The legal action initiated by the family of Kumanjayi White, a 24-year-old Warlpiri man who died in police custody, has been discontinued. This development follows the family receiving new information from the Northern Territory Police Force regarding the decision not to prosecute the two officers involved in the incident. Kumanjayi White passed away in May 2025 after being restrained by police officers within a Coles supermarket in Alice Springs.
Background of the Incident
Kumanjayi White, a Warlpiri man with disabilities, died in May 2025 under circumstances that have led to significant legal and public scrutiny. The incident occurred when two police officers restrained him in the confectionary aisle of a Coles supermarket in Alice Springs. The use of force during this restraint is central to the ongoing questions surrounding his death.
Decision Not to Prosecute and Family’s Legal Challenge
Earlier in 2025, the Northern Territory Police announced that no charges would be laid against the officers involved. This decision was made based on advice received from the Director of Public Prosecutions (DPP). In response, Kumanjayi White’s family launched legal proceedings against the NT Police Force. Their primary objective was to obtain greater clarity surrounding the decision-making process, specifically seeking to understand who made the ultimate call not to prosecute and the rationale behind it.
The legal case was scheduled to be heard on a Thursday. However, the proceedings were discontinued after the family received the previously sought information. This new disclosure rendered the court order, which the family had sought, unnecessary.
New Information and Unanswered Questions
According to Ned Jampijinpa Hargraves, Kumanjayi White’s grandfather, the family’s lawyer was informed by NT Police that the final decision not to prosecute was made by NT Police Acting Assistant Commissioner Travis Wurst. This decision by Acting Commissioner Wurst was reportedly based on an earlier determination by the DPP, which stated that the matter should not proceed to prosecution as the requisite legal threshold had not been met.
Despite the discontinuation of the legal action, Mr. Hargraves expressed that the family has not yet received comprehensive details explaining the reasoning behind the decision. “I don’t know why we had to get lawyers to go to the Supreme Court just to find out who made the decision not to charge anyone about my jaja’s death,” Mr. Hargraves stated in a release provided by his legal representatives. He emphasized the family’s continued desire for understanding: “Now that we know who made the decision, we still want to know the reasons behind the decision, we want to know what charges did the Acting Assistant Commissioner actually consider and the reasons why each of those charges were ruled out. We want to know that. Any family is entitled to know that.”
Future Actions and Calls for Transparency
Mr. Hargraves affirmed the family’s commitment to pursuing further answers and seeking justice for Kumanjayi White. “Our lawyers are continuing to investigate whether the decision of the NT Police can be challenged in the courts but we can’t say any more than that right now,” he indicated. The family’s overarching goals remain centered on achieving “transparency, justice and accountability for Kumanjayi White.”
The NT Police Force has declined to offer comment on the matter. When the decision not to lay charges was confirmed in May, NT Police Commissioner Martin Dole had stated that “every effort” had been made to ensure the investigation into Kumanjayi White’s death was “appropriately resourced and conducted in a thorough and fair manner.” He noted that specific details regarding the cause of death could not be released at that time due to an ongoing coronial investigation.
Investigative Process and Independent Review
Police officials outlined the steps taken to ensure the DPP’s assessment of whether charges should be laid was independent and thorough. These measures reportedly included commissioning a use-of-force report from an independent expert based interstate and engaging senior and junior counsel from outside the territory for their independent legal advice.
The family’s lawyer, George Newhouse, previously drew attention to what he perceived as a potential double standard. He contrasted the handling of Kumanjayi White’s case with the process involving federal MP Luke Gosling, whose alleged assault of the NT Administrator was referred to Commonwealth prosecutors. Mr. Newhouse argued for an equivalent level of independent scrutiny for Kumanjayi White’s case, stating, “We’re not saying anyone is guilty. All we’re saying is there needs to be an independent process in the same way that Mr Gosling is being treated through an independent process.”
Conclusion
While the formal legal action brought by the Kumanjayi White family has been discontinued, their pursuit of answers and accountability continues. The family’s grandfather, Ned Jampijinpa Hargraves, has made it clear that they will persist in seeking a full understanding of the decisions made and the reasons behind them, emphasizing their entitlement to transparency and justice.
