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NOT GUILTY Australia - Kumanjayi Walker, 19, fatally shot by LE, Yuendumu, Nov 2019
- Thread starter otto
- Start date
Zachary Rolfe trial: police officer charged with murder tells court Kumanjayi Walker put hand on his gun | Australia news | The Guardian
Zachary Rolfe continued his evidence in the Northern Territory supreme court on Thursday. The court previously heard Walker, a 19-year-old Warlpiri man, had stabbed Rolfe with a pair of scissors shortly before the first shot was fired. Rolfe is not charged in relation to this shot.
Zachary Rolfe continued his evidence in the Northern Territory supreme court on Thursday. The court previously heard Walker, a 19-year-old Warlpiri man, had stabbed Rolfe with a pair of scissors shortly before the first shot was fired. Rolfe is not charged in relation to this shot.
Zachary Rolfe trial: police officer charged with murder tells court Kumanjayi Walker put hand on his gun | Australia news | The Guardian
Rolfe told the court on Thursday that his recollection of the night was that almost immediately after he had asked Walker to put his hands behind his back he started to resist.
He said Walker started to strike him with his right arm, in a downward motion, and he thought it was “strange” Walker was not using his knuckles as he raised his left arm and left shoulder to protect his neck. He said that at this time he noticed Walker had a “metal blade” in his right hand, and that he was stabbed in the top of his shoulder as he had his left arm extended.
He said that soon after he jabbed Walker with his left fist to his face.
Rolfe told the court that as he raised his left arm he also instinctively reached for his Glock handgun with his right hand, and he noticed Walker had his left hand on the weapon.
He said he then twisted his hips back with speed to knock Walker’s hand from the gun, and then stepped back, at which time he said Walker’s attention turned to Eberl.
Rolfe said that he feared for Eberl’s life and soon after drew and fired his gun for the first time. He noticed the shot had hit Walker, but believed the shot had “not at all” incapacitated him.
Rolfe told the court on Thursday that his recollection of the night was that almost immediately after he had asked Walker to put his hands behind his back he started to resist.
He said Walker started to strike him with his right arm, in a downward motion, and he thought it was “strange” Walker was not using his knuckles as he raised his left arm and left shoulder to protect his neck. He said that at this time he noticed Walker had a “metal blade” in his right hand, and that he was stabbed in the top of his shoulder as he had his left arm extended.
He said that soon after he jabbed Walker with his left fist to his face.
Rolfe told the court that as he raised his left arm he also instinctively reached for his Glock handgun with his right hand, and he noticed Walker had his left hand on the weapon.
He said he then twisted his hips back with speed to knock Walker’s hand from the gun, and then stepped back, at which time he said Walker’s attention turned to Eberl.
Rolfe said that he feared for Eberl’s life and soon after drew and fired his gun for the first time. He noticed the shot had hit Walker, but believed the shot had “not at all” incapacitated him.
Zachary Rolfe trial: no ‘reasonable’ grounds for shooting Kumanjayi Walker second and third time, court hears
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Soon after, Rolfe said he saw the pair fall to the ground, where they continued to fight. He said he saw Walker’s body behind Eberl, with both men facing the same direction.
He told the court he believed he could see Walker’s right arm moving and repeatedly stabbing Eberl – who he knew was not wearing body armour – in the chest region. Eberl was found to have a minor scratch near his left armpit after the struggle, but he told the court during an earlier hearing he could recall it being caused by Walker.
Rolfe said that he then walked across the room to the pair, placed his hand on Eberl to ensure he did not move back into his line of fire during the struggle, and shot Walker twice more in the side of his body.
At the time, he said he feared for Eberl’s life, and that he had been trained to use his forearm in such situations.
“I believed he could have been seriously wounded or potentially suffered a fatal stab wound in that fight,” he said.
Rolfe’s evidence continues.
Read more
Soon after, Rolfe said he saw the pair fall to the ground, where they continued to fight. He said he saw Walker’s body behind Eberl, with both men facing the same direction.
He told the court he believed he could see Walker’s right arm moving and repeatedly stabbing Eberl – who he knew was not wearing body armour – in the chest region. Eberl was found to have a minor scratch near his left armpit after the struggle, but he told the court during an earlier hearing he could recall it being caused by Walker.
Rolfe said that he then walked across the room to the pair, placed his hand on Eberl to ensure he did not move back into his line of fire during the struggle, and shot Walker twice more in the side of his body.
At the time, he said he feared for Eberl’s life, and that he had been trained to use his forearm in such situations.
“I believed he could have been seriously wounded or potentially suffered a fatal stab wound in that fight,” he said.
Rolfe’s evidence continues.
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Rolfe says, Walker reached for his ( Rolfe's ) Glock.
No one else has testified to that. Eberl did not see that. Kirstenfeldt did not see that. The Dog Handler bloke , Donald, I think , did not see that.
This is the first mention of Walker reaching for anything, much less Rolfe's Glock. This would require Rolfe to be a mind reader.
If so, then Walker had the scissors in one hand ( his right ) and is , in Rolfe's testimony, reaching for the Glock with his left. Or, he doesn't have the scissors just then, or he is reaching with the same hand with the scissors and intending to handle the Glock at the same time.
Rolfe says, Walker reached for his ( Rolfe's ) Glock.
No one else has testified to that. Eberl did not see that. Kirstenfeldt did not see that. The Dog Handler bloke , Donald, I think , did not see that.
This is the first mention of Walker reaching for anything, much less Rolfe's Glock. This would require Rolfe to be a mind reader.
If so, then Walker had the scissors in one hand ( his right ) and is , in Rolfe's testimony, reaching for the Glock with his left. Or, he doesn't have the scissors just then, or he is reaching with the same hand with the scissors and intending to handle the Glock at the same time.
The trial of Zachary Rolfe | The Australian
Day 17
( yesterday's trial, )with Rolfe on the stand, everyone seems to have been surprised that he did do that. I was, up until some of the testimony given, then it appeared to me that he had to give evidence..
This podcast is interesting for a whole lot of stuff, try and ignore the opening advertisements, move past it. Today's podcast will probably be up in a few hours..
( Court up in Darwin ends at 1.30 pm NT time, around 2 pm East coast ( NSW , VIC) ..)
Day 17
( yesterday's trial, )with Rolfe on the stand, everyone seems to have been surprised that he did do that. I was, up until some of the testimony given, then it appeared to me that he had to give evidence..
This podcast is interesting for a whole lot of stuff, try and ignore the opening advertisements, move past it. Today's podcast will probably be up in a few hours..
( Court up in Darwin ends at 1.30 pm NT time, around 2 pm East coast ( NSW , VIC) ..)
Last edited:
I don't know if it should be significant, but Rolfe refused time and time again to an interview with officers, .. he has that right, and no significance should be drawn from that, but I wonder how the jury will see that.
Rolfe is , at this time, called the first witness for the defence, I dont know who else will be testifying for the defence. ..
( it goes without saying that those that appeared for the prosecution can't be called for the defence, ). .. unless under special circumstances. )
He will be testifying again tomorrow , it is my expectation ( I've made a few prophecies, some losers, some winners ) that the defence will rest tomorrow at the end of the court day, and Strickland will begin his cross exam on Monday, assuming there are no other witnesses for the defence. ..
( it goes without saying that those that appeared for the prosecution can't be called for the defence, ). .. unless under special circumstances. )
He will be testifying again tomorrow , it is my expectation ( I've made a few prophecies, some losers, some winners ) that the defence will rest tomorrow at the end of the court day, and Strickland will begin his cross exam on Monday, assuming there are no other witnesses for the defence. ..
There is a real concrete division about exactly who was supposed to do what on that night/evening. There are high ranking officers, 8 of them who are adamant that the IRT team ( this team backs up the tactical team and/or locals ) and the IRT are part timers, to assist and contain situations.
Rolfe believes him and his group were there to arrest, no matter what, Mr. Walker.
This dissonance is reverberating with every witness that has testified so far, in my opinion.... every witness has a firm and unchanging opinion about it. ..
Not that it matters, but I am inclined to believe Sgt Julie Frost, who requested the IRT from out of the Alice, due to an overload. Her reasoning was, they were a support team, for use in these situations, as backup and extra hands. I believe that she issued written instructions to them also..
Rolfe believes him and his group were there to arrest, no matter what, Mr. Walker.
This dissonance is reverberating with every witness that has testified so far, in my opinion.... every witness has a firm and unchanging opinion about it. ..
Not that it matters, but I am inclined to believe Sgt Julie Frost, who requested the IRT from out of the Alice, due to an overload. Her reasoning was, they were a support team, for use in these situations, as backup and extra hands. I believe that she issued written instructions to them also..
The trial of Zachary Rolfe | The Australian
This podcast, is day 18. today, the continuation of Rolfe's testimony. .
This podcast, is day 18. today, the continuation of Rolfe's testimony. .
The trial of Zachary Rolfe | The Australian
'
He said after approaching Mr Walker and initiating the arrest, Mr Walker began to attack him.
"He raised his arms, he started striking me around the head and neck area, he struck me twice on the top of my head in a hammerfist motion," Constable Rolfe said.'
"I thought this was strange because he wasn't using his knuckles...that was the first time I ID'd that he had a metal blade protruding [from his hand].
"As soon as I saw the blade I feared for my life."
He said Mr Walker then made a move for his gun.
"I realised his left hand was already on my glock, I twisted my hips backwards to knock that hand off my glock."
'
He said after approaching Mr Walker and initiating the arrest, Mr Walker began to attack him.
"He raised his arms, he started striking me around the head and neck area, he struck me twice on the top of my head in a hammerfist motion," Constable Rolfe said.'
"I thought this was strange because he wasn't using his knuckles...that was the first time I ID'd that he had a metal blade protruding [from his hand].
"As soon as I saw the blade I feared for my life."
He said Mr Walker then made a move for his gun.
"I realised his left hand was already on my glock, I twisted my hips backwards to knock that hand off my glock."
Zachary Rolfe tells court Kumanjayi Walker tried to grab his gun during fatal attest | Blue Mountains Gazette | Katoomba, NSW
He said he fired the first shot, which is not the subject of criminal charges, after Mr Walker stabbed him in the shoulder with the scissors while he, Mr Walker and his partner, Remote Sergeant Adam Eberl, were all standing up.
Then he fired the second and third shots, he said, because he believed Sergeant Eberl's life was still in danger, despite Mr Walker now being pinned to a mattress on the floor underneath Sergeant Eberl.
"I could see Kumanjayi's right arm was still moving and stabbing Eberl on the ground," Constable Rolfe said.
"I believed I hadn't incapacitated him at all [with the first shot]."
The court has previously heard from expert witnesses that Mr Walker's arm was likely at least partially pinned underneath his body.
Constable Rolfe then told court that he didn't "feel comfortable" that Mr Walker was no longer a threat until he had handcuffed him, put him in the back of a police car and removed his pants to search him for other weapons.
He explained the way he believed his actions had complied with his training, pausing to enthusiastically explain specific terms to the jury and gesturing with his hands.
He said he fired the first shot, which is not the subject of criminal charges, after Mr Walker stabbed him in the shoulder with the scissors while he, Mr Walker and his partner, Remote Sergeant Adam Eberl, were all standing up.
Then he fired the second and third shots, he said, because he believed Sergeant Eberl's life was still in danger, despite Mr Walker now being pinned to a mattress on the floor underneath Sergeant Eberl.
"I could see Kumanjayi's right arm was still moving and stabbing Eberl on the ground," Constable Rolfe said.
"I believed I hadn't incapacitated him at all [with the first shot]."
The court has previously heard from expert witnesses that Mr Walker's arm was likely at least partially pinned underneath his body.
Constable Rolfe then told court that he didn't "feel comfortable" that Mr Walker was no longer a threat until he had handcuffed him, put him in the back of a police car and removed his pants to search him for other weapons.
He explained the way he believed his actions had complied with his training, pausing to enthusiastically explain specific terms to the jury and gesturing with his hands.
The crowd in the body of the courtroom has swelled in recent days as more and more supporters of Mr Walker, all dressed in black, have filed in to witness the final days of the historic trial.
A number of police witnesses who have previously given evidence in the trial - star prosecution witness Detective Sergeant Andrew Barram among them - also appeared to watch Constable Rolfe from the witness stand.
Zachary Rolfe tells court Kumanjayi Walker tried to grab his gun during fatal attest | Blue Mountains Gazette | Katoomba, NSW
A number of police witnesses who have previously given evidence in the trial - star prosecution witness Detective Sergeant Andrew Barram among them - also appeared to watch Constable Rolfe from the witness stand.
Zachary Rolfe tells court Kumanjayi Walker tried to grab his gun during fatal attest | Blue Mountains Gazette | Katoomba, NSW
Murder trial told Zachary Rolfe feared for his and fellow officer's life before fatal shooting of Kumanjayi Walker - ABC News
Under questioning from his defence barrister, who replayed the body-worn footage to the court, Constable Rolfe said Mr Walker began resisting when told to place his hands behind his back, and then attacked the officers.
"I saw him holding a blade in a dagger-like grip … and then he stabbed me in my left shoulder," he told the court.
"As soon as I saw him with the blade, I immediately feared for my life."
Constable Rolfe said he then reached for his gun and found Mr Walker's hand on it, and, as he stepped back, saw the 19-year-old's attention switch to his fellow officer, Constable Adam Eberl.
( page includes body camera of Constable Rolfe. Warning ) ..
Rolfe's testimony as lead by his barrister has ended, and his cross examination by Strickland has already started, . so , please, ignore my crystalball gazing.... ..
Strickland appears to be taking it slow to start with..
Cross-examination by prosecution begins
Under cross-examination from the prosecution, Constable Rolfe agreed that firing the second and third shots at close range could impact Mr Walker's vital organs and likely cause death or serious harm.
Crown prosecutor Philip Strickland SC noted that after being shot, Mr Walker was crying out for his adopted mother Leanne.
Mr Stickland asked Constable Rolfe if he thought the injured man was in agony.
"Yes, he seemed to be in pain," Constable Rolfe said.
He was also asked if he enjoyed the "adrenaline and the excitement" of deployments with the Alice Springs-based Immediate Response Team (IRT), which was sent to Yuendumu on the day of the shooting.
Constable Rolfe replied: "No, it was work. I enjoyed my work in general."
'''
Murder trial told Zachary Rolfe feared for his and fellow officer's life before fatal shooting of Kumanjayi Walker - ABC News
'''A former soldier, who served in Afghanistan prior to joining the police force in 2016, Constable Rolfe told the court that he applied to join the Special Air Service (SAS) unit within the Australian Defence Force in 2018.
"To be honest, at that point in time, I was in a bit of a rut in the police force and I was looking at other career paths," he said.
He rejected Mr Strickland's suggestion that he was "keen" to be deployed to Yuendumu after watching a video of Mr Walker threatening local officers with an axe several days before the shooting.
"I was indifferent … If I got called up, I would've accepted, I wouldn't have been upset in the slightest if I didn't get called up," he said.
The prosecution is expected to continue its cross-examination of Constable Rolfe when the trial resumes tomorrow.'''
'''A former soldier, who served in Afghanistan prior to joining the police force in 2016, Constable Rolfe told the court that he applied to join the Special Air Service (SAS) unit within the Australian Defence Force in 2018.
"To be honest, at that point in time, I was in a bit of a rut in the police force and I was looking at other career paths," he said.
He rejected Mr Strickland's suggestion that he was "keen" to be deployed to Yuendumu after watching a video of Mr Walker threatening local officers with an axe several days before the shooting.
"I was indifferent … If I got called up, I would've accepted, I wouldn't have been upset in the slightest if I didn't get called up," he said.
The prosecution is expected to continue its cross-examination of Constable Rolfe when the trial resumes tomorrow.'''
Murder-accused cop denies lying to jury (msn.com)
Rolfe fired three shots into the teen's back and torso after he was stabbed with a pair of scissors in Yuendumu, 290km northwest of Alice Springs.
The former soldier has told the Supreme Court in Darwin that before he pulled the trigger Mr Walker placed his left hand on his police-issued pistol.
He also said the teen repeatedly stabbed Sergeant Adam Eberl and that he feared for his and his partner's lives during the incident.
But that testimony has been repeatedly questioned by prosecutor Philip Strickland SC on Friday.
He accused the constable of making up evidence to "justify the fatal shooting" and rehearsing many of his answers.
Rolfe fired three shots into the teen's back and torso after he was stabbed with a pair of scissors in Yuendumu, 290km northwest of Alice Springs.
The former soldier has told the Supreme Court in Darwin that before he pulled the trigger Mr Walker placed his left hand on his police-issued pistol.
He also said the teen repeatedly stabbed Sergeant Adam Eberl and that he feared for his and his partner's lives during the incident.
But that testimony has been repeatedly questioned by prosecutor Philip Strickland SC on Friday.
He accused the constable of making up evidence to "justify the fatal shooting" and rehearsing many of his answers.
Murder-accused cop denies lying to jury (msn.com)
"You knew you had gone too far. You knew you had been too gung ho," Mr Strickland said.
Rolfe denied the claims during a terse and protracted exchange on his third day in the witness box.
The constable said he saw the incidents and "it was a completely dynamic moving situation".
But he was unable to identify Mr Walker reaching for his gun or stabbing Sgt Eberl on the body-worn camera footage played in the court.
Earlier, the constable denied being obsessed with a video of Mr Walker in the lead-up to the shooting.
The court has heard Rolfe viewed body-worn camera footage repeatedly of a so-called "axe incident" involving Mr Walker on November 6.
It showed the teen violently threatening two officers in Yuendumu to evade arrest.
"You knew you had gone too far. You knew you had been too gung ho," Mr Strickland said.
Rolfe denied the claims during a terse and protracted exchange on his third day in the witness box.
The constable said he saw the incidents and "it was a completely dynamic moving situation".
But he was unable to identify Mr Walker reaching for his gun or stabbing Sgt Eberl on the body-worn camera footage played in the court.
Earlier, the constable denied being obsessed with a video of Mr Walker in the lead-up to the shooting.
The court has heard Rolfe viewed body-worn camera footage repeatedly of a so-called "axe incident" involving Mr Walker on November 6.
It showed the teen violently threatening two officers in Yuendumu to evade arrest.
Murder-accused cop denies lying to jury (msn.com)
Neither officer was injured but Rolfe told the court Mr Walker was "lucky he did not get shot that day".
Mr Strickland SC asked Rolfe if he became obsessed with the footage and Mr Walker.
"No," Rolfe replied.
The constable also denied being "fixated".
"You were certainly preoccupied," Mr Strickland suggested.
"No," Rolfe replied.
"You had seen it by then on multiple occasions, hadn't you?" Mr Strickland said.
"Correct," Rolfe replied.
"You hadn't become preoccupied with the idea of tracking down Kumanjayi Walker?" Mr Strickland asked.
"No," Rolfe replied again.
But Rolfe did agree that his supervisors had not ordered him to view the video.
Rolfe has previously told the court that he believed Mr Walker's axe-incident had been "swept under the rug" and should have been taken more seriously by his superiors.
Neither officer was injured but Rolfe told the court Mr Walker was "lucky he did not get shot that day".
Mr Strickland SC asked Rolfe if he became obsessed with the footage and Mr Walker.
"No," Rolfe replied.
The constable also denied being "fixated".
"You were certainly preoccupied," Mr Strickland suggested.
"No," Rolfe replied.
"You had seen it by then on multiple occasions, hadn't you?" Mr Strickland said.
"Correct," Rolfe replied.
"You hadn't become preoccupied with the idea of tracking down Kumanjayi Walker?" Mr Strickland asked.
"No," Rolfe replied again.
But Rolfe did agree that his supervisors had not ordered him to view the video.
Rolfe has previously told the court that he believed Mr Walker's axe-incident had been "swept under the rug" and should have been taken more seriously by his superiors.
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