WARNING: This story contains details of an Aboriginal Territorian who has died, some readers may find this story distressing.

“I have a lot of questions, but right now, my heart is just broken” – Toni Whitehurst, sister of Mr Whitehurst who was killed in a hit and run collision last year in Darwin.

After being told over the phone that the person driving the car her brother was hit by has had their sentence extended but still no jail time served, Toni Whitehurst and her sister Stella are angry and sad.

“He was a happy, smiley fella. We miss him and the kids always say, we don’t know where uncle is.”

“Those words he (Danby) said still hurt us, this punishment is rubbish and doesn’t feel good.”

In June last year, unlicensed driver Jake Danby hit two men near a Darwin shopping centre and then fled the scene and was then found to have bragged in text messages about the act.

One man hit, Mr Whitehurst, was thrown seven metres after impact and suffered a traumatic brain injury. He later passed away in Royal Darwin Hospital.

Today, the Northern Territory Court of Criminal Appeal extended Danby’s community corrections order (ICCO) to two years, to be served in home detention — and he must wear an electronic monitoring bracelet.

Sisters Stella and Toni said just over six months on from her brother’s death, their children remember their only uncle as a funny, humble and kind man.

“They miss him. They remember him at the shopping centre, coming to our gate, getting them to do jobs around the house,” Toni said.

“He used to carry his backpack around and wear a cap with his hair out the back and call out to us when we went shopping, teasing.”

Ms Whitehurst said her brother was sleeping around the Yarrawonga suburb after struggling with mental health and social problems that de-railed his once-promising career.

“I’m strong but I got upset when I was told the new sentence. It’s not fair, he (Danby) is still out there, there is no justice. I’m the person who needs to keep fighting for my brother.”

For now, the family looks back on messages and pictures of a man who was an active member of the family and prepares for the one-year anniversary of his death, where they will go to the accident site and lay new flowers and remembers Elijah’s life.

At the time of the accident, Jake Danby was driving an unregistered vehicle. He is Attorney General Hon Marie-Claire Boothby’s sister’s stepson.

North Australian Aboriginal Justice Agency (NAAJA) is assisting the family explore further options for seeking appropriate justice.

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