Sgt Steven Haig lawyers up for Kumanjayi White coronial inquest directions hearing
A policeman with a ‘sufficient interest’ in an inquiry into a death in custody in Alice Springs has received legal representation, the first hearing in the mandatory inquest into the young disabled man’s death has heard.
Thursday, October 24: A police officer with a “sufficient interest” has lawyered up in the inquest into the death of a young disabled man, who died after he was allegedly restrained by two plainclothes officers in an Alice Springs supermarket.
Appearances were taken at the first directions hearing in the inquest into the death of Kumanjayi White on Thursday, with Luke Officer appearing for NT Police Sgt Steve Haig.
Mr Haig worked as a prosecutor in the Alice Springs Local Court, but was not present at the directions inside the court Thursday morning.
Mr Officer, appearing via videolink, told the court his client had “sufficient interest” in the mandatory inquest, which is set to examine the death of Mr White.
Mr White’s death is being treated as a death in custody, after he died 70 minutes after being restrained in the Alice Springs Coles confectionary aisle.
In the wake of his death, NT Police assistant commissioner Travis Wurst said two plainclothes officers restrained Mr White.
One witness to what happened inside the supermarket told this masthead an officer allegedly had their “knee behind his head” while the young man’s friends repeatedly said Mr White “has a disability”.
Before the officers allegedly restrained Mr White, the young man was in an altercation with private security at the supermarket.
NT Coroner Elisabeth Armitage is presiding over the inquest, while Peggy Dwyer SC is counsel assisting.
Ms Armitage told the court the inquest was a “slow but careful and considered process” but it would “work consistently and thoroughly” so “as much of the truth can be uncovered as possible”.
Lawyers for Coles, NT Health, NT Police, the Public Guardian and Trustee, Talice Security, and disability provider Life Without Barriers – which was caring for Mr White – also appeared via videolink.
Ms Dwyer, who appeared via videolink, told the court the full brief of evidence in the case was yet to be served to the Coroner’s team.
She also said “precedence” would be given to any criminal investigation which happened to be running alongside a coronial investigation.
“Your Honour is not able to list the coronial inquest until the criminal investigation and any subsequent proceedings, if there are to be any, are finalised,” she said.
No charges have been laid against the officers alleged to be involved in restraining Mr White, and neither has been stood down.
Appearing in court on Thursday was the family of Mr White, both his mother and father’s side, with George Newhouse from the National Justice acting on their behalf.
His younger brother was in court, alongside his mum, stepdad, dad, his second mum, and his granddad, senior Warlpiri Elder Ned Jampijinpa Hargraves.
They sat at the front of the gallery, and were observed listening intently, while Mr Hargraves could be heard saying a quiet “thank you” when the Coroner offered her condolences.
Mr White was from Yuendumu, with Mr Hargraves making the trip into town for the first hearing.
Prior to the hearing commencing, Mr Hargraves spoke with media, where he said the family “wants answers”.
“It’s been five months now that my grandson passed away and we cannot wait anymore longer,” he said.
Once the hearing concluded, Mr Hargraves said he was happy the process was beginning.
Family call for transparency ahead of first hearing in Kumanjayi White coronial
Wednesday, October 23: Family of a young disabled man who died 70 minutes after being restrained inside an Alice Springs supermarket – allegedly by two off duty cops – are questioning why no charges have been laid, ahead of a mandatory coronial investigation.
On Thursday morning in the Alice Springs Local Court, NT Coroner Elisabeth Armitage is holding the first directions hearing in the coronial inquest into the death of Kumanjayi White.
Mr White, from Yuendumu, was 24-years-old when he died in Alice Springs hospital on May 27 this year.
Seventy minutes before his death, he was restrained inside in aisle four – the lolly aisle – of Coles Alice Springs, allegedly by two off duty police officers.
Charges have not been laid against the two officers allegedly involved, nor have they been stood down from duties.
His death is being investigated as a death in custody by NT Police, who on September 22 handed over their brief to the Director of Public Prosecutions (DPP).
NT Police Commissioner Martin Dole called the brief “full and comprehensive” when giving an update into the investigation.
As of Wednesday morning, a DPP spokesman said no charges have been laid over the death.
In the NT, the coroner must hold an inquest into any deaths in custody, while in court, a directions hearing usually deals with administrative concerns.
It is also not the first coronial inquest into a police death in custody following the restraint of a Territorian suffering a mental health crisis.
In 2009, Coroner Greg Cavanagh called for police to be trained to ensure a proper understanding of the dangers of sudden cardiac arrest and positional restraint asphyxia, particularly in mental health responses.
These recommendations followed the deaths of 57-year-old radio, television and film producer Robert Plasto-Lehner and 39-year-old singer David Gurralpa.
Mr Gurralpa was handcuffed and restrained to the ground, as witnesses called to police that “he is a sick man”, “he has asthma”, “leave him alone” and “do not touch him, leave him because he’s a sick person”.
Mr Cavanagh recommended police should be trained to look out for the risks and “warning signs of a rapid onset of serious injury or death which can potentially occur in connection with certain restraint positions when subjects are in the prone position”.
More than 16 years before Kumanjayi White’s death, Mr Cavanagh also said police needed greater training on de-escalating and communicating with mentally ill people “to establish a rapport and calm down a distressed person”
In the latest Estimates, independent Justine Davis called on Police Commissioner Martin Dole to confirm that the recommendations from the 2009 inquest had been fully implemented.
The Commissioner said they had, with training in both the risks of the restraint techniques and responding to mental health medical crises, including scenario-based and practical reinforcement.
Mr Dole told the Estimates “emphasis is placed on “de-escalation, communication, and decision-making under pressure” with “practical components” in training “refreshed annually”.
In the wake of Mr White’s death, his family called for an independent investigation into the death – which Mr Dole has previously “respectfully” rejected.
Senior Warlpiri Elder Ned Hargraves, Mr White’s grandfather, has also previously called for the CCTV from inside the supermarket to be released, and for the officers allegedly involved to stand down.
“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.,” Mr Hargraves said on Wednesday.
Ahead of the directions hearing taking place, family are set to gather outside the Alice Springs Local Court, where they will again echo their demands of the cops allegedly involved be stood down.
National Justice Project principal solicitor George Newhouse said the “ongoing delays and uncertainty are eroding what little faith the family has in our legal system”.
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Originally published as Sgt Steven Haig lawyers up for Kumanjayi White coronial inquest directions hearing
