Police reopen Dhakiyarr Wirrpanda disappearance cold case after Albert McColl spearing acquittal

It’s one of the Territory’s oldest and most notorious cold cases — what happened to the man who vanished into thin air after being sensationally acquitted of the murder of a Territory cop?

It’s one of the Territory’s oldest, coldest and most notorious cold cases.

What happened to Dhakiyarr Wirrpanda — the Yolngu cultural leader who vanished into thin air after becoming the first Aboriginal Australian to have a case heard by the High Court?

The Djalkiripuyngu man from remote east Arnhem Land was famously spared the hangman’s noose after being convicted and sentenced to death over the fatal spearing of Constable Albert McColl in 1933.

But the day after he was set free from Fannie Bay Gaol following his acquittal by the nation’s highest court 15 months later, Dhakiyarr disappeared without a trace.

Now, 90 years on from the fateful encounter that ultimately left both men’s destinies shrouded in mystery, NT Police has reopened its investigation into the near century old case.

Superintendent Jody Nobbs announced the shock move at a ceremony in the tiny east Arnhem Land outstation of Dhuruputjpi last week, to an audience composed of the descendants of both Dhakiyarr and Constable McColl.

The two families were reunited to mark 20 years since the they first met in Darwin’s Supreme Court to bury the hatchet on the decades old conflict in what then Solicitor-General Tom Pauling QC described as “undoubtedly the most powerful act of reconciliation in Australia, ever”.

Addressing the dwindling and ageing crowd, some now in their mid-eighties, Superintendent Nobbs said police had “carefully considered” a formal referral in light of “the significant historical and cultural significance of this matter”.

Dhakiyarr Wirrpanda's grandson Dhukal Wirrpanda says his family is ‘still asking the law where he is’. Picture: Jason Walls

“NT Police detectives from the Crime Command Cold Case Missing Persons Unit have been directed to undertake a review in respect to the circumstances and a review of the existing evidence held on file at the present time,” he said.

“They’ve also been directed to conduct any further inquiry as they consider necessary to progress these matters.”

Dhakiyarr’s grandson Dhukal Wirrpanda said the announcement was good news after his family “waited and waited for a long time” for answers.

“We worried about him, we don’t worry now, today, this ceremony, because we know it will lead us to a very, very good goal,” he said.

“He disappeared and we were losing what was our truth about Dhakiyarr and now today it’s been joined.

“We’re just still asking the law where he is, so if we’re searching for him, I want Yolngu, napaki (non-Indigenous), instead of (just) telling us where he is, come and work with us.”

Constable McColl’s nephew, Alan McColl, who travelled to Dhuruputjpi from Gippsland in Victoria for the anniversary, said the new probe was “a great achievement” for both families.

“I know we’ve been pushing for this for quite some time and I think it’s finally got to the right people,” he said.

Albert McColl's nephew Alan McColl wipes away a tear during the emotional reunion in Dhuruputjpi last week. Picture: Jason Walls

“He just disappeared, he was supposed to be in the custody of the Administrator of the Northern Territory to be returned safely back to his country and that’s the strange part about it.

“The events as recorded from the trial and everything else were quite weird, a lot of them didn’t make terribly much sense.

“Just how you can be sentencing a man to death after a trial that lasted one day was typical, I think, of the attitude at that time toward Aboriginal people.”

Superintendent Nobbs said “notwithstanding the passage of time”, there was still “plenty of opportunity for us to conduct a robust inquiry to try to ascertain what had occurred”.

“Constable McColl was a police officer, we certainly acknowledge that police maintain the jurisdiction in respect to missing persons,” he said.

“Dhakiyarr Wirrpanda has been unaccounted for since 1934, it’s important for the family so it’s certainly important for us as representatives of the community to try to identify some answers,” he said.

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”.

Originally published as Police reopen Dhakiyarr Wirrpanda disappearance cold case after Albert McColl spearing acquittal