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Warning: this content is distressing and contains the names of Aboriginal people who have passed away.
The Northern Territory government is under mounting scrutiny after it was revealed Attorney-General Marie-Clare Boothby is related to a man sentenced for a fatal hit-and-run, with First Nations leaders and advocates saying the case highlights deep inequities and systemic racism within the justice system.
Despite pleading guilty, he avoided jail time.
The case has fuelled outrage after text messages shown in court revealed Danby mocking the victims, calling them racist slurs and boasting about the crash as a “two for one combo”.
NT prosecutors have lodged an appeal, calling the sentence “manifestly inadequate”.

‘Enraged, but not surprised’

Danggalaba Kulumbirigin Tiwi woman and Advocacy Manager for Change the Record, Mililma May, said the sentence reflected a wider pattern of injustice.
“I was not surprised, but extremely enraged and concerned about the breach of the rule of law and the breach of justice in this decision,” she told NITV.
“This case is an example of the racism experienced by Aboriginal and Torres Strait Islander people in this country, which speaks to the ongoing impact of genocide and colonisation.
“On the one hand, Aboriginal children as young as 10 are locked up under some of the harshest bail and sentencing laws in the country.

“On the other hand, a non-Aboriginal man kills a pedestrian, mocks his victims, flees the scene – and walks away with a community order. The contrast couldn’t be starker.”

Connection to Attorney-General

Public anger escalated after it was revealed Attorney-General Boothby is related to Danby, who is her sister’s stepson – something she had not publicly disclosed until after the sentencing.
Boothby insists she declared the conflict of interest internally and had no role in the case.
But May says the connection is “deplorable and disgusting”.
“It speaks to how, if you know people in certain positions and if you have a certain colour skin, you can be absolved of consequences for your violent actions,” she said.

Labor Opposition Leader Selena Uibo has called on Boothby to resign, saying her “integrity is in tatters”.

Broken trust in institutions

May says the case further erodes trust between Aboriginal communities and NT institutions.
“These systems are broken because they operate with one set of rules for Aboriginal people and another set of rules for everyone else.
“When a police officer can fire three shots at Kumanjayi Walker and be acquitted, or when the family of Kumanjayi White waits in anguish to see whether charges will even be laid – but then we see a non-Aboriginal man who kills an Aboriginal man and doesn’t end up with a sentence – it reinforces our absolute distrust.”
She also pointed to the dramatic rise in Aboriginal incarceration under the Country Liberal Party government.

“This case demonstrates very clearly that the CLP government have an agenda that is racist, that is targeting Aboriginal and Torres Strait Islander people,” she said.

‘The dark truth of Australia’

May said Danby’s text messages, though shocking, reflect deeper structural racism.
“His text messages are the underbelly of this country. He is speaking the thoughts of the politicians, the Country Liberal Party, the judges, the institutions.

“He’s reflective of the racism that this country is built on. His text messages are gross, they’re dehumanising and they’re totally inhumane -and that is reflective of Australia.”

Calls for change

For May, the case underlines the urgent need to move away from punitive approaches and invest in grassroots solutions.

“Ultimately incarceration, especially for Aboriginal children, is always harmful. The real change starts when we centre people with lived experience and grassroots advocacy,” she said.

“We want programs invested in kids on country. We want justice, not jails. We want programs that centre language and culture, bringing multiple generations together to repair relationships.
“These programs already exist and need to be funded – governments just need the courage to back them with Aboriginal and Torres Strait Islander leadership.”

Lifeline 13 11 14

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