NT corruption watchdog rules racist cops should not be investigated
In a bombshell report, the NT corruption watchdog has found that police who engaged in shocking racist mock awards should not be further investigated and that it doesn’t have the resources to do so.
In a bombshell report, the NT corruption watchdog has found NT police who engaged in shocking racist mock awards should not be further investigated and that in any case it does not have the resources to do so, ruling any racist conduct was “historical”.
There was “no admissible evidence” of any conduct of the five named police officers that warranted any further investigation of any potential charge against them, NT Independent Commissioner Against Corruption delegate Patricia Kelly SC ruled in a report released on Thursday.
ICAC launched its investigation into racism within the force’s elite Territory Response Group after former police officer Zachary Rolfe alleged at the inquest for Kumanjayi Walker in February that the TRG unit created an in-house “Coon of the year” award for members who “exhibited the most coon-like behaviour”, with the Aboriginal flag being background of one of the awards.
However, the extent of ICAC’s investigation is being brought into question after one former police officer – also a recipient of an award featuring the Aboriginal flag – claimed to have never been contacted by ICAC to provide a statement despite his identity being provided to it and NT Police.
All five of the TRG members swore in statutory declarations to the inquest that the “Nugedah” award was simply given to the officer who had “acted in an unhygienic manner”, but claimed they had “never experienced any racism” and the awards were not racist.
However, The Australian revealed shocking racist language and imagery used in the awards, with one certificate from 2007 featuring the words “For the most COON Like BBQ ever!!”.
The letters were in red, yellow and black – the colours of the Aboriginal flag. It was called the SHIT BBQ Award and had a picture of an NT police officer with three Indigenous men.
One award, titled 2007 Noogadah Award, is a photograph of a man – understood to be a police photo of a deceased Indigenous Australian – with images of six cans of Victoria Bitter beer Photoshopped around the body.
“(Name redacted), this is for expressing your utmost level of Aboriginality while being an elite member of the TRS Man your (sic) hard!!!” the award reads.
Another award, believed to have been issued in 2015, is set to the background of William H. West’s Big Minstrel Jubilee, featuring a caricature of a person wearing blackface.
The document is entitled “Winner – Nugeda Award – 2015” and includes the words “Ngalbijijiman – wandering whistling duck”.
Then NT ICAC commissioner Michael Riches said the evidence supported allegations that the awards were “racist towards First Nations people”, and refused to release them as he considered them “so offensive”.
He promised that police officers who came forward with truthful information to his investigation would not be the subject of an adverse finding or be referred to NT Police for disciplinary action.
Extraordinarily, Mr Riches called in the police to help investigate, citing a lack of resources to conduct its own investigation independently due to inadequate funding.
When Mr Riches stepped down from his role as commissioner following accusations of “inappropriate behaviour” made by his staff, Ms Kelly was appointed to continue the investigation.
Ms Kelly said that despite the fact “historical” evidence had been uncovered, there “has not been any evidence of any further racist conduct or material produced after 2015”.
Ms Kelly’s report reveals that Mr Riches, in a letter to the police commissioner, “emphasised that he did not see any utility in pursuing an investigation with a view to making adverse findings against general members of the TRG”.
For that reason, he said, any person who co-operated with the inquiry would not have their identities disclosed.
Ms Kelly said that as a consequence of Mr Riches’ assurances, none of the declarations by police officers who had come forward voluntarily to give information were disclosed to the police or the Director of the Public Prosecutions.
Hence, when police forwarded a brief to the DPP requesting advice as to whether there was sufficient evidence to charge any of the five named police officers, the brief did not contain any of the declarations then in ICAC’s possession. The DPP duly advised there was insufficient evidence to press charges.
That nevertheless left ICAC in possession of statements “which tend to contradict some of the statements made by the five police officers mainly with reference to the origin and meaning of the ‘Nugedah’ award”, which Ms Kelly agreed were “evidently on their face racist”.
As Mr Riches had suggested “responsibility should more properly rest upon the NTPF as a public body rather than upon individuals”, Ms Kelly said she had reached the conclusion that “there is no further utility in investigating this matter, at least in so far as it would involve pursuing the truthfulness or otherwise of the declarations sworn by the five named police officers”.
“None of the five police officers have had any opportunity to read or comment on the redacted material which was now in the possession of the OICAC,” she said, meaning they had not been given the opportunity to answer the allegations against them. Those officers include senior sergeant Shaun Gill, the officer in charge of the TRG from 2011-17, who said in his statutory declaration to the NT coroner: “During my service in the TRG I am not aware of any awards with Indigenous connotations.”
Current OIC of the TRG, Mark Clemmens, who began as a constable in the unit in 2012, said he had never heard any of the awards being referred to as the “Coon of the year award” until Mr Rolfe’s evidence.
“I would not tolerate such an abhorrent award or the use of such racist language. The TRG is not racist. Systemic racism does not exist in the TRG,” he said in his statement signed in February.
Meacham King, who had been with TRG from 2003 to 2021, said he had not heard of any awards being referred to as the “Coon of the year” award.
“There is no such award and never has been,” he said. “None of the awards have any connotation to race. The awards are not meant to be offensive.”
In a statutory declaration to the NT coroner on February 28, Superintendent Craig Garland said he had been to most of the TRG annual awards parties during three stints at the TRG since 2001.
“I asked myself the question whether I thought the TRG members are racist. I can unequivocally say ‘absolutely not’,” Superintendent Garland said.
Superintendent Garland was aware of the Nuggadah award – he spelled it Nugada in his statutory declaration – and said it was for “outstanding lack of excellence in the area of personal hygiene or feral behaviour”. He said the Coon of the year award “simply does not exist in the TRG”.
The Australian has previously attempted to contact all of the officers through multiple platforms.
The revelations also implicated current NT Police Commissioner Michael Murphy, who was outed for knowing about the awards despite previously claiming at a press conference he knew nothing about them and denying the existence of racism in the force.
When compelled to give evidence at the inquest he revealed he had known all along, telling the inquest he regretted not acting on the information and regretted not treating it with the seriousness he should have.
More Coverage
PM makes public safety key priority
Anthony Albanese is seeking to strengthen Labor’s credentials on crime ahead of the next election, announcing millions in prevention and policing measures.
Follow the money: bombshell Bronwyn clue
Missing NSW mother Bronwyn Winfield’s sole parent pension was cut off just weeks after she disappeared, after her estranged husband applied for the money to be diverted to him instead | LISTEN