Coronial Inquest: Fatal Christmas Day car crash in Alice Springs may be recorded as Indigenous deaths in custody

An NT Police officer was brought to tears recounting the moments leading to a Christmas Day crash that killed three Aboriginal Territorians and left two more people injured.

AN NT Police officer was brought to tears recounting the moments leading to a Christmas Day crash in Alice Springs in 2019 that killed three Aboriginal Territorians and left two more people injured.

Senior Constable Ben Davies appeared before the Coroners Court via video link on Tuesday to give evidence at the inquest into the deaths of brother and sister D Wongaway and S Wongaway, and her husband D Mumu.

The crash occurred about 7pm on Spearwood Ave, Sadadeen, after driver D Wongaway sped off from a trailing police vehicle at speeds potentially as high as 142km/h before clipping a turning vehicle and flipping into three trees moments later.

The court heard it was likely the three people died instantly. Police say the driver had a blood-alcohol reading of 0.24 per cent at the time, almost five times the legal limit.

Senior Constable Davies, who was one of two officers in a marked police car that had been following the vehicle in question, told the inquest he made a decision not to pursue the driver.

The court heard the officers performed a U-turn and began following a silver Mitsubishi Outlander after an automatic number plate reader alerted them the vehicle was not registered. But, when the Outlander sped up and dangerously swerved passed two other vehicles, the two officers pulled over and let the vehicle drive off.

The site of the Christmas Day crash: Spearwood Avenue in Sadadeen, Alice Springs. Picture: Google Maps

“I said to my offsider, ‘We’re done – we’re not doing this on Christmas Day’,” Senior Constable Davies told the court through tears. “I wanted to see my family and I didn’t want anyone else to have their family hurt, so we’re not going to force that car to drive dangerously if I could avoid it.”

In a statement, the mother of S Wongaway and D Wongaway, Kathleen Luckey, said the deaths had left everyone in their community of Impampa “hurt and grieving”

The lawyer representing the family of the deceased, Sally Ozolins, argued the deaths should be recorded as Indigenous deaths in custody because police had tried to catch up to them and it appeared the driver was aware of their presence.

Ms Ozolins submitted the deaths should be recorded in this manner even though police did not use lights or sirens, nor did they give any direction to the driver to stop.

A finding that these were Indigenous deaths in custody would upgrade the seriousness of the incident and has the potential to have a broader impact, such as changing public policy.

Coroner Greg Cavanagh said he would not be concluding the police officers involved had acted inappropriately.

Coroner Cavanagh is expected to hand down his findings in February, 2022.