five years on from the Royal Commission, many of its recommendations remain unimplemented."
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At a snap press conference in Federal Parliament on Tuesday afternoon, a visibly emotional Senator Lidia Thorpe lamented that once again an Indigenous death in custody had resulted in "no justice".
"I'm angry, I'm devastated, and I'm sick of being angry and devastated when I get these stories, and no accountability, no justice for my people ever," she told reporters. "And where there is no justice, there is no peace. We don't have peace in our lives, we're dealing with this every day."
The Victorian senator said Aboriginal people across the country felt "hopelessness" when people were not held accountable for deaths in custody.
"It's been over 600 [Indigenous deaths in custody]," she said. "Not one police officer has ever been held accountable ever. Why isn't that a national crisis?
"No wonder people feel hopelessness; I'm starting to feel that hopelessness. He was a young man with a disability in a Coles supermarket. Why is it okay that this is happening?"
