ICAC Commissioner bows to public pressure and stands down from investigation

ICAC Commissioner Ken Fleming QC has stood down from overseeing the internal police investigation into the shooting death of Kumanjayi Walker at Yuendumu

Independent Commission Against Corruption Commissioner Ken Fleming QC has stood down from overseeing the internal police investigation into the shooting death of Kumanjayi Walker. Picture: Emma Murray

• FORMER Attorney-General calls on ICAC Commissioner to stand down

THE Territory’s Independent Commissioner Against Corruption Ken Fleming QC has stood down from overseeing the internal police investigation into the shooting death of indigenous teenager Kumanjayi Walker at Yuendumu.

Mr Fleming referred himself to the ICAC Inspector, Bruce McClintock SC, following complaints made to the ICAC office about comments he made at a protest rally in Alice Springs.

The ICAC Inspector, who has independent oversight of the ICAC and ICAC staff, assessed the complaints and made recommendations to Mr Fleming and the Office of the ICAC about the agency’s future involvement in the matter.

Mr Fleming will not participate in the investigation.

Instead a team of specialist investigators, lawyers and technical experts with experience managing major crime investigations, as well as serious and complex investigations will oversee the matter.

Mr Fleming has told Chief Minister Michael Gunner that he will stand aside from the investigation.

“From the moment this tragic incident occurred, I have set out to give my time to both the NT Police and the Central Australian and Warlpiri Aboriginal communities, in a balanced manner,” Mr Fleming said.

“My intention, when participating in the community meetings in Central Australia, was to explain our ability to independently look into these matters to the communities who are upset and seeking the truth.

“I accept that some of my comments have led to the perception among some observers that I am closer to one side than another on this matter, and so I will no longer be involved in it.”

Since Mr Fleming addressed a rally last Thursday in Alice Springs, he has been under pressure from sections of the public to stand down.

During his address at the rally he said: “One of the most important messages today is ‘Black Lives Matter’. Anybody who says contrary to that is guilty of corrupt behaviour.”

He previously told the Sunday Territorian that his speech was to explain to the crowd that indigenous Territorians’ lives and concerns mattered and he would listen to them.

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He also said he was not investigating Mr Walker’s death, but the processes and policies in place and whether improvements could be made.

Former Attorney-General Daryl Manzie had called for Mr Fleming to step down.

Mr Manzie – the CLP vice-president and a former police officer – said Mr Fleming’s comments had created a perception of bias.

“I think anyone looking at this independently would say ‘how can this man be independent’ and seen to be independent, which is more important, because it’s the perception that really counts,” Mr Manzie said.

A petition was started on Change.org on Tuesday calling for Mr Fleming to be sacked.

At last count it had received more than 140 signatures.

Attorney-General Natasha Fyles declined on Tuesday to comment on removing Mr Fleming from the investigation.

“We will allow those processes to take place, I won’t be providing commentary,” she said.