Ngeygo Ragurrk Inquest hears police failures led to evidence being dismissed in Mindil Beach killing

A killer’s recorded conversation with NT Police was dismissed by the courts, among other critical ‘inadmissable’ homicide evidence, an inquest has heard.

Aboriginal and Torres Strait Islander readers are advised that this article contains the names and image of Indigenous people who have passed, used with the permission of their families.

The failure to establish a crime scene around the shrub land and beach where a woman was tortured, dragged and killed resulted in key pieces of evidence being thrown out of court.

The family of Ngeygo Ragurrk have told a coronial inquest about their frustration that Garsek Nawirridj was able to plead to the lesser charge of manslaughter — not murder — following her brutal killing days before Christmas 2019.

“None of us knew that full story,” they said in a statement to the Corner.

“We all thought Garsek went to jail for murder, not manslaughter.

“None of us knew Garsek can get out in three years and six months, after Christmas 2026.

“We all thought Garsek was in prison for longer, and he should be in prison forlonger.”

Ngeygo Ragurrk’s family, Karen Nardol, left, Ngeygo’s older sister Edna Midjarda, her father Tommy Madjalgaidj and her sister-cousin Agatina Bangalang at a ceremony at Mindil Beach, where on December 23 2019 she was killed by her partner Garsek Nawirridj. Picture: Pema Tamang Pakhrin

Coroner Elisabeth Armitage has heard after multiple failures to arrest Nawirridj on the morning of December 23, he was again allowed to walk free less than three hours after the fatal assault on his wife at Mindil Beach.

It would take 11 days before Nawirridj was arrested.

Multiple police officers have acknowledged they should have been more suspicious of the known domestic violence abuser when he claimed his badly injured, naked wife had “drowned” during a late-night swim.

Police body cam recorded conversations with Garsek Nawirridj after he tortured and fatally assaulted his wife 40-year-old Ngeygo Ragurrk on December 23, 2019.

Detective Sergeant Martin Ramage told the coronial on Friday that as the general duties patrol group supervisor on the night he was sceptical and suspicious of Nawirridj.

Sergeant Ramage said he was there as his officers struggled to give CPR to the 40-year-old woman lying at the water’s edge, with paramedics reviving a weak pulse after 20 minutes.

Nawirridj claimed he and his wife were attacked by a man and two women earlier and she, despite her significant injuries, had decided to go for a late-night swim.

Police have released police body cam of Garsek Nawirridj after he admitted to setting a car alight at Fannie Bay. He was not arrested on December 23, 2019 and later killed his wife Ngeygo Ragurrk.

But a single look at Ngeygo, and Sergeant Ramage said he knew Nawirridj’s story did not add up.

The inquest heard one of her eyes was completely swollen over, she had a large cut to her head, and blood between her nose and mouth.

“She just looked pretty beaten up,” Sergeant Ramage said.

“Her face looked like it had been punched, like multiple times.”

Police spotlights would soon spot drag marks on the sand, Ngeygo’s bright floral skirt — which Nawirridj had used to strangle her with — and a rockmelon sized stone in the sand.

Sergeant Ramage was the first of several police officers to tell the coroner he checked Nawirridj’s criminal history, exposing a long history of violence towards women.

“I don’t hit my wife,” Nawirridj told Sergeant Ramage.

“I call bullshit,” he replied.

Despite body cam footage capturing Nawirridj’s interview with police at the scene, on Tuesday the coronial heard that evidence was deemed inadmissable because the officers failed to properly caution Nawirridj.

The family of Ngeygo Ragurrk's lawyer James Lowrey, left, with coroner Elisabeth Armitage, counsel assisting Peggy Dwyer and Maria Walz take part in a ceremony at Mindil Beach, where on December 23 2019 the 40-year-old woman was killed by her partner Garsek Nawirridj. Picture: Pema Tamang Pakhrin

Counsel assisting the coroner Peggy Dwyer said Nawirridj was “detained but had not been properly arrested”, with Ms Armitage saying the sentencing justice had found the police caution was “defective”.

Sergeant Ramage said was suspicious of Nawirridj, and left the scene in the hands of another police crew with “the belief that he would be arrested”.

Detective senior constable Brendan Hogan said instead he told Nawirridj that “he was free to go and police would be in contact with him if need be”.

“The story that he gave and the detail, for me, made it quite plausible,” Constable Hogan said.

“Now I didn’t want to go and start arresting an innocent person.

“So those lines of enquiry were certainly needed to be fired up, they couldn’t be done immediately.”

The family of a woman killed by her husband at Mindil Beach on December 23, 2019 has provided an image of Ngeygo Ragurrk when she was 18 years old at Goulburn Island.

Constable Hogan said he did not check Nawirridj’s criminal history, saying “that may have been taken for granted that those checks had been done”.

Nor did he set up a formal crime scene due to poor lighting and tides.

On Monday, Ms Armitage told Constable Hogan the failure to set up a crime scene immediately led to evidence being dismissed in the lead up to her killer’s Supreme Court sentencing.

“I’m concerned that there was potentially available evidence, which did not make it through the review process at the Supreme Court,” she said.

“Some of the things that happened, which meant that it became inadmissible in the Supreme Court, occurred while you were the officer in charge.”

Ms Armitage said it would be helpful for police to review serious matters, such as murders, which were later resolved to lesser pleas.

“Most definitely. It’s something I will be endeavouring to do when I leave here today,” Constable Hogan said.

Originally published as Ngeygo Ragurrk Inquest hears police failures led to evidence being dismissed in Mindil Beach killing