Family of Man Who Died After Being Restrained by Police Sues for Answers

The family of Kumanjayi White, a 24-year-old Warlpiri man, has initiated legal action in the Northern Territory Supreme Court, seeking clarity surrounding the decision not to prosecute the police officers involved in his death. White died in May 2025 after being restrained by two officers in an Alice Springs supermarket. The family was officially informed on the first anniversary of his death that no charges would be filed against the officers.

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After considering all available material, including the independent expert report and external legal advice, the DPP formed the view that there were no reasonable prospects of a successful prosecution.

This decision followed a criminal investigation and a use-of-force report conducted by Queensland police. A spokesperson for the Director of Public Prosecutions (DPP) stated that after reviewing all available material, including expert reports and legal advice, the DPP concluded there were no reasonable prospects for a successful prosecution. However, the family, represented by their grandfather Ned Jampijinpa Hargraves, expressed a profound lack of trust in the decision-making process and a desire for more detailed information.

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We feel that we have been let down by the police as well as the court and we are not happy with it. We need something to be done.

"We feel that we have been let down by the police as well as the court and we are not happy with it. We need something to be done," Hargraves told the ABC, emphasizing the family's prolonged wait for answers. Their lawyer, George Newhouse, explained that the legal claim is being made under administrative law, which allows for the review of government agency decisions. The family also asserts their right to this information under the territory's Charter of Victims' Rights.

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We as the lawyers for the family had written to the DPP and asked specifically for the reasons behind the decision. The DPP basically referred us to the [Northern Territory] police for the basis of the decision. Now that was a surprise both to us and the family because everyone had assumed that because the DPP flew out to advise the family that no action was going to be taken, that he had made the decision.

Newhouse highlighted the family's confusion and frustration, as they were initially led to believe the DPP had made the decision not to prosecute. However, the DPP referred them to the Northern Territory Police for the basis of that decision, a move that surprised both the family and their legal team. "Kumanjayi White's family are entitled to know the reasons behind the decision not to prosecute. It's a basic right of all Territorians. And yet, the family have never been given the basis for the reason not to charge, and actually, they've not been told who made the decision," Newhouse stated.

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Kumanjayi White's family are entitled to know the reasons behind the decision not to prosecute. It's a basic right of all Territorians. And yet, the family have never been given the basis for the reason not to charge, and actually, they've not been told who made the decision.