The North Australian Aboriginal Justice Agency (NAAJA) is deeply saddened by the 2024 hit-and-run of two Aboriginal men whilst the offender’s drivers’ licence was suspended, which resulted in the death of Kunwinjku man Mr Whitehurst and no term of actual imprisonment for the offender, Mr Jake Danby.
Many Aboriginal people and families from across the NT have contacted NAAJA to express their disgust and dismay about the outcome of this case.
NAAJA extends its support to Mr Whitehurst’s family and the Gunbalanya community following the sentencing. Mr Whitehurst’s sister spoke with NAAJA and asked that her views and her families’ pain be heard by the broader Territory community.
“Why is [Jake Danby] out? If an Aboriginal man hit a white man, he would be locked up.”
“Mr Whitehurst was my one and only brother, now I have no brothers. We loved him so much. This is not fair.”
This case highlights the inequality between the experiences of Aboriginal and non-Aboriginal Territorians in the NT justice system, and the immense advantages experienced by many non-Aboriginal people in the NT legal system.
The offender was granted bail while awaiting sentence, with the court exercising leniency based on his stable housing, strong employment record, and lack of prior contact with the justice system. Unfortunately many Aboriginal Territorians have a very different experience of the justice system due to chronic housing instability, limited access to employment and educational opportunities, over policing and racism.
The racist, dehumanising language used by the offender is a stark reminder of the racism that many Aboriginal people experience in their day to day lives.
“It’s really hurting me. Seeing those messages, it makes me so upset” – Mr Whitehurst’s sister
There is little to suggest the offender’s racist attitudes have been reformed, despite the immense harm for Aboriginal communities across the NT caused by such attitudes. NAAJA calls on the Director of Public Prosecutions to seriously consider pursuing an appeal in this matter, particularly taking into account the callous disregard for victims shown by the offender and the broader community harm when actions causing death are accompanied by racially motivated hate speech.
NAAJA is particularly concerned by the inconsistency in public responses by the NT Government. Aboriginal people and families increasingly feel as though the justice system does not equally protect them. The Government has been quick to comment in cases involving Aboriginal offenders and non-Aboriginal victims with talk of “real consequences”. Their silence on this matter sends a message about the value that the NT Government places on the experiences of Aboriginal victims.
This example of racially motivated hate speech also comes at a time when the NT Government has a Bill before parliament to weaken the protections against hate speech and vilification in the NT’s Anti-Discrimination Act 1992.
The fault lines in our community and our justice system run deep. We call upon the NT Government to make a genuine commitment to bringing the community together and addressing the inequalities which only serve to fuel that division.
Media contact
Comments in this media release other than direct quotes can be attributed to NAAJA Chairperson Theresa Roe.
Contact
Ben Grimes
ben.grimes@naaja.org.au
NAAJA MR2025-17
18 September 2025