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A Family Wants to Know Who Decided Not to Charge Police Over a Death in Custody

Elena MarquezPublished 5d ago4 min readBased on 8 sources
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A Family Wants to Know Who Decided Not to Charge Police Over a Death in Custody

The family of Kumanjayi White has gone to court to find out who decided not to charge the police officers involved in his death. The family confirmed the legal action on July 27, 2026, according to The Guardian and the ABC.

The family is asking the Northern Territory Supreme Court to order that the name of the decision-maker be revealed. They also want a written explanation for the decision, using a set of rules called the Victims of Crime Charter, which gives victims the right to information about how decisions are made in their cases. On top of that, they are asking for the decision to be looked at again. Their lawyer is George Newhouse, who leads the National Justice Project.

Kumanjayi White was 24 years old when police held him down in the lolly aisle of a Coles Supermarket. He died afterward. His death happened in 2025. Just before the one-year anniversary of his death, in late May 2026, the family learned that no one would be charged. The office that decides whether criminal cases go to court, called the Director of Public Prosecutions, said there was "no reasonable prospect of a successful prosecution." The family told the ABC they were "heartbroken."

Senator Lidia Thorpe publicly criticised the decision, saying it showed a lack of justice.

Several official bodies have been looking into the case. At a parliamentary hearing on 16 June 2025, a politician asked whether the government would support an independent investigation into White's death. Minister Boothby answered for the government. A 2026 parliamentary report covered the deaths of both Kumanjayi White and another man named Kumanjayi Walker, as well as police training for dealing with people who have cognitive disabilities and efforts to address racism in the police force. A separate group, the Legal Practitioners of the Northern Territory, sent a paper to the NT Parliament on 29 August 2025 about the investigation into White's death.

An official inquiry into how White died, called a coronial inquest, is set to take place in Alice Springs in April 2027.

The broader context here is that several different processes are all pressing on this one case at the same time. The family's court action is about the decision not to prosecute. The coronial inquest, by contrast, looks at how someone died but does not decide whether anyone committed a crime. Think of it like two separate investigations running side by side: one asking whether the right legal call was made, the other asking what actually happened in that supermarket. Because the inquest is still months away, the legal and political attention on this case will likely grow before any inquest findings come out.

The use of the Victims of Crime Charter is especially worth watching. It gives victims the right to know why a decision was made about whether to take a case to court. The family's legal strategy seems aimed at testing whether the prosecution office gave them a good enough explanation. If the court orders the decision-maker's name and full reasoning to be shared, it could change how these decisions are explained to families across the Northern Territory in the future. That is particularly significant for Indigenous deaths in custody, where there has long been frustration over the gap between what the law requires to press charges and what the public expects in terms of accountability.

The parliamentary attention also matters. The fact that the 2026 report looked at police training for people with cognitive disabilities and racism within the force suggests that the official response to White's death goes beyond this one case to bigger questions about how the police operate. The Legal Practitioners' submission to Parliament shows that lawyers, too, are pushing for a closer look at whether the investigation itself was thorough enough.

The key things to watch are whether the court agrees to reveal who made the decision not to prosecute, whether the explanation given under the Charter is judged sufficient, and whether the case gets reconsidered. The April 2027 inquest will unfold at the same time as whatever comes out of this court action, which could mean two sets of findings touching on the same events.