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NT ICAC commissioner describes TRG awards as 'racist' amid joint investigation with NT Police

2024.03.26

· In short: The ICAC commissioner says his watchdog needs to jointly investigate racism within the NT Police because he lacks resources.

· He says awards allegedly handed out by members of the Territory Response Group were, in his eyes, racist, after receiving information.

· What's next? The NT government says the NT anti-discrimination commissioner is also investigating racism claims within the NT Police Force.

The Northern Territory's Independent Commissioner Against Corruption (ICAC) says evidence he has collected from members of the NT Police suggests awards handed out by the force's Territory Response Group (TRG) were "racist".

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.

Allegations about racist awards were first brought to light during the coronial inquest into the death of Warlpiri-Luritja man Kumanjayi Walker, who was fatally shot by former NT Police constable Zachary Rolfe during an attempted arrest in 2019. 

Mr Rolfe was found not guilty of murder in a NT Supreme Court trial in 2022.

The inquest into Mr Walker's death has heard evidence suggesting widespread racism existed within the NT Police force at the time.

In a public statement released on Tuesday afternoon about the joint investigation he was conducting with NT Police, ICAC Commissioner Michael Riches said he had formed the view that the TRG's awards were racist towards First Nations people, based on information he had been provided.

During coronial hearings earlier this year, five senior NT Police officers who had been part of the TRG rejected any suggestions the awards were racist, in sworn affidavits provided to the coroner.

Mr Riches asked current and former members of NT Police to come forward with information by April 5, saying they would not be named, referred to NT Police for disciplinary action or be the subject of an adverse finding in his final report.

However, Mr Riches said those protections would not be extended to anyone whose "conduct may amount to criminal conduct" or who "may have deleted documents or information from NT Police systems that relate to the subject matter" of the investigation.

When the details of the awards were made public last week, NT Police Commissioner Michael Murphy described their contents as "disgraceful and abhorrent". 

ICAC lacks resources for standalone investigation: Riches

The ICAC commissioner's statement followed revelations in a letter, dated March 5, in which Commissioner Riches sought to contact current and former members of the TRG through Mr Rolfe.

"[Former NT police constable] Zachary Rolfe has agreed to disseminate this letter to individuals who may have information that will assist me," Mr Riches wrote in the letter.

At the time the letter was written, Mr Riches said he had not yet established whether the TRG awards were presented and whether they made reference to First Nations people.

He also asked for information on whether supervisors and management knew of the awards, and whether the evidence matched accounts provided to the coronial inquest into Mr Walker's death.

"I have decided to conduct my investigation jointly with NT Police," he wrote.

"I have done so because I do not have the resources to conduct the investigation independently and because I think NT Police should be a part of this process."

In response to questions from the ABC, the ICAC commissioner confirmed the letter's authenticity and said he had also asked Commissioner Murphy to distribute a similar letter.

"I wish to assess any information I receive against evidence that has been tendered in the inquest into the death of Kumanjayi Walker," Mr Riches said.

Father of constable questions 'ludicrous' joint investigation

Mr Riches has publicly commented on the government's funding of his office on numerous occasions, saying it was inadequate and thwarting investigations

In a statement, NT Chief Minister Eva Lawler did not directly address concerns around the ICAC's funding, but said she wanted to see the office "empowered to do its job".

"Budget bids for additional resources for the ICAC follow the same process as all other agencies," she said.

The ICAC's funding was $5 million for the financial year 2023-24, and Ms Lawler said that was set to increase in coming years.

She also confirmed the NT anti-discrimination commissioner was also investigating racism within the NT Police Force.

Speaking to the ABC, the father of Mr Rolfe expressed concern about the investigation into the awards being jointly conducted by the ICAC and NT Police.

"I think it's ludicrous that the NT ICAC have to team up with NT Police to do its investigation," Richard Rolfe said.

"If the NT government were taking this seriously, they would provide the immediate funding to Michael Riches so he could do his job properly, the way ICAC are meant to."

Mr Rolfe was the last witness to provide evidence to the marathon coronial inquest, being overseen by Coroner Elisabeth Armitage, which is due to resume evidence from Mr Rolfe in May.

Mr Rolfe alleged on the stand that racism was common within NT Police, leading Commissioner Murphy to order an investigation into the issue within his ranks.