Cop who shared intimate image could face ‘revenge porn’ charges, as Michael Murphy seeks ‘review’

An NT Police officer whose demotion for circulating an intimate image of an Aboriginal woman without her consent was personally reversed by the Territory’s top cop could face charges under “revenge porn” laws.

An NT Police officer whose demotion for circulating an intimate image of a vulnerable Aboriginal woman without her consent was personally reversed by the Territory’s top cop could face charges under “revenge porn” laws, a court has heard.

An inquest in Darwin last week heard the acting Senior Sergeant had shared a photo of the half naked Aboriginal woman in a strike force group chat with other police in 2022.

But Commissioner Michael Murphy told that inquest into a series of domestic violence deaths he personally intervened to reverse a decision by Professional Standards Command to demote the man.

“In all honesty he would have gone on sick leave, and then we would have lost an officer,” he said, before agreeing that “in hindsight” he should have left the sanction in place.

In a separate inquest in Alice Springs this week, Mr Murphy again faced questions about the incident, saying he would “get a review” to determine whether the officer’s actions amounted to a criminal offence.

On Wednesday, during the other inquest into the police shooting death of Aboriginal teenager Kumanjayi Walker, barrister for members of the Warlpiri-Luritja man’s family, Gerard Mullins KC, asked: “It’s a criminal act, is it not?”

“Is it a breach of the Criminal Code to distribute intimate images?” he asked.

“Yes, it could be,” Mr Murphy replied.

NT Police Commissioner Michael Murphy arrives at the Alice Springs Local Court on Wednesday with barrister for the force Ian Freckelton KC. Picture: Jason Walls

“So do I understand there’s an investigation with a view to criminal charges of the particular officer who spread that image?” Mr Mullins continued.

But Mr Murphy said “I don’t believe so”.

“I think in that case the matter has been finalised, otherwise we probably would have seen an officer charged,” he said.

Mr Mullins said he had viewed a “blacked out” version of the image and asked Mr Murphy if the uncensored version “includes the depiction of blood”.

After looking at the uncensored image, Mr Murphy responded: “Yes, your honour, that’s correct”.

“Does that cause you any greater concern that that person may have been in a state of distress?” Mr Mullins asked.

“Yes,” Mr Murphy replied.

“Do you think maybe that should be investigated further?” Mr Mullins asked.

“Yeah, I probably need to go and talk to the commander of professional standards and get a review,” Mr Murphy replied.

When asked about the incident on Thursday, Chief Minister Eva Lawler said internal police disciplinary matters were up to Mr Murphy to decide.

Gerard Mullins KC speaks with family members on the lawns outside the court during an inquest into the death of Kumanjayi Walker. Picture: Jason Walls

“He’s the commissioner of that organisation, decisions that are made are difficult decisions at times and you weigh up the pluses and minuses,” she said.

“Whether he would make that same decision now, that’s up to him.”

Ms Lawler said she supported Mr Murphy “100 per cent” in his “really tough role”.

“The commissioner has been very clear that he wants to stamp out racism at the police force,” she said.

“I think all of the police force are very, very willing to get on board and to move the police force forward rather than looking back to stories from the early 2000s.”

But in questioning Mr Murphy at the inquest on Wednesday, counsel assisting the coroner Peggy Dwyer SC said “the dates of circulating that derogatory photograph and the commentary was the fourth of March 2022”

“It’s not historic(al) action is it?” she asked.

“No it’s not,” Mr Murphy replied.