NT Children’s Commissioner won’t probe Kumanjayi Little Baby death as Jefferson Lewis faces court

Warning: This story contains images of a deceased Indigenous person.

The Northern Territory’s child protection watchdog is refusing to investigate the circumstances surrounding the alleged murder of Kumanjayi Little Baby in Alice Springs as her accused killer’s case is mentioned in court for the first time.

NT Children’s Commissioner Shahleena Musk has not initiated an investigation into the life and death of the five-year-old girl, who was allegedly snatched from an Alice Springs town camp last month, and will not seek to determine whether the child’s death was foreseeable.

“We are aware of ongoing police investigations and legal proceedings,” a spokesperson said.

“In addition, the Commissioner has today contacted the coroner requesting that a formal coronial inquest be undertaken into this tragedy.

“These mechanisms are most appropriately placed to investigate and review the circumstances of this matter and potential contributing and systemic factors.”

However, former NT children’s commissioner Colleen Gwynne said the Office of the Children’s Commissioner was the most appropriate body to undertake “a full inquiry into the circumstances of this child”.

Ms Gwynne said the watchdog should urgently examine every interaction between the little girl’s family and government agencies, including police, child protection, health and housing.

“You put it all together and say: what could we have done? Have we missed an intervention point that may have prevented the death?” she said.

“The main question here is ‘was the harm foreseeable?’”

The territory’s independent child safety watchdog is tasked with examining what went wrong, what was known, and how similar cases can be prevented.

The Children’s Commissioner has the power to initiate investigations without a complaint and act independently of other processes.

Ms Musk said she would not conduct a full case review into the child’s life.

“We understand these may be considered through a coronial inquest, not by the Children’s Commissioner,” a spokesperson said.

Ms Gwynne, who led the NT’s children’s watchdog from 2015 to 2021, said the OCC had both the power and responsibility to act immediately.

“The Children’s Commissioner is the independent oversight body . . . with enormous powers to be able to understand what happened in this situation,” she said.

“We cannot wait months or years for the results of a coroner’s inquiry . . . it’s got to be quicker than that.”

The Department of Children and Families declined to answer questions about whether the child or her family were known to authorities, how many reports or notifications had been made, when they were last in contact, whether any risk assessments were conducted, or whether an internal review had commenced.

“We do not provide comment or details relating to the care status or arrangements of individual children,” chief executive Brent Warren said.

“Our focus right now is supporting her family, her community, our people and the Alice Springs community.”

The girl, referred to for cultural reasons as Kumanjayi Little Baby, vanished from Old Timers Camp on April 25, sparking a major search before her body was found five days later about 5km away.

Her accused killer, Jefferson Lewis, was arrested that night. The 47-year-old, from the remote community of Lajamanu, has been charged with murder and two additional charges that cannot be published for legal reasons.

His matter was mentioned, for the first time, in the Alice Springs Local Court on Tuesday.

His Legal Aid NT lawyer, Mitchell Donaldson, requested Lewis be excused from appearing.

The court hearing proceeded in his absence with Judge Anthony Hopkins “acknowledging the deep loss of Kumanjayi Little Baby and of the family’s call for justice”.

Prosecutor Patrick Williams sought a lengthy adjournment to allow time to compile evidence.

“Your Honour will appreciate there has been a very substantial police investigation into this matter, but there will be a very large amount of material on this brief,” he said.

No application for bail was made and the case was adjourned to July 30 for a preliminary examination mention.

Mr Lewis, who remains in custody in Darwin, is also excused from appearing at his next court hearing.

Grieving members of Kumanjayi Little Baby’s family — including her brother Ramsiah and grandmother Karen White — arrived at the Alice Springs courthouse minutes after proceedings concluded.

They spoke with court staff and police before leaving in distress.

Meanwhile, Indigenous Affairs Minister Malarndirri McCarthy has rejected calls for a royal commission into the safety of Indigenous children.

“Well, even the Chief Minister of the Northern Territory said ‘no’ to a royal commission because these issues were not, as I recall, directly coming to her,” she told ABC’s 7.30.

“What we need now is to just have some peace, to be able to bury this little girl. And there will be times for conversations later on.”

Pressed on whether the tragedy must lead to change, Ms McCarthy cited the community’s grief and unity as the response.

“Well, I think everyone accepts that principle,” she said.

“And we saw that change . . . with the hundreds and hundreds and hundreds of people . . . coming together in Alice Springs.”

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