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Northern Territory Children's Commissioner found not guilty of abuse of office after case withdrawn

Outside court Colleen Gwynne said she had been victimised and humiliated for doing her job. (ABC News: Felicity James)

Prosecutors have withdrawn their case against the Northern Territory Children's Commissioner Colleen Gwynne days after the beginning of her abuse of office trial.

After a direction from NT Supreme Court Justice John Burns on Tuesday morning, the jury returned a verdict of not guilty.

Ms Gwynne was facing one charge of abuse of office for alleged arbitrary and prejudicial conduct.

She had been accused of attempting to recruit a close friend to the role of assistant commissioner between December 2018 and June 2019.

Prosecutor Georgina Wright SC told the judge there was "insufficient evidence" for the case to proceed.

Justice Burns then told the jury a not guilty verdict was necessary, after his ruling on a significant matter of law not detailed in court.

He told the prosecution he would provide "more fulsome" reasons for the decision to the parties in due course.

Ms Gwynne said she was never interviewed by police investigators. (ABC News: Felicity James)

Apology for 'offensive' comments

Outside court, Ms Gwynne read a statement welcoming the verdict and criticising the police investigation.

"At no stage have I ever been interviewed by investigators — key witnesses who would have demonstrated my innocence were never spoken to," Ms Gwynne said.

"The humiliation and victimisation to which I've been subjected merely for doing my job is something that I had to endure in silence.

"I watched with increasing despair as the case took a life of its own."

Ms Gwynne also apologised to anyone hurt by the "extremely offensive" language she used in conversations covertly recorded by police, which were read aloud to the jury last week.

The racial slurs had been made about Acting NT Children's Commissioner Nicole Hucks, after Ms Gwynne discovered she had been involved in making a complaint about the recruitment process.

"Words that I used at a time of great frustration and anger were made public. I acknowledge those words were extremely offensive," she said.

"I'm mortified that I ever expressed my anger and frustration in that way.

"I apologise to those who were hurt by my words. Those people who know me will confirm that this is just not who I am."

Ms Gwynne apologised outside court for 'offensive' comments recorded covertly by police. (ABC News: Felicity James)

Ms Gwynne thanked her legal team and her family for standing by her.

"Every day this ordeal continued, they have personally been impacted," she said.

"I owe them a debt that I can never repay, especially to my partner Rosie and our beautiful children."

"I will ask now that my privacy be respected while I take time to consider my future."

The prosecution wrapped up its opening submissions last week and Ms Gwynne's defence team had been expected to address the jury with its opening remarks on Tuesday.

NT Police laid the charge against Ms Gwynne in July 2020.

At the time Ms Gwynne called the case "misconceived" and said it would be vigorously defended.

Ms Gwynne was appointed as Children's Commissioner in 2015 and had begun a second five-year term shortly before she was charged.

Prior to taking on the position, she was a senior police officer and worked for NT Police for more than 25 years.

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