Latest news with #NTSupremeCourt
ABC News
05-05-2025
- ABC News
Appeal launched against guilty verdicts in Kingsley Alley Jr murder trial
Three people found guilty of murdering a teenager after a house party near Darwin in 2022 have launched an appeal seeking to have their convictions thrown out, following what they say was a "miscarriage of justice" during their trial. Madison Butler, 20, her mother Melissa Clancy, 39, and Dechlan Wurramarra, 22, were Another man, who was 17 at the time and cannot be named, was jailed for 14 years for his role in the offending. Lawyers for the then-teenager, Butler and Clancy have now filed appeal notices challenging the way prosecutors conducted the trial and the presiding judge's instructions to the jury. The ABC understands Wurramarra is yet to file a notice but also intends to appeal. The NT Supreme Court heard Kingsley Alley Jr was 'outrun and outnumbered' when Dechlan Wurramarra, Melissa Clancy and the teenager attacked him with a knife and metal poles. ( ABC News: Hamish Harty ) In the documents, seen by the ABC, the lawyers argue that prosecutors' cross-examination of a key witness about inconsistencies between her original witness statement and her evidence at the trial should not have been allowed. The witness, whose identity is suppressed, was the only witness to directly implicate Clancy in Mr Alley's death, telling police Clancy called out from a nearby car for the younger trio to "kill him". "[The witness] gave evidence [at the trial] that either there were no words said from within the car, or that she did not recall," Clancy's lawyers said. "Rather than allowing her to refresh her memory from the written statement … the prosecutor instead put closed, leading propositions to the witness until the witness accepted that the content of the original police statement was true." David Edwardson KC says prosecutors' cross-examination of a witness who implicated Melissa Clancy in Kingsley Alley Jr's murder should not have been allowed to go ahead during her trial last year. ( ABC News: Oliver Chaseling ) Each of the legal teams also accused prosecutors of flouting the presiding judge's instructions about the admission into evidence of "extraordinarily poor" CCTV audio of the killing. "The learned trial judge allowed this over objection by the applicant, albeit on the express basis that [a] transcript was [not] to be provided to the jury," Butler's lawyers said. "Without notice to the applicant or the court, the prosecution displayed a PowerPoint transcript to the jury during its closing address." In a submission supported by Clancy and Butler, the teenager's lawyers also argued the trial judge's instructions to the jury had departed from relevant provisions in the NT's criminal code. Kingsley Alley Jr's family remembered him as "a smart, kind, beautiful soul" after his four killers' sentencing in January. ( ABC News: Hamish Harty ) They said the territory's "joint commission" laws applied "when two or more people agree to commit an offence together and an offence is committed under that agreement". "The trial judge's failure to direct the jury that they had to be satisfied of the relevant intention — being that an offence would be committed 'under the agreement' — was a failure to direct on an essential requirement of the charged offence," the lawyers said. The court will now decide whether to grant the group leave to appeal before setting a hearing date.
ABC News
24-04-2025
- ABC News
Lawsuit claims teens forced to 'fight' for guards' 'entertainment' at Darwin's Don Dale detention centre
A former youth detainee who claims he was forced to "fight other children" for the guards' "entertainment" and spend hours cutting grass with scissors is suing the Northern Territory government for negligence, assault and false imprisonment. In a statement of claim filed with the NT Supreme Court, the man — who cannot be named for legal reasons — said he was detained at The man, now aged in his 30s, alleges he was repeatedly assaulted by guards while in custody, including having his head "slammed" against a door and his arms pushed behind his back "causing both shoulders to dislocate". "The plaintiff was required to perform gardening duties in the grounds of Don Dale … on more than five occasions the plaintiff was directed by [two guards] to use scissors to cut the grass by hand," the court documents read. The man claims he was made to cut the grass at the notorious facility using a pair of scissors as a form of "punishment". ( ABC News: Tristan Hooft ) "The plaintiff believes that the direction to cut grass with scissors may have been a punishment. "It is alleged that this constitutes physical abuse as the action was intended to inflict discomfort on the plaintiff." 'Racial vilification' The man also claims he was disrespected "on various occasions" by another guard who told him that "he was a worthless human, had no life, should be killed and that he will be in prison for 15 years". "On about five occasions in or about 2010 or 2011 youth workers told the plaintiff he should fight other children for their entertainment," the statement of claim reads. "On a further three to five occasions, when the plaintiff stated he could not go to school after receiving treatment for rheumatic fever, youth workers said they did not believe him and placed the plaintiff in the BMU [behavioural management unit] cells from 9am to 3.30pm without lawful authority." The NT government's defence says the former detainee was "using foul language towards staff", "back chatting" and "play fighting". ( ABC News: Tiffany Parker ) The man claims the guards' actions "constitute racial vilification" as they "could incite hatred, serious contempt, revulsion and/or severe ridicule of the plaintiff on the grounds that he was an Aboriginal child". He says the post-traumatic stress disorder he acquired from his time in Don Dale affected his education and employment prospects, and he is seeking more than a decade's lost earnings as a result. Government alleges teen was 'back chatting', 'play fighting' In its defence filed with the court, the NT government broadly denied the claims and refuted the specific allegations of mistreatment. Photo shows The exterior of the Don Dale Youth Detention Centre, with barbed wire in the foreground. Four former detainees who were tear gassed in 2014 at Darwin's notorious Don Dale Youth Justice Centre have had their $1 million payout slashed. Instead, it said the detainee used "foul language" towards guards and back chatted after receiving directions. The defence alleges it was the plaintiff who assaulted other youth detainees and had "to be reminded on several occasions to cease play fighting", and claims he was placed in the BMU "in consequence of [his own] behaviour". "At all material times, officers were acting in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under the [Youth Justice Act]," it reads. The case is due to return to court on May 9 for an administrative hearing.
ABC News
24-04-2025
- Politics
- ABC News
NT government promises urgent bail reform after fatal stabbing of Darwin shop owner
The NT government has promised to urgently pass new bail laws to bring the territory in-line with Victoria and NSW in the wake of a fatal stabbing of a local Darwin grocer. Chief Minister Lia Finocchiaro said parliament would urgently reconvene on Wednesday to act on the law changes, saying she wanted the Northern Territory to have "the toughest bail laws in the country". It comes after 71-year-old Linford Feick was stabbed to death at his Darwin supermarket on Wednesday afternoon after confronting a man allegedly shoplifting. Linford Feick, the owner of the Friendly Grocer in Nightcliff, was fatally stabbed after confronting a man allegedly stealing from the shop. ( ABC News: Laetitia Lemke ) An 18-year-old arrested in relation to Mr Feick's death had been released on bail in the NT Supreme Court "for serious matters" just last week. Outlining the bail reform, Attorney-General Marie-Clare Boothby said the government would introduce an overarching legal principle that would require judges be satisfied an offender was not going to pose a risk to the community if granted bail. Photo shows An older man stands in front of rows of wine in a store. Police say a teenager arrested after the fatal stabbing of Linford Feick, the owner of a Friendly Grocer in Darwin, was bailed last week just days before he turned 18. "That overarching principle must be addressed and considered before any other types of presumption for or against bail is considered," she said. Ms Finocchiaro said the proposed changes would mean there would "be less people bailed". "What we want for the Northern Territory is to have the toughest bail laws in the country," she said. Police on the scene of a fatal stabbing at a Nightcliff supermarket on Wednesday afternoon. ( ABC News: Sam Parry ) Ms Finocchiaro said the government intended to introduce and pass the bail changes into law when parliament sits next week. "I think Territorians will agree that this is very urgent and important work that must be done," she said. Faced with questions about whether the reforms would actually lead to a reduction in crime, and whether bail decisions would ultimately still be at the discretion of a judge, the chief minister said she was "confident it could really set a strong benchmark for community safety". She referred to the recent case of a teen who, charged over a violent home invasion in Alice Springs, was granted The controversial decision involved a $7,000 taxpayer bill for the Department of Children and Families to take him to Lajamanu. When he fled shortly after the funeral, specialist police were flown into the remote community to find the teen. The NT government has promised new laws that would require judges give greater consideration to community safety. ( ABC News: Pete Garnish ) "What we're really trying to do is make sure our laws meet that community expectation and, while judges do require a level of discretion, that our laws are as tight as possible," the chief minister said. "It means judges must consider the safety of the community if they're going to bail that person before they go on and consider all those other bail factors." Photo shows Lajamanu, 800kms north of Alice Springs A 17-year-old charged over a home invasion in Alice Springs that left a baby with a fractured skull, fled after being flown to the remote community of Lajamanu for a funeral. Corrections Minister Gerard Maley acknowledged the reform could add further pressure to remand, and to corrections officers. He said he had consulted with the infrastructure department to try and add 100 more beds to corrections centres across the Northern Territory. "Keeping the community safe is our priority and we intend to make sure that if you commit a crime in the Northern Territory, there will be a bed for you in our corrections system," he said.
Perth Now
24-04-2025
- Perth Now
Findings loom on Indigenous teen fatally shot by police
A coroner will return to the outback to hand down her findings into the death of an Indigenous teenager shot by a police officer during a botched arrest. Warlpiri-Luritja man Kumanjayi Walker died after being shot three times at close range by then-constable Zachary Rolfe during a botched arrest at a home in the Northern Territory community of Yuendumu in November 2019. In March 2022, an NT Supreme Court jury acquitted Mr Rolfe of murdering the 19-year-old. NT Coroner Elisabeth Armitage in November closed her long-running inquest to consider more than 5000 pages of transcripts and 1990 pages of written submissions. An NT courts spokesperson said on Thursday that Judge Armitage would deliver her findings on June 10. Judge Armitage accepted an invitation from the Parumpurru Committee of Yuendumu to deliver her findings in the remote town where she heard some of the evidence. Counsel assisting Peggy Dwyer previously told the inquest that Mr Rolfe's character should be considered as a direct cause of death. "Mr Rolfe was a man whose ego was wrapped up in his use of force, and who took pride in and derived a sense of worth from expressing his dominance over others," she said. "They were generally Aboriginal men and he expressed that dominance with the use of force." Counsel for Northern Territory Police previously told Judge Armitage "it is absolutely undeniable that Mr Rolfe is a racist" based on his derogatory text messages about Indigenous people. Mr Rolfe's solicitor Luke Officer told the coroner racism could not be considered under the Coroner's Act, which only permits her to investigate the cause of death. "There's no need to inquire into whether racism played a part ... there is no direct evidence of that, it has no relevance to cause of death," Mr Officer said. 13YARN 13 92 76 Lifeline 13 11 14
ABC News
24-04-2025
- ABC News
NT coroner to deliver long-awaited findings about police shooting of Kumanjayi Walker
The long-awaited coroner's findings into the death of an Aboriginal man shot by a Northern Territory police officer in 2019 will be handed down on June 10, 2025. WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died, used with the permission of their family. Kumanjayi Walker was killed in the remote Aboriginal community of Yuendumu, 300 kilometres north-west of Alice Springs, on November 9, 2019. Kumanjayi Walker, 19, was fatally shot by Zachary Rolfe in Yuendumu in 2019. ( Supplied ) The Warlpiri-Luritja man's death, and the subsequent prosecution of the police officer responsible, sent shockwaves through the community and made headlines across the country. Zachary Rolfe had been attempting to take Mr Walker into custody when the 19-year-old stabbed Mr Rolfe in the shoulder. The then-officer responded by firing his Glock three times. Mr Rolfe was charged with murder four days later, and was ultimately acquitted of all criminal charges — including manslaughter and engaging in a violent act causing death — after a six-week NT Supreme Court trial in March 2022. Zachary Rolfe was acquitted of all criminal charges in March 2022. ( ABC News: Che Chorley ) Jurors found Mr Rolfe was acting in self-defence and in line with his police training when he fired his weapon. The coronial inquest into Mr Walker's death, which is mandatory under NT law because he died in custody, has been running for more than two-and-a-half years. Coroner Elisabeth Armitage's inquiry was initially scheduled to run for three months, between September and December 2022, but the hearings ultimately stretched across 66 days — over 20 months — as 72 witnesses gave evidence. A series of unsuccessful legal appeals launched on behalf of Mr Rolfe and others, as well as a broad scope of inquiry, contributed to the delays, making it the Elisabeth Armitage says what she uncovered during the coronial inquest was "deeply disturbing." ( ABC News: Michael Franchi ) The coroner's inquiry delved well beyond the night Mr Walker was shot, as she heard evidence about both Mr Rolfe and Mr Walker's lives in the years prior to the death. She examined allegations of racism, cover-ups and excessive use of force among police, as well as the decisions made immediately before and after Mr Walker was killed. Judge Armitage described what she uncovered as "deeply disturbing". The coroner's inquiry investigated allegations of racism within the NT Police Force. ( ABC News: Pete Garnish ) Through text messages found on Mr Rolfe's phone — which he sought to have barred from the inquiry, arguing they were irrelevant — the inquest heard racist language was used among police on the Alice Springs beat. Photo shows a graphic showing a male middle-aged police officer, a young man in a white collared shirt and a woman wearing a dress The coronial inquest into the death of Kumanjayi Walker has finished after almost two years of hearings, leaving the Northern Territory Police Force in crisis. When Mr Rolfe gave substantial evidence to the inquest, more than a year after it began, he told the coroner such language was "normalised" among police and revealed the force's most elite unit had spent years The coronial investigation into the death in custody of the 19-year-old Warlpiri-Luritja man became the trigger for an ICAC inquiry and a string of internal investigations for the Northern Territory Police Force. He has launched an appeal of that decision. Zachary Rolfe was dismissed from the NT Police Force in 2023. ( ABC News: Michael Franchi ) After hundreds of hours of hearings, the coroner received thousands of pages of submissions from the 16 interested parties to the inquest — including Mr Walker's family, Mr Rolfe, the NT Police Force, other government agencies and community organisations. Her findings and recommendations are likely to be lengthy and will be delivered in Yuendumu, where Mr Walker died. "Coroner Armitage has accepted an invitation from the Parumpurru committee of Yuendumu to deliver her findings in Yuendumu, noting that the Local Court regularly sits in Yuendumu, and that the Coroners Court has a history of, where possible, conducting inquests, or parts of inquests, in the geographical area where a death has occurred," an NT courts spokesperson said in a statement.
