The family of a young Warlpiri man who died last year after being restrained by two plain-clothed police officers say they no longer feel safe in public spaces after it was announced no charges would be laid.
The disabled 24-year-old, known as Kumanjayi White for cultural reasons, died one year ago on Wednesday 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, while also stating the cause of his death remains medically undetermined.
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No justice
In a statement released on Thursday, Kumanjayi White's mother's family said they are "heartbroken" and "angry".
"Our hearts are breaking. We have no hope. When will we have our justice? How can we keep living like this? After this, how many of us will be crushed? killed?" they said.
"We've been told by the DPP today that they are not charging any of those people who held down our son until he stopped breathing.
"What does this mean? We don't know. They did not tell us why; they haven't given us the insight. Does this mean that this deadly force is 'reasonable'? That we can expect even more of this from you now — more crushing? more deaths?
"He was just in the supermarket — he hadn't done anything wrong. Because the police aren't charging these men, how can any of us feel safe in these places where we have to go? We just want to live our own lives. You are not keeping us safe. We feel in danger from you."
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Over the past year, NT Police and the NT Chief Minister rejected calls from the family, Indigenous bodies, human rights groups, lawyers and politicians for an independent investigation.
On Wednesday, Police Commissioner Martin Dole revealed Queensland Police had undertaken an "independent" use-of-force review requested by NT prosecutors, which deemed the officers' actions appropriate.
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."
'What sorry is there for us?'
The family also criticised the timing of the announcement, which came on National Sorry Day and on the eve of the first anniversary of Kumanjayi White's death.
"The police commissioner — who didn't come to Lajamanu to talk to us —was in Alice Springs ready to talk to the media," they said.
"They made this announcement on National Sorry Day — what sorry is there for us? The timing of this message is disrespectful. None of them who were in Lajamanu or there in Alice Springs understand proper way.
"They weren't thinking about us, only themselves. We have been asking for their decision for a long time. They have ignored us. And they leave it until now.
"We feel that they continue to treat us as if we are less than human."
No chance of prosecution - police
Commissioner Dole told reporters on Tuesday the DPP formed the view there was "no reasonable prospects of a successful prosecution".
"I acknowledge immediately that this outcome will cause significant distress, pain, and anger for Kumanjayi White's family, for many Aboriginal people across Central Australia and the Territory, and for members of the broader community," he said.
"While the decision not to proceed with charges was made based on the evidence and applicable legal thresholds, we recognise this outcome may be difficult for Kumanjayi White's family.
"A man lost his life. That fact remains at the centre of this matter, and it must never be lost in legal or procedural discussions."
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The family said there has been "no justice in this process". Instead, they said, it is just "grief on top of grief on top of grief".
"That's what we're going through — but you don't understand what that means. You don't understand all this grief heaped on us. We can't heal from all that, and that's trauma. Trauma upon trauma upon trauma," they said in the statement.
"Some of us have worked for decades in and with your criminal justice system, trying to work with you to find justice for everyone.
"Our trust is broken. There is no justice in your system. We are sick of being treated unequally. We are sick from being treated unequally. Yapa life has become about enduring your injustice."
