FOI documents reveal NT Police’s history of failed prosecutions

Documents have revealed a ‘blue team’ report was submitted after a judge found ‘irregularities in police investigation’ and ‘contamination and collusion of the evidence’.

The previously secret documents reveal one prosecution failed because police were ‘not usually required to prove this offence’.

Secret documents released under freedom of information laws have laid bare a litany of failures plaguing the prosecution of hundreds of alleged offenders, including violent robbers and child abusers.

The documents include a report of NT Police’s Failed Prosecution Review Panel established in the wake of the fatal police shooting of Yuendumu teenager Kumanjayi Walker in 2019.

In its first year of operation the documents reveal the panel reviewed 190 failed prosecutions, with 40 of those then referred for “further consideration/action” via a “blue team”.

The highest number of failures was due to an inability to prove the offence in court, followed by an inability to rebut the presumption that children under 14 are not criminally responsible for their actions, known as “doli incapax”.

The report resulted in a number of internal broadcasts including information on identification evidence, brief adjudication, arrest, belief and suspicion and doli incapax.

“Given the short time frame in which the panel has been operating it is difficult to provide a comparison analysis, as to the outcomes of the panel and what, if any, effect it is having on reducing the number of failed prosecutions,” it reads.

An aggravated assault prosecution failed because ‘nil police or victim attended’ court, with ‘nil explanation from OIC or 2IC’.

“What is clear is that the operation of the panel is reviewing matters that were not previously being reviewed, where appropriate providing feedback, guidance or remedial action back to officers through the blue team process and also initiation actions to raise awareness of and prevent future failures occurring.”

However, an identical FOI request for the same information for the years 2021 and 2022 resulted in police handing over a heavily redacted, partially illegible spreadsheet containing no final report or recommendations.

It reveals officers still had issues understanding the concept of doli incapax with almost 100 prosecutions failing as a result, while more than 160 were listed as “unknown” or “other”.

One case in the latter category involving a charge of murder resulted in no recommendation being made, with no explanation provided.

In another instance, a charge against a youth of raping a child under 10 is listed as having failed due to “prosecutor failure” with “advice” to be provided, while an undated drug charge failed due to “police failure” and was referred to the blue team.

The documents reveal another blue team report was submitted following a review in August 2021 after a judge found “irregularities in police investigation”.

“Could not be satisfied BRD re assault and damage property,” the documents read.

“HH commented contamination and collusion of the evidence. Improperly obtained evidence.”

In another instance, the documents show a prosecution of driving offences in Alice Springs failed because officers were “not usually required to prove this offence”.

“Requested from OIC two weeks before hearing and response was that it is not usually required,” they read.

“Still requested but was not followed through.”

Yet another prosecution failed because the officer in charge “was on leave until day of mention in court” and no drug certificate was obtained “despite numerous requests”.

It prompted a general broadcast “for supervisors to moniter (sic) members (sic) case while they are on leave”.

The revelations were contained in heavily redacted and barely legible documents released under freedom of information laws.

“Broad issue of spv not monitoring officers while not (sic) on leave,” the documents read.

They also reveal a plea to fully redacted charges was negotiated at an unknown time after “both police witnesses did not attend court” and “no one was appointed as alternative”.

“The victim made her own way to court,” the documents read.

“She had not been informed about the Vulnerable Witness Room/separate entrance and so was sitting in the body of the Court near the Defendant,” the documents read.

On another occasion, a prosecution for aggravated assault causing harm to a woman failed along with an alleged domestic violence order breach because “nil police or victim attended on the day”.

“Nil explanation from OIC or 2IC,” the documents read.