Nearly a year after the tragic death of Kumanjayi White while in custody, Northern Territory Police have decided not to bring charges in the case.
In a statement released earlier, NT Police disclosed that senior officials have personally communicated with the family of Mr. White and the officers involved in the incident. “We understand that today is likely to be emotionally charged for many individuals across the Northern Territory,” the statement read. “We urge the community to remain calm and respond with respect and peace.”
The Director of Public Prosecutions (DPP) explained that the decision not to pursue charges was based on an insufficient legal basis for prosecution. “After thorough consideration of all the available materials, including an independent expert report and external legal advice, the DPP concluded that there are no reasonable prospects for a successful prosecution,” the statement from the DPP detailed.
The DPP emphasized that such decisions are made independently of government influence and are solely based on the available evidence and applicable law.
“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,” the DPP said in a statement.
“Decisions of this kind are made independently of government, based only on the evidence and the law.”
NT Police Commissioner Martin Dole told reporters both officers involved were still employed but no decisions had been made about their reinstatement. 
“The dynamics of exactly what occurred in the incident is what’s going to be explored in the coronial process by the coroner. We’ll obviously listen to any recommendations that come in,” he said.
Senator Lidia Thorpe became emotional and wiped back tears as she expressed her hopelessness and anger at the news.
“Our people around the country feel this hopelessness when there’s no one ever held accountable,” she said.
“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, and where there is no justice, there is no peace.”
Describing her conversations with the federal government over deaths in custody, Thorpe said they don’t care.
“The federal government are complicit in deaths in custody because they don’t act,” she said.
“They’re complicit in child removals because they don’t act, they have constitutional power to act, and they choose not to.”
Dole urged the community to be “mindful” of the impact public commentary would have on the coronial process, Kumanjayi White’s family and police officers as he called for calm.
“Our focus remains on community safety, transparency within lawful limits and ensuring the integrity of all ongoing processes,” he said.
The investigation was handled by the NT Police while an interstate police force conducted an independent use-of-force review.
The DPP reviewed the evidence and made their ruling today. A coronial inquest is under way.
Thorpe said there would never be a satisfactory outcome when police investigated police.
“I think it’s an error that we have police investigating police. There are international examples of independent reviews and investigations of deaths in custody,” she said.
“They have experts, they have Aboriginal people, indigenous people at the table so that it’s complete independence from the police.”
