NT ICAC calls on NT Police to help investigation into elite TRG squad

The NT ICAC has called on the territory’s police to help investigate accusations of racism within the force’s elite police unit, citing a lack of resources to conduct its own investigation independently.

NT Police commissioner ­Michael Murphy and ex-NT policeman Zach Rolfe.

The Northern Territory corruption watchdog has called on the police to help investigate accusations of racism within the force’s elite unit, citing a lack of resources to conduct its own investigation independently.

The extraordinary move means police will work hand in hand with the NT Independent Commission Against Corruption, which usually conducts investigations autonomously and unaided, to investigate their own rank and file.

The move comes after The Australian revealed ICAC was investigating the Territory Response Group over systematic racism, including allegations officers had an in-house award known as “coon of the year” for lack of hygiene and poor performance.

NT Police commissioner ­Michael Murphy had already ­announced an internal investigation into explosive claims of ­racism made by ex-NT policeman Zach Rolfe at the inquest into the death of Kumanjayi Walker, and suggested the allegations might also be examined by “other agencies outside of police”.

In a letter obtained by The Australian, ICAC commissioner ­Michael Riches said he had ­decided to hold his investigation “jointly with the NT Police”.

“I have done so because I do not have the resources to conduct the investigation independently and because I think NT Police should be a part of this process,” Mr Riches wrote in the March 7 letter. “In order to advance my investigation, I am seeking the assistance of current and former TRG members and others who can provide me with first-hand evidence of those awards and the events during which they were presented.”

Serving and retired police officers have raised concerns there will be a cover-up and have refused to make statements, fearing they will become targets because ICAC has failed to provide the independence it promises.

These documents had been unsuppressed by the NT coroner earlier this month.

The letter, understood to have been distributed by Mr Rolfe this month, stated the intent of the investigation was to determine whether the awards were actually presented, and whether “any of those awards made reference, directly or indirectly, to race, and in particular to First Nations people”.

Concerns have also been raised about Mr Riches’ decision to have Mr Rolfe distribute the letter, ­instead of it being sent directly to current and former TRG ­members.

Explosive scenes outside court as a woman believed to be from Yuendumu confronts former NT police officer Zachary Rolfe after day one of him giving evidence at the inquest into the death of Kumanjayi Walker. Picture: Liam Mendes

Mr Riches’ letter, also states an intent to establish “who within the TRG with supervisory or management roles knew of, or participated in, the presentation of those awards”.

“I wish to assess any information I receive against evidence that has been tendered in the ­inquest into the death of Kumanjayi Walker,” Mr Riches said in the letter.

Numerous police sources said officers feared the joint investigation allowed for the police brass to “identify and neutralise any potential whistleblowers and any information they may provide”.

One former officer, who ­received the letter, noted the scope had been limited, as the awards began in 2006, but the ­investigation focused on 2011 to present day. “You would assume ICAC would look at any ­inappropriate conduct or behaviour, not just specific racism … I think that’s a cop-out to really narrow the investigation,” the former officer said.

The source speculated that getting Mr Rolfe to disseminate the letter had the intent of limiting the reach of the investigation.

“They should have gone through the list of TRG members … they won’t do that though because they know there is that much evidence,” one source said.

Former NSW Supreme Court judge and former NSW ICAC ­assistant commissioner Anthony Whealy labelled the decision as “very unusual”, while calling on the NT government to better fund the commission.

“It is odd that the investigation has sought to be done jointly with the police when the investigation will be an investigation into police,” Mr Whealy said.

“It creates a perception that the investigation won’t be even-handed. Secondly, there would be a grave concern that in fact, the investigation might not be even handed. That is to say that police would be favoured or disfavoured in this inquiry, according ­to ­internal police policies for trends. It’s pretty bad on those two fronts.

“They shouldn’t have to resort to using the police in this situation because they don’t have enough resources. That’s what the government’s response should be, straight away.”

Richard Rolfe, Zachary’s father, said he had not seen the letter, but found it “absolutely extraordinary” that NT ICAC was “teaming” with NT police.

“I cannot believe that that is a fair separation of responsibilities, it just seems ludicrous,” he said.

In February Police Commissioner Michael Murphy admitted the award was racist, whether the certificates were verified or not, but was adamant his force did not have a systemic racism problem.

“Particularly when you’ve got five stat-decs from five senior police officers … all stating that the awards had nothing to do with race, yet the Commissioner (Michael Murphy) has come out and said the awards are ‘clearly racist, they are disgraceful, they are abhorrent’,” Mr Rolfe said.

“The fact that the Commissioner has completely discredited his own senior staff, surely that should convince the police minister to provide the necessary funding so that any NT ICAC can do a thorough investigation into the police force,” he said.

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