NT police commissioner never asked government to bring in ADF, AFP

The Northern Territory government is trying to sack the police commissioner for calling in the AFP or ADF – but it never happened.

NT police commissioner Jamie Chalker. Picture: Liam Mendes

The Northern Territory Police Force has denied its commissioner called upon the commonwealth to help bring crime in Alice Springs under control, after it emerged as the main reason the territory government is trying to sack him.

In an undated letter delivered to Police Commissioner Jamie Chalker on March 31, Chief Minister Natasha Fyles asked him to resign. The letter, referred to in court on Monday, set out the reasons why Ms Fyles had lost confidence in the territory’s top cop in the form of four allegations.

The main accusation was that he had recently requested the Australian Defence Force be deployed to Alice Springs to assist in dealing with increasing crime there, despite not having the authority to make such a request.

During a Supreme Court hearing on Monday, Mr Chalker’s barrister, Arthur Moses SC, said the allegation was “false” and that it is now suggested by the NT government that Ms Fyles “might have meant to refer to the Australian Federal Police”.

But The Australian can now reveal no requests were made by Mr Chalker to either federal agency.

NT Chief Minister Natasha Fyles refuses to confirm whether she has confidence in police commissioner Jamie Chalker at the beginning of April. Picture: Liam Mendes

Late on Wednesday, the NT Police told The Australian that the only time the organisation had sought assistance from the ADF was to provide “logistical support” during the evacuation of flood-­affected communities earlier this year.

“There have been no requests to ADF or AFP from the NT Police for assistance relating to crime,” the spokesperson said. “In all the commissioner’s interviews in 2023 with the public discussion surrounding federal support, Mr Chalker is on record as very against the need for ADF assistance to support crime.”

Mr Chalker declined an interview request but has always publicly stated he believes it would be inappropriate to deploy federal agencies to Alice Springs after what happened during the 2007 intervention. Sources close to the commissioner say that for him there is a “moral and philosophical issue at stake”.

It comes as Justice John Reeves made in-chambers orders on Tuesday setting down a hearing date for the top cop’s employment dispute to be heard before Justice Judith Kelly from June 7 to 9.

On Friday, Mr Chalker launched legal action against Ms Fyles, Police Minister Kate Worden and the NT government to prevent his dismissal.

He filed a motion, obtained by The Australian, in the NT Supreme Court on Friday against seeking a declaration that the government has no power to revoke his appointment as Police Commissioner. The court documents sought an order that he be “afforded procedural fairness and natural justice” before the Chief Minister or Police Minister is allowed to recommend his employment be terminated.

The motion also sought an order that Ms Fyles provide the particulars in relation to allegations she made in the March 31 letter and that the defendants be prevented from taking any steps to revoke his appointment until he has had an opportunity to respond to the allegations.

After the judge warned that “consequences will flow” if the NT government took steps against Mr Chalker while the litigation was in progress, the government offered an undertaking it would not move to revoke his appointment while proceedings were under way.

The government could be facing legal action on multiple fronts and will likely be forced to pay civil redress for breach of contract, tortious interference with the commissioner’s contract, breach of duty of care, and defamation.

Mr Chalker remains on leave amid the bitter Supreme Court battle over his tenure.