A corruption watchdog has closed an investigation into racism within the Northern Territory police force's elite tactical response unit with no adverse findings despite finding evidence of race-based discrimination.
The probe was triggered by former constable Zachary Rolfe, who tendered three award certificates during an inquest into the death of Kumanjayi Walker, attempting to prove the force's ingrained culture of racism.
Mr Rolfe, who was acquitted of murder at a five-week trial, shot Kumanjayi Walker, 19, three times as he resisted being handcuffed while armed with a pair of scissors in Yuendumu, northwest of Alice Springs, on November 9, 2019.
His racism claims were refuted by five officers, who said the “Nugedah” award was given to the TRG member who had acted in an unhygienic manner and it had no relationship to race.
The Independent Commissioner Against Corruption launched an investigation in early 2024 to test the truthfulness of their statements and whether the TRG had issued any racist awards in the past 12 years.
The commissioner's report into the matter released on Thursday concluded there was no admissible evidence about the five officers that warrants further investigation of any potential charge against them.
"Although the investigation to this point has uncovered some evidence of historical racism within the police force, despite a very thorough investigation there has not been any evidence of any further racist conduct or material produced after 2015," the commissioner's delegate Patricia Kelly wrote in the report.
It also said a further wide-ranging investigation into racism within the force wasn't necessary because the police commissioner had apologised and the agency was taking steps to deal with racism.
The commissioner recommended the investigation be closed, saying there was no further utility in continuing it, nor was their resource available to expand it.
During the early stages of the probe, he found evidence of racism within the force, which included a series of police award certificates issued between 2007 and 2015.
One was entitled "2007 Shit BBQ Award" that was adorned with the words ‘the most coon like BBQ ever!!”.
Another was called the "2007 Noogadah Award" and included the words "utmost level of Aboriginality while being an elite member of the TRS".
The document also included an image of what appeared to be an Aboriginal male lying face down on the ground with beer cans superimposed around the sides of the document.
The commissioner also received declarations from former and current police officers that contradicted the statements made by the five police officers, mainly over the origin and meaning of the “Nugedah” award.
"One of the (five) police officers who provided a further declaration ... after being shown some of these images, acknowledged that they contain racist connotations and used language which was inexcusable and offensive," Ms Kelly said.
"He then apologised for any distress or offence caused."
Despite this, the Director of Public Prosecutions found there was insufficient evidence to charge any of the five officers with either criminal conduct or misconduct.
The report also said none of the five police officers had been given the opportunity to read and respond to the allegations that contradict their declarations.
"It hardly needs to be stated that before making any adverse findings about any of the statements made by those police officers that they must be given the opportunity to answer the allegations which have been made," Ms Kelly said.
"That factor alone makes it impossible and inappropriate for me to make any adverse findings about the allegations against them."
The NT government said it had never supported the allegations that there was systemic racism within the NT police force.
"This period has caused much angst and distress amongst our hardworking police," a spokesman said.
"This report puts those claims to bed."
