O’Brien Criminal & Civil Solicitors Commence Civil Proceedings Against NT Government in relation to Death in Custody of Kumanjayi Dempsey.
WARNING: Aboriginal and Torres Strait Islander readers are advised: This article contains the name of an Indigenous person who has died.
MEDIA RELEASE – 25 February 2026
O’Brien Criminal & Civil Solicitors has today filed civil proceedings in the Federal Court on behalf of the family of Kumanjayi Dempsey who died in custody in a Tennant Creek Police Station cell on 27 December 2025.
The proceedings have been commenced against the Northern Territory Government, claiming that the NT police breached their duty of care to Ms. Dempsey.
Statement from Principal Solicitor, Peter O’Brien
“It is extraordinary that in the year of the 35th anniversary of the Royal Commission into Aboriginal Deaths in Custody that we are still seeing preventable deaths happening in police custody.
This case represents a deeply troubling example of what happens when Governments prioritise spending money on increasing police presence in the community but fail to put any significant resources into the care of those in custody.
Ms. Dempsey deserved humane and proper care. She deserved to be detained in humane conditions. The failure of the NT police to ensure this has resulted in a preventable death that has devastated her family and left her 5 children to grow up without a mother.
We are seeking redress not only for the suffering of Ms. Dempsey’s family, but also to uphold the broader issue that there should not be preventable deaths in police custody, ever. The police have a duty to protect citizens in their care and not neglect them to the extent they did Ms. Dempsey.
Background of Kumanjayi Dempsey case
Kumanjayi Dempsey collapsed in a Tennant Creek Police Station cell on 27 December 2025 after being arrested on 25 December 2025.
Kumanjayi Dempsey was unconscious in her cell and left unattended by police for an unknown period.
Kumanjayi Dempsey was deceased before she arrived at hospital.
O’Brien Criminal & Civil Solicitors claim that Kumanjayi Dempsey:
- Was not properly evaluated in relation to her current state of health and/or any existing health concerns;
- Was not provided access to her daily medication for Rheumatic Heart Disease;
- Was not adequately monitored by members of the NTPF present at the Watchhouse;
- Was in a cell that was not adequately air-conditioned, resulting in her being confined in a hot cell;
- Was in a cell that smelt strongly of sewerage; and
- Was in a cell where her only access to water was a tap directly above a dirty toilet.
Lawyers for representing families of those who have died in custody
O’Brien Criminal & Civil Solicitors has a long and successful history of representing families of individuals who have died in police custody. This case continues the firm’s commitment to ensuring that those entrusted with power are held accountable.
O’Brien Criminal & Civil Solicitors ask the media to respect the family’s privacy at this time. – Peter O’Brien, Principal Solicitor at O’Brien Criminal & Civil Solicitors.
Please contact or call (02) 9261 4281 or email for any media enquiries.
Stewart O'Connell is a Special Counsel at O'Brien Criminal & Civil Solicitors, bringing over 20 years of experience in criminal defence and defamation law to the firm. He holds an LLB and a Graduate Diploma in Legal Practice. Stewart has appeared as a barrister in ten jury trials, winning nine, and represented the client who received the highest defamation award in Northern Territory Court history.
He has also negotiated significant compensation settlements in defamation matters against major media organisations, including The Sydney Morning Herald, The Daily Telegraph, The Daily Mail, 7News, and The Financial Review. Earlier in his career, Stewart spent thirteen years working with the Aboriginal Legal Services and ran the Northern Territory Legal Aid office in Katherine.
In 2000, he received the National Children's and Youth Law Centre's National Award for Aboriginal Youth Lawyer of the Year. He served as the Senior Project Officer on the Inquiry into Child Sexual Abuse in Aboriginal Communities in the Northern Territory and later represented youth clients in the Royal Commission into the Protection and Detention of Children in the Northern Territory.
Stewart has also taught Criminal Law at the Australian National University. Known for his direct, empathetic communication style, Stewart prioritises achieving the best and most efficient outcome for every client, whether through skilled negotiation or vigorous courtroom advocacy.
