Candle-lit vigil for man who died in police custody
Hundreds of people have attended a candle-lit vigil outside a territory's parliament in support of a desert community which has lost a second young man in a death-in-custody incident.
The vigil in Darwin was held on Wednesday night amid growing calls for an independent investigation into the death of mentally disabled man Kumanjayi White on May 27.
He died shortly after being forcibly restrained by two plain-clothes police officers in a supermarket in Alice Springs.
Police allege the the 24-year-old, originally from the outback community of Yuendumu, was shoplifting and had assaulted a security guard who confronted him in the confectionery aisle.
At Wednesday's vigil a large banner stating "We stand with Yuendumu" was displayed in front of the parliament's entrance while another banner laid on the ground read "Justice for White".
Organisers invited people to put lighted candles or flowers on that banner following speeches about the mistrust of police in Aboriginal communities and the need for an external inquiry into Mr White's death.
Several women elders of the Warlpiri people wailed in grief as the tributes were laid.
Justice Not Jails spokesperson Jade Richie said "no police should be investigating police" in a death-in-custody case.
Her group is organising a "national week of action" in response to Mr White's death in custody, with vigils planned across the country.
NT Police and Chief Minister Lia Finocchiaro have strongly rejected calls for an external investigation, saying police are the right authority to carry out an investigation coupled with a coronial inquiry.
On Wednesday the Central Land Council (CLC) representing Indigenous people in the NT's dry desert centre called on the federal government to withhold funding from the NT government.
The council wants an independent police conduct commission to be set up with adequate funding so an independent inquiry led by the NT coroner can be concluded within a year.
"Unlike most jurisdictions the NT lacks a body to investigate police misconduct and has failed to overhaul the culture of its police force," CLC chair Warren Williams said in a statement.
"But let me be clear, only money will force the NT government to act. Our lives are worth less than a chocolate bar to those in power and money is the only language they understand."
Mr Williams said measures must target officers with "a history of complaints and racist attitudes" so Indigenous communities could regain confidence in the police after trust has been eroded.
The Yuendumu community also lost 19-year-old Kumanjayi Walker in 2019 when he was fatally shot by then NT police officer Zachary Rolfe during a bungled arrest.
Mr Rolfe was in 2022 found not guilty of all charges over the death.
The Kumanjayi Walker coronial findings have been postponed until July 7 after Kumanjayi White's death in custody.
Federal Indigenous Australians Minister Malarndirri McCarthy said on Thursday an independent death in custody probe might be warranted "in the interest of having some separation".
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ABC News
26 minutes ago
- ABC News
Kumanjayi White's family want NT Police to hand over investigation into his death. Who could take it?
Aboriginal and Torres Strait Islander readers are advised that this article contains the name of an Indigenous person who has died, used with the permission of their family. Since 24-year-old Yuendumu man Kumanjayi White died after being restrained by Northern Territory police officers inside the Alice Springs Coles, his family has repeatedly called for an independent investigation. But is that legally possible? Could the federal government intervene? And what other body could investigate the young man's death? Mr White died after officers, who were not in uniform, responded following an altercation between Mr White, who lived with disabilities, and a security guard inside the supermarket on May 27. NT Police alleged Mr White placed "items down the front of his clothing when he was confronted by security guards" and that a security guard was assaulted. As Mr White's community of Yuendumu grieves, NT Police has refused his family's request to hand the investigation over and allow them to review the CCTV footage. Assistant Commissioner Travis Wurst said he will lead the investigation and "provide oversight" along with NT Police's Professional Standards Command, pledging it will be "objective, professional and transparent". "Detectives have collected a considerable amount of evidence and the public can be assured that a full and thorough investigative report will be prepared for the coroner," he said. He said the evidence includes CCTV footage and the security guards' body-worn cameras. The coronial inquest has been paused while police determine "whether any criminality was involved". Police said they won't release evidence, including the camera footage which Mr White's family has requested to see, until their investigation concludes. They have not shared a timeline for the investigation. The territory's forensic pathologist is also doing further work to determine Mr White's cause of death, after an autopsy was inconclusive. We don't know yet what the evidence will show about how Mr White died. John Lawrence SC, former Crown prosecutor in Darwin and former president of the NT Bar Association, said investigators should gather all evidence that is potentially relevant. "It will include eyewitness accounts, body-worn camera footage of the security guards, forensic evidence that'll be gathered including the post-mortem determination as to the cause of death," Mr Lawrence told the ABC's Indigenous Affairs Team. "It's then considered by the prosecutor as to what, if any, offences have been committed and what, if any charges are laid." Jeremy King is principal lawyer at Robinson Gill Lawyers and head of the firm's police misconduct practice. He previously acted for the mother of Veronica Nelson, an Aboriginal woman who died in a Victorian prison cell in 2020. Mr King said NT Police is required to look at whether any force was used and assess whether it was lawful, reasonable and proportionate. "You would worry that perhaps (Mr White's disability) is not going to be front of mind with police when looking at this," Mr King said. Advocacy groups including Justice Not Jails, Justice for Walker and Amnesty International have been at the forefront of calls for an external inquiry, alongside Kumanjayi White's grandfather, Warlpiri elder, Ned Jampijinpa Hargraves. Indigenous Australians Minister Malarndirri McCarthy is also among those who have said it may be necessary for an inquiry to take place at arm's length from NT police, to ensure impartiality. Marion Scrymgour, the federal Labor MP for NT electorate Lingiari, has called for Australian Federal Police (AFP) detectives to "take over" the investigation. The Central Land Council (CLC) has called on the federal government to withhold funding from the NT government "until it sets up an independent police conduct commission". Hannah McGlade, who is Kurin Minang Noongar associate professor at Curtin Law School, said the standard required under international human rights law is that police cannot investigate police. "This is not independent or impartial," Dr McGlade said. She pointed to the UN's minimum rules for the treatment of prisoners — the so-called "Nelson Mandela rules" — which state that any custodial death must be investigated by "a judicial or other competent authority that is independent of the prison administration". Barrister John Lawrence SC, who represented one of the Don Dale youth detainees during the 2016 royal commission, alleged NT Police was selective in the information it provided about the events on May 27, which he says indicated "bias". He criticises police for telling reporters Kumanjayi White had assaulted a security guard (which he says hasn't been established) and allegedly assaulted a woman earlier in the day — but not sharing details of Mr White's disability, or the level of force used when he was apprehended in Coles. "Police putting that out there, not only besmirches horribly the deceased's character and sullies him, but it must have caused great grief and distress, and no doubt, anger for the family," he said. The NT Police told the ABC in a statement "in the Northern Territory, there are specific legislation which governs the disclosure of information about a person's physical, mental health, disability and criminal records". Some legal experts said the work the NT Police has done to date can and should be handed over to another investigative unit. "The obvious candidates would appear to be units from other police forces," Mr Lawrence said, adding that the Victorian police force could be an option. "Because you do want the best investigators gathering all of the evidence that's potentially relevant. "Legally and constitutionally, the Labor government has legislative authority over the NT complete — they could just legislate tomorrow in the federal parliament, ordering the police investigation into the death of Kumanjayi White should be from now on handed over to a specialist unit from another state." Victorian police accountability lawyer Jeremy King does not want to see the matter looked at by police in any jurisdiction. "It doesn't matter whether it's NT Police, Victoria Police, NSW Police or New Caledonian Police, the fact of the matter is that police should not be investigating themselves," Mr King said. "There needs to be an independent authority looking at this carefully and properly, and independently investigating it. "And then coming back with recommendations regarding criminal charges, and then coming back with a brief for the coroner." Mr King said that until there is independent oversight there will be little "incentive for police to act in accordance with the law and to not act with impunity in these situations because they know they'll just get investigated by their brother and sister cops". It was NT Police that charged Zachary Rolfe with murder as well as the two alternative charges of manslaughter and engaging in a violent act causing death over the fatal shooting of 19-year-old Kumanjayi Walker during an attempted arrest in the remote community of Yuendumu. A jury in the NT Supreme Court cleared Mr Rolfe of all charges in 2022. The Little Children are Sacred inquiry on child sexual abuse is an example of an external body investigating criminality in the NT, and what is known as the NT Intervention afterward, an example of the federal government stepping in, according to Dr McGlade. During COVID the AFP was brought into the territory to man checkpoints at Aboriginal bush communities. "The NT will take federal assistance when it suits their interest," Dr McGlade said. Mr King said if the "commonwealth wanted to take this seriously" it could drive another Black Deaths in Custody Royal Commission, but specifically looking at the NT, similar to the 2016 royal commission sparked by abuses as Don Dale juvenile detention centre. "The commonwealth has the power to do that," he said. But he added that communities may have little faith any royal commission's findings would be implemented. The Northern Territory Chief Minister Lia Finocchiaro has vehemently ruled out an independent investigation. "It is entirely appropriate [that NT Police investigates] and this is exactly what happens for all deaths in custody," she told ABC Radio Darwin. She said she wanted to avoid the previous Labor government's "mistakes" when then-chief minister Michael Gunner promised the Yuendumu community "consequences will flow" after the death of Kumanjayi Walker in 2019. A later ICAC probe cleared him of alleged political interference in the decision to charge Mr Rolfe. Acting Commissioner of Police Martin Dole has issued a statement saying he "respectfully reject[s]" calls for the probe into Mr White's death to be handed to an external body. He said the major crimes division "operates under strict protocols and with full transparency". The NT Police union told the ABC it wouldn't be commenting while an investigation is underway. All deaths in custody in the NT must be reviewed by a coronial inquest. Police said their investigation will be "independently reviewed by the NT Coroner, who has broad powers to examine all aspects of the incident and make findings without interference". The NT coroner spent more than two years examining the 2019 police shooting of Kumanjayi Walker. Those findings will now be handed down on July 7.
The Advertiser
2 hours ago
- The Advertiser
Calls for justice and action on deaths in custody
Vigils calling for justice are continuing across Australia as part of a national week of action following the death of a young Aboriginal man in police custody. Kumanjayi White, 24, who had a mental disability, died on May 27 shortly after being forcibly restrained by two plain-clothes police officers inside a supermarket in Alice Springs. His death has sparked national outcry, with his family demanding an independent inquiry and for the officers involved to be stood down. Speaking at a rally outside Victoria's parliament on Friday, Mr White's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said his grandson was "killed for no good reason." "What have we done to you. We are supposed to be working together in harmony but (police) are taking away our lives," he said. "He was not a criminal. He was a quiet, young man." The rally was also attended by Krauatungalung Elder Uncle Robbie Thorpe, Senator Lidia Thorpe, and Aunty Donna Kerr, the mother of Joshua Kerr. Ms Kerr spoke of the urgent need for justice, recalling how her own son, an Indigenous man, was found unconscious in his prison cell and later died in August 2022. "Shame on this country. Shame on what they have done to our kids and families in incarceration. There is not a day that goes past where I pinch myself because my son is never coming home," she said. "How are we here today, going three years since my boy, now another child, shame. Justice is what we want in this country." About 300 people attended the vigil on the steps of Victorian parliament, holding signs that read "Who is the real thief?" and "Genocide in progress". Senator Thorpe said more must be done to stop the "genocide" in Australia, noting it had been five years since the global Black Lives Matter movement was ignited after the police killing of George Floyd in the US. She vowed to support the family's call for an independent investigation into police. NT Police on Friday confirmed the officers had not been stood down. Chief Minister Lia Finocchiaro rejected calls for an external investigation, saying police are the right authority to carry it out coupled with a coronial inquiry. Vigils have been organised across the nation, including Sydney, Brisbane, and Wollongong on Saturday with events in Perth and Adelaide to follow on Sunday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636 Vigils calling for justice are continuing across Australia as part of a national week of action following the death of a young Aboriginal man in police custody. Kumanjayi White, 24, who had a mental disability, died on May 27 shortly after being forcibly restrained by two plain-clothes police officers inside a supermarket in Alice Springs. His death has sparked national outcry, with his family demanding an independent inquiry and for the officers involved to be stood down. Speaking at a rally outside Victoria's parliament on Friday, Mr White's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said his grandson was "killed for no good reason." "What have we done to you. We are supposed to be working together in harmony but (police) are taking away our lives," he said. "He was not a criminal. He was a quiet, young man." The rally was also attended by Krauatungalung Elder Uncle Robbie Thorpe, Senator Lidia Thorpe, and Aunty Donna Kerr, the mother of Joshua Kerr. Ms Kerr spoke of the urgent need for justice, recalling how her own son, an Indigenous man, was found unconscious in his prison cell and later died in August 2022. "Shame on this country. Shame on what they have done to our kids and families in incarceration. There is not a day that goes past where I pinch myself because my son is never coming home," she said. "How are we here today, going three years since my boy, now another child, shame. Justice is what we want in this country." About 300 people attended the vigil on the steps of Victorian parliament, holding signs that read "Who is the real thief?" and "Genocide in progress". Senator Thorpe said more must be done to stop the "genocide" in Australia, noting it had been five years since the global Black Lives Matter movement was ignited after the police killing of George Floyd in the US. She vowed to support the family's call for an independent investigation into police. NT Police on Friday confirmed the officers had not been stood down. Chief Minister Lia Finocchiaro rejected calls for an external investigation, saying police are the right authority to carry it out coupled with a coronial inquiry. Vigils have been organised across the nation, including Sydney, Brisbane, and Wollongong on Saturday with events in Perth and Adelaide to follow on Sunday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636 Vigils calling for justice are continuing across Australia as part of a national week of action following the death of a young Aboriginal man in police custody. Kumanjayi White, 24, who had a mental disability, died on May 27 shortly after being forcibly restrained by two plain-clothes police officers inside a supermarket in Alice Springs. His death has sparked national outcry, with his family demanding an independent inquiry and for the officers involved to be stood down. Speaking at a rally outside Victoria's parliament on Friday, Mr White's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said his grandson was "killed for no good reason." "What have we done to you. We are supposed to be working together in harmony but (police) are taking away our lives," he said. "He was not a criminal. He was a quiet, young man." The rally was also attended by Krauatungalung Elder Uncle Robbie Thorpe, Senator Lidia Thorpe, and Aunty Donna Kerr, the mother of Joshua Kerr. Ms Kerr spoke of the urgent need for justice, recalling how her own son, an Indigenous man, was found unconscious in his prison cell and later died in August 2022. "Shame on this country. Shame on what they have done to our kids and families in incarceration. There is not a day that goes past where I pinch myself because my son is never coming home," she said. "How are we here today, going three years since my boy, now another child, shame. Justice is what we want in this country." About 300 people attended the vigil on the steps of Victorian parliament, holding signs that read "Who is the real thief?" and "Genocide in progress". Senator Thorpe said more must be done to stop the "genocide" in Australia, noting it had been five years since the global Black Lives Matter movement was ignited after the police killing of George Floyd in the US. She vowed to support the family's call for an independent investigation into police. NT Police on Friday confirmed the officers had not been stood down. Chief Minister Lia Finocchiaro rejected calls for an external investigation, saying police are the right authority to carry it out coupled with a coronial inquiry. Vigils have been organised across the nation, including Sydney, Brisbane, and Wollongong on Saturday with events in Perth and Adelaide to follow on Sunday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636 Vigils calling for justice are continuing across Australia as part of a national week of action following the death of a young Aboriginal man in police custody. Kumanjayi White, 24, who had a mental disability, died on May 27 shortly after being forcibly restrained by two plain-clothes police officers inside a supermarket in Alice Springs. His death has sparked national outcry, with his family demanding an independent inquiry and for the officers involved to be stood down. Speaking at a rally outside Victoria's parliament on Friday, Mr White's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said his grandson was "killed for no good reason." "What have we done to you. We are supposed to be working together in harmony but (police) are taking away our lives," he said. "He was not a criminal. He was a quiet, young man." The rally was also attended by Krauatungalung Elder Uncle Robbie Thorpe, Senator Lidia Thorpe, and Aunty Donna Kerr, the mother of Joshua Kerr. Ms Kerr spoke of the urgent need for justice, recalling how her own son, an Indigenous man, was found unconscious in his prison cell and later died in August 2022. "Shame on this country. Shame on what they have done to our kids and families in incarceration. There is not a day that goes past where I pinch myself because my son is never coming home," she said. "How are we here today, going three years since my boy, now another child, shame. Justice is what we want in this country." About 300 people attended the vigil on the steps of Victorian parliament, holding signs that read "Who is the real thief?" and "Genocide in progress". Senator Thorpe said more must be done to stop the "genocide" in Australia, noting it had been five years since the global Black Lives Matter movement was ignited after the police killing of George Floyd in the US. She vowed to support the family's call for an independent investigation into police. NT Police on Friday confirmed the officers had not been stood down. Chief Minister Lia Finocchiaro rejected calls for an external investigation, saying police are the right authority to carry it out coupled with a coronial inquiry. Vigils have been organised across the nation, including Sydney, Brisbane, and Wollongong on Saturday with events in Perth and Adelaide to follow on Sunday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636
Perth Now
2 hours ago
- Perth Now
Calls for justice and action on deaths in custody
Vigils calling for justice are continuing across Australia as part of a national week of action following the death of a young Aboriginal man in police custody. Kumanjayi White, 24, who had a mental disability, died on May 27 shortly after being forcibly restrained by two plain-clothes police officers inside a supermarket in Alice Springs. His death has sparked national outcry, with his family demanding an independent inquiry and for the officers involved to be stood down. Speaking at a rally outside Victoria's parliament on Friday, Mr White's grandfather, Warlpiri Elder Ned Jampijinpa Hargraves, said his grandson was "killed for no good reason." "What have we done to you. We are supposed to be working together in harmony but (police) are taking away our lives," he said. "He was not a criminal. He was a quiet, young man." The rally was also attended by Krauatungalung Elder Uncle Robbie Thorpe, Senator Lidia Thorpe, and Aunty Donna Kerr, the mother of Joshua Kerr. Ms Kerr spoke of the urgent need for justice, recalling how her own son, an Indigenous man, was found unconscious in his prison cell and later died in August 2022. "Shame on this country. Shame on what they have done to our kids and families in incarceration. There is not a day that goes past where I pinch myself because my son is never coming home," she said. "How are we here today, going three years since my boy, now another child, shame. Justice is what we want in this country." About 300 people attended the vigil on the steps of Victorian parliament, holding signs that read "Who is the real thief?" and "Genocide in progress". Senator Thorpe said more must be done to stop the "genocide" in Australia, noting it had been five years since the global Black Lives Matter movement was ignited after the police killing of George Floyd in the US. She vowed to support the family's call for an independent investigation into police. NT Police on Friday confirmed the officers had not been stood down. Chief Minister Lia Finocchiaro rejected calls for an external investigation, saying police are the right authority to carry it out coupled with a coronial inquiry. Vigils have been organised across the nation, including Sydney, Brisbane, and Wollongong on Saturday with events in Perth and Adelaide to follow on Sunday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636
