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Kumanjayi Walker inquest findings delayed after death in custody of another Yuendumu man in Alice Springs

Kumanjayi Walker inquest findings delayed after death in custody of another Yuendumu man in Alice Springs

The long-awaited coronial findings into the 2019 death in custody of Aboriginal man Kumanjayi Walker will be delayed by a month, after the death of another Warlpiri man in Alice Springs last week.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains names and images of people who have died, used with the permission of their family.
Mr Walker, a 19-year-old Warlpiri-Luritja man, died in 2019, after he was shot by then-Constable Zachary Rolfe during an attempted arrest in the remote community of Yuendumu, 300 kilometres north-west of Alice Springs.
Mr Rolfe was later acquitted of murder, manslaughter and engaging in a violent act causing death after a Supreme Court trial in 2022.
A mandatory coronial inquest into the police shooting began in September 2022, examining the broad circumstances of Mr Walker's death.
Coroner Elisabeth Armitage described some of the evidence she heard as "deeply disturbing", as the inquiry unveiled allegations of widespread, systemic racism within the NT Police Force.
Her findings were due to be handed down in Yuendumu on June 10.
However, the community was plunged into grief again last week, when 24-year-old Kumanjayi White — another Warlpiri man — died in custody in Alice Springs.
Samara Fernandez-Brown, a prominent voice for Mr Walker's family and the 'Justice for Walker' campaign, said she was heartbroken and disgusted at news of another Aboriginal death in custody.
"We have been in pain since 2019 and with Kumanjayi Walker's inquest coming to an end, we were looking forward to truly beginning our healing process," Ms Fernandez-Brown, Mr Walker's cousin, said in a statement.
"This is gut-wrenching pain. It is sickening. The kind that stops you from eating and keeps you up at night.
"I can't believe this has happened to another young Warlpiri man."
Ms Armitage had been invited by members of Mr Walker's family to visit Yuendumu to hand down her findings.
With the community again in sorry business — a period of mourning after the death of an Indigenous person — the court's visit has been delayed.
Simon Fisher senior, a grandfather of both Mr Walker and Mr White, said "this is so much trauma for all of us".
"Grandson was a funny young man, a funny little character," he said in a statement.
Joyce Brown, an aunty of Mr Walker, said the fresh tragedy felt "so wrong".
"We have so much pain, this has traumatised us all over again," she said.
"We were just getting to the end of the inquest for Kumanjayi [Walker] after a really long time and now it will start all over again."
The inquest findings will now be handed down on July 7 in either Yuendumu or Alice Springs, depending on the community's wishes.
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How inquest into fatal police shooting of Kumanjayi Walker lays a path for Warlpiri control
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How inquest into fatal police shooting of Kumanjayi Walker lays a path for Warlpiri control

Sitting around the campfire in the red dust of Yuendumu, Ned Jampijinpa Hargraves tells me stories of the ancient Warlpiri customs that created clear lines of authority, and then, about his old people who were forced to work on pastoral stations for meagre rations. In the shadow of the protection era (1890s-1950s), Warlpiri people lived as wards of the state — bound by invisible chains, forbidden to roam their homelands, and silenced from speaking their language. Generations have fought to reclaim control, and the community continues to demand the return of autonomy — something they say could prevent deaths in custody. "We want to control our business," Ned said. "We don't want Kardiya (non-Indigenous people) to come and tell us what to do; that's got to stop." It is the day after Coroner Elisabeth Armitage visited the community — three hours north-west of Alice Springs — to deliver her findings on the 2019 police shooting death of Kumanjayi Walker. In the glow of the central desert community's live music stage, Ned's face grows serious as a sad and soulful reggae song hums. He shares with me that as the six-year fight for justice for Walker draws to a close, he must wake up tomorrow and meet with lawyers for a new fight. His jaja (grandson), Kumanjayi White, another Warlpiri man who lived with cognitive disabilities, died while being apprehended by plain-clothed police on the floor of the confectionery aisle at the Alice Springs Coles in May. Exhausted does not begin to describe how Ned and his family are feeling, but they are also frustrated. Frustrated that his vision, resilience, and deep understanding of what is best for Yapa (his people) has been ignored for decades. The Walker Inquest found the constable who shot Walker in Yuendumu in 2019 and was acquitted of all charges, Zachary Rolfe, held racist views. Walker's death "was avoidable", it found, and "a stark example of officer-induced jeopardy." Judge Elisabeth Armitage identified "clear evidence of entrenched, systemic and structural racism" within the institution Rolfe worked for — the NT Police. This is not something you can fix overnight with the rollout of an anti-racism plan. Systemic change can take generations. Kumanjayi Walker's cousin, Samara Fernandez-Brown, says asking the NT Police to become "safe" for Aboriginal people is unsustainable. "It's a band-aid solution, so I'd like to see a structure that replaces that altogether," Ms Fernandez-Brown said in Yuendumu last week. The Walker findings backed Aboriginal-led solutions and a return to Warlpiri controlling their own affairs. Judge Armitage called for the development of a 10-year youth strategy for Yuendumu, the expansion of night patrol services, a comprehensive review of available youth programs — including on-country rehabilitation and diversion options — and the potential establishment of a local leadership group to guide these efforts. "The solutions have already existed prior to the [2007 federal government] intervention," Ms Fernandez-Brown said. "We're hoping that these recommendations around community authority and a leadership group allow us to get back to that spot." In the wake of these findings, there is a unique opportunity for organisations and agencies to recognise Warlpiri leadership and build genuine partnerships, a move Ms Fernandez-Brown says will "prevent deaths in custody." The inquest into Kumanjayi Walker's death dug deep into a long history of colonial violence and the wounds it left behind. From the 1920s, hordes of gold prospectors and pastoralists moved to Warlpiri Country, putting strain on the only permanent water source, Pikilyi. Judge Armitage found that Warlpiri people were denied access to water and forced to work in conditions resembling slavery, with reports of people being "tied up and flogged," and women and girls raped and abducted. In 1928, the Coniston Massacre saw dozens, possibly hundreds, of Warlpiri, Anmatyerre, and Kaytetye people killed in state-sanctioned reprisals after the death of a dingo trapper. Led by a former WWI veteran turned NT police constable, the attacks went unpunished, with no convictions for any of the killings. The massacre lives on in Warlpiri memory, passed down through generations. Yuendumu became a rations depot in 1946 with the stated aim to "control the shift of Aborigines (sic) to towns", and some children were stolen from the community and institutionalised in hopes they would "integrate" into white society. Finally, in the 1970s, the idea returned that Warlpiri could lead. Federal government policies enabled community governance structures grounded in Warlpiri customary decision-making until the mid 90s, when Yuendumu had at least 13 community-controlled organisations. Judge Armitage heard evidence that this period was one of "vibrant … intercultural activity, involving Warlpiri and Western attitudes and cultural practices being worked into new and productive engagements, in the context of mutual respect relationships." She found that during the 90s, elders in Yuendumu had strong lines of communication with police. But she documented how the so-called "Intervention" systematically undermined and dismantled Warlpiri authority from 2007 onwards. It imposed compulsory income management, compulsory leasing of Aboriginal land, dispossessed traditional owners of recognition and authority, levied financial penalties for failure to comply with the Community Development Program, boosted police numbers, and brought powers allowing police to enter houses without a warrant. Community government councils were abolished by the NT government and amalgamated into eight centralised shires. Judge Armitage found this undercut Warlpiri authority and further diminished job opportunities. Housing was used as a practical example: instead of local workers fixing issues like a blocked toilet immediately, the centralised shire system left tenants waiting three to four months for minor repairs. The federal government's Intervention was meant to last for five years, but blew out another decade under the "Stronger Futures" legislation introduced in 2012. Judge Armitage heard evidence from associate professor Melinda Hinkson that, without consultation, the intervention's core measures snatched authority from traditional owners and were an increase in "the punitive governance and policing of the Warlpiri community by external authorities and officials". Kumanjayi Walker's family would have liked stronger recommendations about police accountability, but the question remains, what worth are such suggestions when the government is in no way legally obliged to implement them? Barrister John Lawrence SC, who didn't work on Kumanjayi Walker's case but represented families in many coronial inquests into Black deaths in custody and the royal commission into NT youth detention, said the inquest's value was in providing a comprehensive historical analysis of racism in the NT Police. "Its findings on that are unequivocal and damning: a force riddled with systemic racism which allowed a totally inappropriate man (Rolfe) into the force and who then permitted him and others to, it seems, have a ball at the expense of Aboriginal people," he said. "He should have been fired way before the killing incident." Rolfe has rejected the coroner's findings and says his actions were "never about race". He is considering appealing the inquest's findings. Judge Armitage called the racism within the NT Police "grotesque". Hearing this was validating for Kumanjayi Walker's family, but without police accountability reforms, Yuendumu is focusing on alternate ways they can avoid it happening again. Families see a clear path toward greater autonomy and believe that with increased resources and support, Yuendumu can shape a future where youth are no longer caught in the justice system, and where the excessive use of force by police against Aboriginal people is truly a thing of the past. "Our people have the solutions; we need to take back our rights to run our community and to have peace," Ned said. "If I could have one (recommendation implemented) today, it would be an independent ombudsman for NT police complaints, but we want investment in community and divestment from police," Ms Fernandez-Brown said. "We want that to be centred around Warlpiri and mob, by doing that it's going to prevent deaths in custody because there will be programs that offer alternative pathways." Our communities don't need saving. Our communities don't need saviours … and that is what Judge Elisabeth Armitage's 683-page report confirms.

Grim update after South Australian maximum security prisoner chewed off own finger
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Killer's death robs Falconio family of hopes for peace
Killer's death robs Falconio family of hopes for peace

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"We are only forced to think about him now that he's died, we don't want to let him to ruin our lives more than he already has." "We didn't have much faith, but we were hoping Bradley John Murdoch would reveal where Peter was before he died. "But even now, we still hold out hope that his remains will be found." John Elferink, who was NT attorney-general when the government passed the "no body, no parole" law, said Murdoch "has left the Falconios with no comfort whatsoever". The killer had always denied his crimes and refused to reveal the whereabouts of Falconio's body. Murdoch had "lived as he died - selfish, self absorbed and indifferent", Mr Elferink said. He still holds hope Mr Falconio's final resting place will be found, but the discovery "is remote at best, impossible at worst". "I'll never say never, because you can't, but at the end of the day I think that the last practical resolution to this matter has passed with the death of Murdoch," he said. 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Murdoch, 67, died from throat cancer on Tuesday under the watch of correctional officers, a month after being moved from jail to the palliative care unit of Alice Springs Hospital in the Northern Territory. He was given a life sentence for the murder of 28-year-old British backpacker Peter Falconio and the assault and attempted kidnapping of his then-girlfriend Joanne Lees, now 51, on the lonely Stuart Highway near Barrow Creek in July 2001. Mr Falconio's parents on Wednesday expressed relief that Murdoch had died, but had held out hope, however slim, that he would reveal where he left their son's remains. "Upon hearing that Bradley John Murdoch had died our first feeling was of relief, it's like a weight that's been lifted," Luciano and Joan Falconio said in a statement to media outlets. "We are only forced to think about him now that he's died, we don't want to let him to ruin our lives more than he already has." "We didn't have much faith, but we were hoping Bradley John Murdoch would reveal where Peter was before he died. "But even now, we still hold out hope that his remains will be found." John Elferink, who was NT attorney-general when the government passed the "no body, no parole" law, said Murdoch "has left the Falconios with no comfort whatsoever". The killer had always denied his crimes and refused to reveal the whereabouts of Falconio's body. Murdoch had "lived as he died - selfish, self absorbed and indifferent", Mr Elferink said. He still holds hope Mr Falconio's final resting place will be found, but the discovery "is remote at best, impossible at worst". "I'll never say never, because you can't, but at the end of the day I think that the last practical resolution to this matter has passed with the death of Murdoch," he said. NT Police said it was "deeply regrettable that Murdoch has died without, as far as we are aware, ever disclosing the location of Peter Falconio's remains". Colleen Gwynne, the lead investigator into Mr Falconio's murder, said it was a sad day for Mr Falconio's family, and that "an enormous opportunity" to find his remains had been lost. Northern Territory Chief Minister Lia Finocchiaro urged anyone with information about the case to contact CrimeStoppers. "It is disappointing for the Falconio family that this case remains unresolved and they are still without the closure they deserve," Mrs Finocchiaro said. A reward of up to $500,000 is available to anyone providing information that leads to the discovery of Mr Falconio's remains. Notorious killer Bradley Murdoch lived like he died - selfish, self-absorbed and indifferent - meaning the chance of recovering his victim's body is considered remote at best. Murdoch, 67, died from throat cancer on Tuesday under the watch of correctional officers, a month after being moved from jail to the palliative care unit of Alice Springs Hospital in the Northern Territory. 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John Elferink, who was NT attorney-general when the government passed the "no body, no parole" law, said Murdoch "has left the Falconios with no comfort whatsoever". The killer had always denied his crimes and refused to reveal the whereabouts of Falconio's body. Murdoch had "lived as he died - selfish, self absorbed and indifferent", Mr Elferink said. He still holds hope Mr Falconio's final resting place will be found, but the discovery "is remote at best, impossible at worst". "I'll never say never, because you can't, but at the end of the day I think that the last practical resolution to this matter has passed with the death of Murdoch," he said. NT Police said it was "deeply regrettable that Murdoch has died without, as far as we are aware, ever disclosing the location of Peter Falconio's remains". Colleen Gwynne, the lead investigator into Mr Falconio's murder, said it was a sad day for Mr Falconio's family, and that "an enormous opportunity" to find his remains had been lost. Northern Territory Chief Minister Lia Finocchiaro urged anyone with information about the case to contact CrimeStoppers. "It is disappointing for the Falconio family that this case remains unresolved and they are still without the closure they deserve," Mrs Finocchiaro said. A reward of up to $500,000 is available to anyone providing information that leads to the discovery of Mr Falconio's remains. Notorious killer Bradley Murdoch lived like he died - selfish, self-absorbed and indifferent - meaning the chance of recovering his victim's body is considered remote at best. Murdoch, 67, died from throat cancer on Tuesday under the watch of correctional officers, a month after being moved from jail to the palliative care unit of Alice Springs Hospital in the Northern Territory. 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John Elferink, who was NT attorney-general when the government passed the "no body, no parole" law, said Murdoch "has left the Falconios with no comfort whatsoever". The killer had always denied his crimes and refused to reveal the whereabouts of Falconio's body. Murdoch had "lived as he died - selfish, self absorbed and indifferent", Mr Elferink said. He still holds hope Mr Falconio's final resting place will be found, but the discovery "is remote at best, impossible at worst". "I'll never say never, because you can't, but at the end of the day I think that the last practical resolution to this matter has passed with the death of Murdoch," he said. NT Police said it was "deeply regrettable that Murdoch has died without, as far as we are aware, ever disclosing the location of Peter Falconio's remains". Colleen Gwynne, the lead investigator into Mr Falconio's murder, said it was a sad day for Mr Falconio's family, and that "an enormous opportunity" to find his remains had been lost. Northern Territory Chief Minister Lia Finocchiaro urged anyone with information about the case to contact CrimeStoppers. "It is disappointing for the Falconio family that this case remains unresolved and they are still without the closure they deserve," Mrs Finocchiaro said. A reward of up to $500,000 is available to anyone providing information that leads to the discovery of Mr Falconio's remains.

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