Warning: this article contains the name of an Aboriginal person who has died.
The family of Kumanjayi White have reiterated calls for the police officers involved in his death to be stood down.
Speaking outside of Alice Springs local court on Thursday, Kumanjayi White's grandfather and senior Warlpiri Elder Ned Jampijinpa Hargraves said the family had been waiting five months for justice.
“It is five months since my Jaja (grandson) died in police custody and still we have no justice, still we are being told to wait," he said.
"We have been told there is a criminal investigation and police have given a brief of evidence to the DPP, but the police involved my Jaja’s death are still on duty.
"How is this possible? They must be stood down immediately."
Kumanjayi White, a Warlpiri man with disabilities, died after being restrained by two plain-clothed police officers at a supermarket in Alice Springs in May this year.
At the time, the 24-year-old was living in supported accommodation in Alice Springs, but was raised in the remote community of Yuendumu.
“We know that if an Aboriginal person had done this, they would be behind bars," said Mr Hargraves.
"We want parumpurru – Justice. It is sacred. Kardiya — white people — don’t respect it, but we respect it, because parumpurru is the truth
"We are still fighting a bunch of rlinjirrpa — aggressive bullies. We’re not getting any truth from the colonial system."
Delays in the coronial process
At a directions hearing at the Alice Springs courthouse, Counsel assisting the Coroner Peggy Dwyer told the court the Coroner is yet to receive a brief of evidence for the case of Kumanjayi White.
Dr. Dwyer said while the coronial process continues, the Coroner is unable to list the coronial inquest until any possible criminal investigation and subsequent proceedings are finalised.
"We don't have a time frame for that yet because the criminal investigation is separate," Dr Dwyer said.
On September 22, a full brief of evidence from the initial NT Police investigation was handed over to the Director of Public Prosecutions (DPP) to consider whether criminal charges should be considered for the police officers involved.
The DPP has confirmed their office has no intention of providing an update to media at this stage.
However, a DPP spokesperson did confirm that upon reviewing the brief of evidence, they've requested some additional material from police for consideration.
NT Police have not yet named the two police officers involved but confirmed, in September, both officers remain on duty in administrative roles.
On Thursday, lawyer Luke Officer appeared at the directions hearing as a representative for one of the police officers involved in restraining Kumanjayi White.
National Justice Project Principal Solicitor George Newhouse spoke alongside the family outside court, saying the delays were impacting the family.
“The ongoing delays and uncertainty are eroding what little faith the family has in our legal system. The family continues to demand that the officers be stood down immediately now that a brief has been sent to the DPP," he said.
“How the police and the DPP have handled this situation is another example of how the colonial justice system fails First Nations people.
"An independent investigation is still urgently needed."
'Slow but careful and considered process'
NT Coroner Elisabeth Armitage told the court she hoped the coronial inquest would uncover as "much of the truth" as possible but conceded the process in doing so will be slow.
"It is a slow but careful and considered process that is being embarked on," Coroner Armitage said.
"We will continue to work consistently and thoroughly to ensure that there is a full investigation and that as much of the truth can be uncovered as possible."
Coroner Armitage told the court an additional directions hearing would be considered for February next year to update the parties involved.
