NTPA backs call for inquiry into McColl death, Dhakiyarr disappearance

The NT Police union says it wants to see an inquiry into the death of mounted constable Albert McColl and the subsequent mysterious disappearance of his alleged killer.

Dhakiyarr Wirrpanda's grandson Djambawa Marawili says ‘we’re here not to make war but to make reconciliation’. Picture: Jason Walls

READ PART ONE: Police to probe case of accused cop killer’s mysterious disappearance

The Territory’s powerful police union has thrown its weight behind calls for an inquiry into the mysterious disappearance of a Yolngu man acquitted of murdering an NT cop.

SCROLL DOWN FOR PART TWO: Family of slain cop call for inquiry into accused killer’s disappearance

Dhakiyarr Wirrpanda was sentenced to death by hanging for Constable Albert McColl’s murder in Arnhem Land in 1933 before he was acquitted on appeal by the High Court.

But on the day after his release from Fannie Bay Gaol, Dhakiyarr mysteriously vanished without a trace before he could be returned to his home community of Dhuruputjpi.

NT Police reopened its books on the case following a ceremony in Arnhem Land last month marking the 90th anniversary of Constable McColl’s spearing, with the families of both men subsequently calling for a Coronial inquest.

On Tuesday, NT Police Association president Nathan Finn said the union wanted to see an inquiry into Constable McColl’s death along with the circumstances of Dhakiyarr’s disappearance.

“The NTPA supports an inquiry into the tragic death of mounted constable Albert McColl, who was (allegedly) murdered while on duty in July 1933,” he said.

“In addition to an inquiry of the (alleged) murder of mounted constable McColl, we support the inclusion of an investigation into the circumstances surrounding the disappearance of Dhakiyarr Wirrpanda.”

It comes after descendants of both Dhakiyarr and Constable McColl called on Territory Coroner Elisabeth Armitage to hold a formal inquiry into the disappearance.

NTPA president Nathan Finn says the union supports the inclusion of an investigation into Dhakiyarr’s disappearance in a wider probe of the circumstances of Constable McColl’s death.

Constable McColl’s nephew, Alan McColl, said Dhakiyarr’s hopelessly flawed trial meant the actual circumstances of his uncle’s death and Dhakiyarr’s subsequent disappearance remained shrouded in mystery.

Mr McColl said “the stories we know about Albert through the family” painted a picture of “a totally different sort of a guy to what’s portrayed in the books about him”.

Dhakiyarr’s grandson Djambawa Marawili said “there should be a history for Dhakiyarr, where he is buried or where he is now today”.

“We do want to know where he’s buried, somebody knows about it, please give us the information,” he said.

“If he died by himself or if he was shot by white fellas, that’s what we’re trying to investigate.

“Whether he was thrown away on the fire, whether they throw him to the sea, the truth must be happening.”

In its decision, the High Court unanimously ordered Dhakiyarr be released immediately after highlighting a litany of mistakes made by the trial judge and his own lawyer that meant the prosecution had “seriously miscarried”.

Albert McColl’s family call for inquest into Dhakiyarr Wirrpanda’s mysterious disappearance

The family of a Territory cop speared to death while on duty in Arnhem Land has called on the NT Coroner to investigate his alleged killer’s disappearance as a death in custody.

NT Police last week reopened its files on the mysterious disappearance of Yolngu cultural leader Dhakiyarr Wirrpanda, who vanished without a trace after his conviction for Constable Albert McColl’s murder was overturned by the High Court in 1934.

Constable McColl’s nephew Alan McColl welcomed the renewed focus on the case but said he hoped a full Coronial inquest would have the scope to investigate the fate of both men.

Mr McColl said Dhakiyarr’s hopelessly flawed trial meant the actual circumstances of his uncle’s death and Dhakiyarr’s subsequent disappearance remained shrouded in mystery.

READ PART THREE: Ghost of former ‘tidy town’ haunted by enduring mystery

“The police at that stage, the jury, everybody else, were relying on the same interpreter for the same thing and I mean we don’t know whether that interpreter, what sort of story he wanted to produce — it might have been a whole lot of fiction,” he said.

“How they were able to convince the Aboriginal people to go in (to Darwin to face trial) on a lugger — which looked pretty overcrowded to me — there would have been days and days and days of travelling.

“How they managed to do that I don’t know.”

But equally, Mr McColl said “the stories we know about Albert through the family” painted a picture of “a totally different sort of a guy to what’s portrayed in the books about him”.

Mr McColl’s wife Joan said the police probe was “a fabulous start” but “I’m not sure how much actual knowledge anybody’s got of it to investigate”.

An emotional Alan McColl is comforted by wife Joan McColl during a ceremony in east Arnhem Land last week. Picture: Jason Walls

“Dhakiyarr was meant to be under police escort back to Dhuruputjpi and that homeland has suffered without his presence,” she said.

“That to me is what I would love to see the investigation lead to, people admitting that it was a big mistake not to look after Dhakiyarr — and it’s in McColl’s interest that that’s told truthfully because Albert McColl’s story is just as unclear as Dhakiyarr’s is.

“We have letters that show from police who were actually there on the day that tell different stories, so if this investigation can get anywhere close to the truth it’d be fabulous.”

Dhakiyarr’s grandson Djambawa Marawili backed the McColls’ call for a Coronial inquiry, saying “there should be a history for Dhakiyarr, where he is buried or where he is now today”.

“We do want to know where he’s buried, somebody knows about it, please give us the information,” he said.

“If he died by himself or if he was shot by white fellas, that’s what we’re trying to investigate.

“Whether he was thrown away on the fire, whether they throw him to the sea, the truth must be happening.”

Dhakiyarr Wirrpanda (centre left) on the boat to Darwin where he was sentenced to death for Albert McColl’s murder before being acquitted by the High Court. Used with permission.

Mr Marawili said “we’re here not to make war but to make reconciliation” and the family “just really wanted to find out for Dhakiyarr why he disappeared”.

“For the other end, the McColl family, the funeral is there, the burial is there and the family is there,” he said.

“On the other side of the story, Dhakiyarr, he was a leader and the family are still wondering what happened to him, they should give us the story, they should really give us the reality of whether they shot him or where did they bury him so we can go and worship him too, you know, in the ceremony way.

READ PART FOUR: High Court appeal in police officer slaying echoes through the ages

“It’s really very important for Dhakiyarr — where is he buried?”

Superintendent Jody Nobbs, who announced the latest push for answers at a ceremony in Dhuruputjpi last week, said the police investigation was still “more preliminary” than preparing a brief for the Coroner.

“Given the passage of time, we won’t rush these things, there’ll be careful and methodical assessment of the evidence that we’ve presently got,” he said.

“We will conduct further inquiry and then from that inquiry and as our protocols dictate we will engage with the Coroner’s office going forward.”

Originally published as NTPA backs call for inquiry into McColl death, Dhakiyarr disappearance