NT’s disputes with commissioners exposes crisis: Matt Cunningham

Police Commissioner Jamie Chalker wanted an interstate judge to mediate his dispute with the government - and that’s a thought that should send a shiver down the spine of every Territorian.

What a horrible mess the Territory is in. We have a serious problem with crime and policing, but our police commissioner is on indefinite leave, locked in a legal battle with the NT government to save his job.

We have a serious problem with child protection and youth detention, but our children’s commissioner has been on leave for more than two years, subjected to an extraordinary attempt to prosecute her over a what most would consider a HR matter.

But nobody should be surprised.

The Northern Territory has an integrity crisis.

It’s instructive that Police Commissioner Jamie Chalker wanted a retired interstate judge to mediate his dispute with the government. Who could blame him?

NT Police Commissioner Jamie Chalker. Picture: Pema Tamang

He clearly believes the conflicts that exist in this tiny jurisdiction are too great to allow him a fair and objective hearing.

But as the Northern Territory Police Association has pointed out, that’s not a process that has been afforded to others.

The Territory is too small to investigate its own, especially if you are a police officer.

And recent criminal cases involving police have done nothing to instil the public’s confidence.

Last March, former constable Zachary Rolfe was found not guilty of the murder of Kumanjayi Walker at Yuendumu in November 2019.

But questions remain about the haste with which he was charged.

The Australian has revealed contemporaneous notes from five detectives investigating the case had concerns about how quickly a murder charge was being pursued.

Constable Zach Rolfe. Picture: Jason Walls

The Australian last year also reported that after Mr Rolfe was charged – and in the absence of an Australian use-of-force expert to prosecute their case – police hired American criminologist Geoffrey Alpert to prepare a report.

This report was altered several times – in collaboration with detectives working on the case – before Professor Alpert gave evidence at Mr Rolfe’s committal hearing.

Despite being awarded a taxpayer-funded contract worth almost $100,000, Professor Alpert was dropped as a witness before Mr Rolfe’s Supreme Court trial began.

It is understood these issues are covered in more detail in an unredacted copy of a Coronial report prepared by Commander David Proctor. But that unredacted report has been suppressed by the Coroner so remains off-limits to the public.

Perhaps more concerning – though the charge was far less serious – was the attempted prosecution of Ms Gwynne, who is also a former NT police officer.

Children’s Commissioner Colleen Gwynne.

She was accused of trying to hand the assistant children’s commissioner’s position to a friend; another former NT police employee Laura Dewson.

Ms Dewson had been one of two candidates deemed suitable in an independent recruitment process.

An interstate applicant was the preferred candidate, but, according to Ms Gwynne’s lawyers, she sought to appoint Ms Dewson only after seeking the approval of the Director of Human Resources at the Department of Attorney-General and Justice, who in turn sought the advice of the Solicitor-General.

Despite this, a complaint from a third unsuccessful applicant to the Office of the Commissioner for Public Employment made it all the way to the Public Interest Disclosure Commissioner and then to the NT Police within a week.

Matt Cunningham is the Northern Australia Correspondent and Darwin Bureau Chief at SKY NEWS Picture: Justin Kennedy

Police then launched an investigation that included obtaining a warrant to bug Ms Gwynne’s phone and office.

After police and the DPP pursued the case for more than two years, former ACT Supreme Court justice John Burns directed a jury to find Ms Gwynne not guilty, after ruling the Crown could not prove her conduct was criminal, rather than poor practice.

These cases, once concluded, might ordinarily be investigated by an anti-corruption or integrity commission.

In fact, the Independent Commissioner Against Corruption has investigated the decision to charge Mr Rolfe, although he won’t release his findings until after the Coronial inquiry into Mr Walker’s death is complete.

Matt Cunningham Sky News dinkus

But the integrity of the Office of the ICAC is also in tatters, thanks to the calamitous events under former commissioner Ken Fleming KC.

Mr Rolfe and Ms Gwynne have had their day in court and been cleared.

Mr Chalker – whose case is a civil matter, not a criminal one – will now get the same opportunity in June when his dispute with the NT government is listed for a three-day hearing.

All three are fortunate they have the means to engage some of the country’s top legal minds to argue their case.

But not everyone can afford to have David Edwardson, Phil Boulten or Arthur Moses in their corner.

And that’s a thought that should send a shiver down the spine of every Territorian.