The family of an Aboriginal man who died in police custody in Alice Springs last year has initiated legal action against the Northern Territory Police Force, seeking clarity over the decision not to prosecute the officers involved in his death.

Kumanjayi White, a 24-year-old Walpiri man with a cognitive disability, died in May 2025 after being restrained by two plainclothes officers inside a supermarket in Central Australia. The circumstances surrounding his death sparked significant community concern and calls for accountability.

According to court documents lodged this week in the Northern Territory Supreme Court in Alice Springs, Mr White’s family is pursuing orders compelling the police to disclose which senior officer authorized the decision not to press criminal charges against the two officers involved in the incident. The family, represented by legal counsel, is seeking an extension of time to file a judicial review of the prosecutorial decision and has indicated plans to challenge it once the relevant decision-maker is identified.

The dispute arises from conflicting accounts about who ultimately decided against prosecution. The Northern Territory Director of Public Prosecutions (DPP) informed the family on the anniversary of Mr White’s death that no charges would be laid. However, correspondence seen by the family and their lawyers indicates the decision not to prosecute was formally made within the police force based on the advice of the DPP.

In a letter dated July 14, Police Commissioner Martin Dole stated that the police acted on the DPP’s legal advice, which concluded there were no reasonable prospects of conviction. “The decision not to charge anyone was based on the advice from the DPP... I can confirm that decision was made by the Northern Territory Police Force on the day the advice was received from the DPP,” Commissioner Dole wrote. He added that police customarily do not initiate charges contrary to the DPP’s guidance.

The DPP’s office has maintained that after examining all available evidence—including an independent expert report and external legal opinions—there was insufficient basis for a successful prosecution. A spokesperson reiterated the conclusion that no reasonable prospects of conviction existed regarding Mr White’s death.

White’s family has publicly expressed frustration and mistrust in the process, emphasizing their concerns that police, as the agency involved, ultimately held discretion over the charging decision. In a statement, the family recalled a community gathering in Lajamanu where the DPP’s representative announced the decision not to prosecute. The family said they listened respectfully but were disheartened to learn the decision was framed as the DPP’s, without acknowledgment that the police opted not to press charges.

The family has also called for an independent inquiry into Mr White’s death, stating their lack of confidence in the police investigation and prosecution process.

Both the Northern Territory Police Force and the DPP have declined to comment on the ongoing legal proceedings, citing court protocols.