Lawyer and anti-discrimination commissioner criticise ‘flawed’ investigation into racism within NT Police Force
A lawyer representing three Aboriginal police officers in a human rights complaint against the Northern Territory Police Force has slammed an investigation into racism within the force as “flawed” and “an attempt to wipe the slate clean”.
WARNING: 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.
This story also contains racist and offensive language and images.
The final report from a joint NT Independent Commissioner Against Corruption (ICAC) and NT Police Force investigation into racism in the force, sparked by allegations of racist awards that emerged during the coronial inquest into the death of Kumanjayi Walker, was released on Thursday.
It found evidence of historical racism in the police force, and called the awards “evidently on their face racist”, but found no further evidence of racist behaviours beyond 2015 and concluded the matter be closed.
It also found there was “no admissible evidence” to charge or further investigate five police officers who swore statutory declarations refuting allegations of racism within the specialist Territory Response Group (TRG).
In the report, ICAC delegate and former judge Patricia Kelly SC said a number of former and current police officers had provided information to the investigation after ICAC Michael Riches promised anonymity.
However, after seeking legal advice from the NT solicitor-general’s office, Ms Kelly determined “it would be inappropriate to disclose any of those declarations” to uphold that anonymity, so they were not disclosed to the police force or Director of Public Prosecutions (DPP).
Sydney-based law firm Levitt Robinson lodged a complaint with the Australian Human Rights Commission (AHRC) in September on behalf of three currently serving Aboriginal police officers with the NT Police Force, alleging racial vilification and unequal pay.
Partner Dana Levitt said the ICAC report’s conclusion that there was no evidence of racism within the force beyond 2015 was “gobsmacking”.
She called the foundation of the investigation “flawed”, referring to the decision not to disclose officers’ declarations following legal advice.
“It effectively became an investigation about nothing because none of the evidence was put to anyone where it could be sensibly used to elicit any kind of meaningful outcome,” she said.
“Whilst this report says there is no finding of racism in the police force after 2015, it couldn’t possibly have found otherwise because it didn’t look for it.”
She said the report seemed to be “an attempt to wipe the slate clean and start afresh”.
Among the allegations lodged in the ARHC complaint are instances of non-Indigenous colleagues suggesting Aboriginal officers are lazy, and referring to Aboriginal people as “black c***s”, “coons” and “black dogs”.
One serving Aboriginal NT police officer, who is not authorised to speak publicly, told the ABC in a statement the force had effectively conceded through its recent actions, such as appointing a respected former officer to address racism, that there was still a problem.
“Many current and former Aboriginal members of the [NT Police Force] are disappointed but not surprised by the ICAC Investigation Report’s findings,” they said.
“If there is no evidence of racism in the [NT Police Force] since 2015, why appoint Leanne Liddle? And why did Commissioner [Michael] Murphy issue his apology some seven years after 2015, in August 2024?”
“Neither the ICAC report, nor the Chief Minister’s glib assertion that the report [found no systemic racism] can erase our lived experience, nor the fact that the systemic racism of 2015, persists today.”
NT Chief Minister Lia Finocchiaro said on Thursday the report confirmed her government’s belief there was no systemic racism in the police force and it “[ended] a chapter” that had caused “great stress and destabilisation” within the organisation.
NT Anti-Discrimination Commissioner Jeswynn Yogaratnam said it was “surprising” the ICAC and police force had been unable to move forward with their investigation.
He said their report did not put an end to the matter.
In the joint investigation report, Ms Kelly concluded the ICAC did not have the resources to conduct a wider review of police culture, and said such a review was unnecessary “given the positive steps already taken by the [NT Police Force]”.
But Mr Yogaratnam said his commission was well-placed to conduct its own, arms-length review, similar to Queensland’s recently announced Diversity and Inclusion Review.
“You can only investigate this through an independent body — not through a police investigation done internally,” he said.
NT Police Commissioner Michael Murphy declined to be interviewed, but said in a statement on Thursday the force would continue to “learn from and acknowledge [its] past”.
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