The NT Coroner’s Court has confirmed the coronial inquest into the death of Kumanjayi Walker will be held from September 5 2022, at Alice Springs Local Court. Her Honour Elisabeth Armitage will be presiding.
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NOT GUILTY Australia - Kumanjayi Walker, 19, fatally shot by LE, Yuendumu, Nov 2019
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‘Cowboy stuff with no rules’: Zachary Rolfe text messages revealed (theage.com.au)
The outback police officer cleared of all charges over the 2019 death of Aboriginal man Kumanjayi Walker once described his job as a “sweet gig” because you “just get to do cowboy stuff with no rules”.
The text messages were kept from the Supreme Court jury, but can now be published after a consortium of media outlets, including this one, successfully applied to lift all suppression orders relating to the case.
“Alice Springs sucks ha ha. The good thing is it’s like the Wild West and f--- all the rules in the job really ... but it’s a
hole,” Constable Zachary Rolfe wrote in one message to an old Army friend.
“Good to start here coz of the volume of work but will be good to leave.”
In another message contained in the trove, he wrote: “We have this small team in Alice, IRT, immediate response team. We’re not full time, just get called up from [general duties] for high risk jobs, it’s a sweet gig, just get to do cowboy stuff with no rules.”
Despite the prosecution’s efforts throughout the pre-trial hearings, the messages were deemed inadmissable. The court had not distributed its reasons for this judgement by the time of print on Friday.
The outback police officer cleared of all charges over the 2019 death of Aboriginal man Kumanjayi Walker once described his job as a “sweet gig” because you “just get to do cowboy stuff with no rules”.
The text messages were kept from the Supreme Court jury, but can now be published after a consortium of media outlets, including this one, successfully applied to lift all suppression orders relating to the case.
“Alice Springs sucks ha ha. The good thing is it’s like the Wild West and f--- all the rules in the job really ... but it’s a
hole,” Constable Zachary Rolfe wrote in one message to an old Army friend.“Good to start here coz of the volume of work but will be good to leave.”
In another message contained in the trove, he wrote: “We have this small team in Alice, IRT, immediate response team. We’re not full time, just get called up from [general duties] for high risk jobs, it’s a sweet gig, just get to do cowboy stuff with no rules.”
Despite the prosecution’s efforts throughout the pre-trial hearings, the messages were deemed inadmissable. The court had not distributed its reasons for this judgement by the time of print on Friday.
Jaded325594
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If i was on that jury, i would feel deeply betrayed that information was witheld that may have impacted my decision.
From my perspective, the evidence presented in court amounted to nothing. It didn't matter that Rolfe et al didn't follow the arrest instructions, that the nail scissors were unlikely to cause severe harm, that Kumanjayi's arm holding the scissors was pinned between the other copper and the mattress or that Rolfe effective knew what he was doing when he fired shot 2 and 3 because he was careful enough to put his hand on his partners back to move him out of the way before shooting Kumanjayi at point blank. What mattered was Rolfe's "perception" of being in danger. So basically, the jury took his word that he was afraid for his partner's life.
That's why his history is so important I don't understand how it could be left out. A judge has determined that Rolfe has a history of violence and has lied before, to the point of getting a coworker to scratch his face to support his story. Knowing this, I would be much less likely to give him the benefit of the doubt.
I'm honestly wondering if Rolfe stabbed himself!!!!!
You have a strong point to make there, Jaded.... NT police officer Zachary Rolfe made false statements to justify use of force, prosecutors told court - ABC News
The material, known as tendency evidence, included several allegations of excessive use of force by Constable Rolfe, as well as claims that he made false statements to justify his actions.
The material focused on four separate incidents involving Constable Rolfe.
The first related to the officer's arrest of Alice Springs man Malcolm Ryder in 2018.
According to the judge, the prosecution alleged Constable Rolfe punched Mr Ryder in the head, grabbed his hair and slung his head to the ground, rendering him unconscious.
"The Crown alleges that later that day, the accused requested a detective at the Alice Springs Police Station to scratch his face so that he could blame that injury on Ryder in order to justify his use of force," Justice Burns said.
The second incident involved Constable Rolfe's arrest of a 17-year-old Indigenous boy after a chase in the dark in April 2019.
"It is alleged that during the chase, [the boy] stopped running and placed himself on the ground.
"The Crown alleges that the accused then banged [the boy's] head into a rock several times."
The prosecution claimed that Constable Rolfe's statement — that the boy must have cut his head when he dived on the ground to hide from police — was false.
"It is alleged that during the chase, [the boy] stopped running and placed himself on the ground.
"The Crown alleges that the accused then banged [the boy's] head into a rock several times."
The prosecution claimed that Constable Rolfe's statement — that the boy must have cut his head when he dived on the ground to hide from police — was false.
In the third incident, in September 2019, the prosecution claimed Constable Rolfe chased an Indigenous man for 250 metres, before the man slowed down.
"It is alleged that the accused did not slow down and ran full force in [into the man], striking him with outstretched hands, causing [him] to crash with force into a boundary barricade/fence outside a restaurant," the judge said.
Constable Rolfe had stated it was necessary to use the force to prevent a "breach of the peace", but the prosecution said that was false.
"It is alleged that the accused did not slow down and ran full force in [into the man], striking him with outstretched hands, causing [him] to crash with force into a boundary barricade/fence outside a restaurant," the judge said.
Constable Rolfe had stated it was necessary to use the force to prevent a "breach of the peace", but the prosecution said that was false.
In the final incident, the prosecution accused Constable Rolfe of pushing a man at full speed into the wall of a building without any warning, after seeing the man threaten his partner with clenched fists.
The judge noted the officer had not been convicted of any offence.
He also said the prosecution acknowledged that Constable Rolfe did not believe he used excessive force.
The defence argued that the material was not relevant to the shooting in Yuendumu, and that it could unfairly prejudice Constable Rolfe.
The judge noted the officer had not been convicted of any offence.
He also said the prosecution acknowledged that Constable Rolfe did not believe he used excessive force.
The defence argued that the material was not relevant to the shooting in Yuendumu, and that it could unfairly prejudice Constable Rolfe.
The reporting of the Zachary Rolfe trial | The Saturday Paper
In the week since a jury with no Indigenous members took less than a day to acquit Constable Zachary Rolfe of murder and two other charges – after he shot a 19-year-old Warlpiri man three times at point-blank range in Yuendumu in 2019 – Rolfe’s supporters, including many in media, have taken the opportunity provided by continuing suppression orders to challenge the initial decision to charge him at all.
When The Saturday Paper went to press, the suppression orders remained in place, but journalists and media organisations were arguing in the Supreme Court that they should be lifted so the narrative being constructed by the Northern Territory police union and News Corp outlets could be balanced with facts and allegations that challenged it.
The pro-Rolfe media offensive began immediately after the verdict, on the steps of Darwin’s Supreme Court. “A number of public figures have had quite a lot to say before he was charged,” observed Rolfe’s lawyer, David Edwardson, QC, a situation he described as regrettable. “Consequences will flow,” he added, repeating a phrase Chief Minister Michael Gunner used in Yuendumu three days after the shooting of Kumanjayi Walker.
In the week since a jury with no Indigenous members took less than a day to acquit Constable Zachary Rolfe of murder and two other charges – after he shot a 19-year-old Warlpiri man three times at point-blank range in Yuendumu in 2019 – Rolfe’s supporters, including many in media, have taken the opportunity provided by continuing suppression orders to challenge the initial decision to charge him at all.
When The Saturday Paper went to press, the suppression orders remained in place, but journalists and media organisations were arguing in the Supreme Court that they should be lifted so the narrative being constructed by the Northern Territory police union and News Corp outlets could be balanced with facts and allegations that challenged it.
The pro-Rolfe media offensive began immediately after the verdict, on the steps of Darwin’s Supreme Court. “A number of public figures have had quite a lot to say before he was charged,” observed Rolfe’s lawyer, David Edwardson, QC, a situation he described as regrettable. “Consequences will flow,” he added, repeating a phrase Chief Minister Michael Gunner used in Yuendumu three days after the shooting of Kumanjayi Walker.
The following morning, The Australian’s front page carried an exclusive interview with Rolfe, which had been conducted by journalist Kristin Shorten in December 2019, the month after the officer had been charged with murder. Shorten has been co-hosting a podcast summarising each day of the five-week trial. The interview had been held back from publication until after the verdict. In it, Rolfe foreshadowed the testimony he delivered in court more than two years later.
“It is extremely unfortunate that Walker passed but I did what I had to do to protect my partner [Adam Eberl] and myself,” Rolfe told Shorten. “Walker put us in that situation. He put my partner’s life at risk and my own life at risk. I would not do anything differently.” He explicitly denied he was racist: “To put it as bluntly as I can, if a white guy stabbed me and tried to stab my partner, I’d shoot him just the same.”
“It is extremely unfortunate that Walker passed but I did what I had to do to protect my partner [Adam Eberl] and myself,” Rolfe told Shorten. “Walker put us in that situation. He put my partner’s life at risk and my own life at risk. I would not do anything differently.” He explicitly denied he was racist: “To put it as bluntly as I can, if a white guy stabbed me and tried to stab my partner, I’d shoot him just the same.”
The Shorten interview on the front page was accompanied by a colour photograph of Rolfe and contrasted with a story – again by Shorten – about Kumanjayi Walker, whom she referred to by his birth name, under the headline “Unwanted son never had a chance”. It detailed substance-abuse claims about Walker’s biological and adoptive parents and painted a picture of extreme dysfunction, including domestic violence.
The story claimed “it’s impossible to understand” the shooting of Kumanjayi Walker “without knowing Walker’s history”. Subsequent reports have provided additional detail about Walker’s record of lawbreaking. One lawyer – who has asked not to be named due to his position in a state government solicitor’s office – told The Saturday Paper this week that The Australian’s coverage was “basically blaming Walker for being shot by Rolfe”.
The story claimed “it’s impossible to understand” the shooting of Kumanjayi Walker “without knowing Walker’s history”. Subsequent reports have provided additional detail about Walker’s record of lawbreaking. One lawyer – who has asked not to be named due to his position in a state government solicitor’s office – told The Saturday Paper this week that The Australian’s coverage was “basically blaming Walker for being shot by Rolfe”.
In December 2019, Rolfe told Shorten of his belief that he had been “thrown under the bus” by senior levels of the Northern Territory Police Force, despite the video footage captured by police body cameras, which Rolfe described as “evidence that cleared me”.
He said police command “sacrificed me to appease a crowd, which is not what a good leader would do”. The clear implication was that senior police acted, according to Rolfe, to charge him with murder four days after the shooting merely, or mainly, to appease Walker’s family in Yuendumu and broader supporters of the Black Lives Matter movement.
Edwardson said as much during his closing address to the jury, where he lambasted the various senior NT police officers called by the prosecution to give evidence. “The executive of the Northern Territory Police Force and those they deployed to justify these charges, you might think,” said Edwardson, “have thrown everything at Zachary Rolfe because of a decision [to charge him] that should never have been made.”
He said police command “sacrificed me to appease a crowd, which is not what a good leader would do”. The clear implication was that senior police acted, according to Rolfe, to charge him with murder four days after the shooting merely, or mainly, to appease Walker’s family in Yuendumu and broader supporters of the Black Lives Matter movement.
Edwardson said as much during his closing address to the jury, where he lambasted the various senior NT police officers called by the prosecution to give evidence. “The executive of the Northern Territory Police Force and those they deployed to justify these charges, you might think,” said Edwardson, “have thrown everything at Zachary Rolfe because of a decision [to charge him] that should never have been made.”
The idea that Rolfe should never have been charged in the first place has emerged as a key theme in The Australian’s coverage during the week since the verdict. The Northern Territory Police Association and its president, Paul McCue, have maintained that belief since November 2019.
“Let’s not forget, Constable Rolfe and Constable Eberl were set upon viciously and they followed their training,” McCue said on the Supreme Court steps following the verdict. He described as a “travesty” the fact that Rolfe was charged “so quickly and without a thorough investigation”.
The Australian ran a 4000-word summary of the events that led up to the shooting, emphasising Rolfe’s “calm” response when he encountered Walker inside house 511 in Yuendumu and his efforts to apply first aid to Walker afterwards. Its stablemate, the NT News, reported that Walker and Eberl “fell to the ground in a life-and-death struggle inside house 511”.
While that is what Rolfe told the court he saw, it is not an accurate summary of Eberl’s own evidence: he told the court he was attempting to “ground stabilise” Walker, and Rolfe’s body-worn camera footage shows Eberl kneeling on top of part of Walker’s body.
“Let’s not forget, Constable Rolfe and Constable Eberl were set upon viciously and they followed their training,” McCue said on the Supreme Court steps following the verdict. He described as a “travesty” the fact that Rolfe was charged “so quickly and without a thorough investigation”.
The Australian ran a 4000-word summary of the events that led up to the shooting, emphasising Rolfe’s “calm” response when he encountered Walker inside house 511 in Yuendumu and his efforts to apply first aid to Walker afterwards. Its stablemate, the NT News, reported that Walker and Eberl “fell to the ground in a life-and-death struggle inside house 511”.
While that is what Rolfe told the court he saw, it is not an accurate summary of Eberl’s own evidence: he told the court he was attempting to “ground stabilise” Walker, and Rolfe’s body-worn camera footage shows Eberl kneeling on top of part of Walker’s body.
In another report, The Australian described Rolfe as “a private schoolboy [who] fell in love with policing ‘to help people’ ”. That report referred to earlier complaints made against Rolfe for his use of excessive force. Unnamed police said that complaints about them were “not uncommon” in Alice Springs because the town’s Aboriginal legal aid lawyers often encouraged their clients to lodge complaints. The Australian’s letters page filled with comments grouping Rolfe’s prosecution with those of Lindy Chamberlain and George Pell, which “should never have been brought”, and describing the murder charge itself as “a miscarriage of justice”.
The day after the verdict, The Australian also reported on police diary notes that purported to reveal that “senior officers repeatedly expressed concern about the urgency and reasoning behind the decision to charge” Rolfe.
The day after the verdict, The Australian also reported on police diary notes that purported to reveal that “senior officers repeatedly expressed concern about the urgency and reasoning behind the decision to charge” Rolfe.
Three senior officers – Deputy Commissioner Michael White, Assistant Commissioner Nick Anticich and Crime Commander Martin Dole – reportedly took Rolfe’s body-worn camera footage to the then Director of Public Prosecutions, Jack Karczewski, QC, for an “initial opinion” on the lawfulness of Rolfe’s triple-deployment of his police-issued Glock pistol at point-blank range. Karczewski is said to have recommended the murder charge on the basis of the footage.
Rolfe’s supporters say that was a rushed decision. It could also be interpreted as a damning indictment of what was shown on the footage.
In the days following the verdict, the NT opposition leader, Lia Finocchiaro, joined a growing chorus of voices led by McCue alleging political interference from the very top in the decision to charge Rolfe. Chief Minister Michael Gunner had met Warlpiri elders three days after the shooting and promised an independent coronial investigation. “Consequences will flow as a result,” he said.
The pro-Rolfe conspiracists are claiming those words show that Gunner involved himself somehow in the decision to charge Rolfe. The campaign has been successful enough to have the NT’s Independent Commissioner Against Corruption, Michael Riches, consider whether to inquire into the investigation into the shooting.
Rolfe’s supporters say that was a rushed decision. It could also be interpreted as a damning indictment of what was shown on the footage.
In the days following the verdict, the NT opposition leader, Lia Finocchiaro, joined a growing chorus of voices led by McCue alleging political interference from the very top in the decision to charge Rolfe. Chief Minister Michael Gunner had met Warlpiri elders three days after the shooting and promised an independent coronial investigation. “Consequences will flow as a result,” he said.
The pro-Rolfe conspiracists are claiming those words show that Gunner involved himself somehow in the decision to charge Rolfe. The campaign has been successful enough to have the NT’s Independent Commissioner Against Corruption, Michael Riches, consider whether to inquire into the investigation into the shooting.
Monday’s editorial in The Australian declared the Rolfe trial ended in “the right verdict”. It proclaimed that the three charges laid against Rolfe – murder, manslaughter and dangerous act causing death – were never justified.
Nor was the “picking up” of the case by the Black Lives Matter movement. The editorial concluded that the prevention of similar tragedies “must start with addressing the serious problems that afflicted Walker’s life”, not with the reform of policing in Aboriginal communities.
The NT News went further. “In race politics,” it declared, “it seems a white policeman may never shoot a violent black offender attacking him without being accused of racism and murder.” The paper is calling for Police Commissioner Jamie Chalker’s resignation.
Nor was the “picking up” of the case by the Black Lives Matter movement. The editorial concluded that the prevention of similar tragedies “must start with addressing the serious problems that afflicted Walker’s life”, not with the reform of policing in Aboriginal communities.
The NT News went further. “In race politics,” it declared, “it seems a white policeman may never shoot a violent black offender attacking him without being accused of racism and murder.” The paper is calling for Police Commissioner Jamie Chalker’s resignation.
Yet very little of the News Corp coverage – reflected as well in that of other commercial broadcasters – has engaged with the evidence presented at trial.
Walker became an arrest target at the end of October 2019 because he breached a court order imposed for non-violent property offending. The Royal Commission into Aboriginal Deaths in Custody recommended in 1991 that such breaches should be met with summonses, not arrests. Yet NT courts still routinely issue warrants for breaches, and one was issued for Walker.
Walker travelled to Yuendumu, four hours’ drive north-west of Warlpiri country, to attend his great-uncle’s funeral. Funerals regularly impose obligations on First Nations people well in excess of those imposed on settlers. Court orders in the Northern Territory routinely fail to account for funeral and other cultural obligations. Unsurprisingly, funerals in Aboriginal communities are often the reason people breach court orders.
Walker became an arrest target at the end of October 2019 because he breached a court order imposed for non-violent property offending. The Royal Commission into Aboriginal Deaths in Custody recommended in 1991 that such breaches should be met with summonses, not arrests. Yet NT courts still routinely issue warrants for breaches, and one was issued for Walker.
Walker travelled to Yuendumu, four hours’ drive north-west of Warlpiri country, to attend his great-uncle’s funeral. Funerals regularly impose obligations on First Nations people well in excess of those imposed on settlers. Court orders in the Northern Territory routinely fail to account for funeral and other cultural obligations. Unsurprisingly, funerals in Aboriginal communities are often the reason people breach court orders.
When Yuendumu police tried to arrest Walker, he threatened them with an axe. Those officers, who knew Walker, said they never felt he was going to hurt them but mainly wanted to escape re-arrest, presumably in part so that he could attend the funeral. The officers revised their arrest plan and decided to wait until after the funeral.
When Zachary Rolfe, who was in Alice Springs at the time, saw the footage of the “axe incident”, captured on the officers’ body-worn cameras, he thought the Yuendumu police were “greatly downplaying” it, that it was being “swept under the rug”. He raised the footage with his superiors.
Rolfe recommended the Immediate Response Team (IRT), of which he was a member, be deployed to Yuendumu. He told the court: “I characterised [Walker] as a high-risk offender, extremely violent, who was … willing to use potentially lethal weapons against police.”
When Zachary Rolfe, who was in Alice Springs at the time, saw the footage of the “axe incident”, captured on the officers’ body-worn cameras, he thought the Yuendumu police were “greatly downplaying” it, that it was being “swept under the rug”. He raised the footage with his superiors.
Rolfe recommended the Immediate Response Team (IRT), of which he was a member, be deployed to Yuendumu. He told the court: “I characterised [Walker] as a high-risk offender, extremely violent, who was … willing to use potentially lethal weapons against police.”
But Rolfe did not speak with the Yuendumu officers.
He had never met Walker.
For Rolfe’s superiors, the axe incident meant Walker’s arrest would need to be planned. Yuendumu’s station sergeant and her superiors developed an operational plan for Walker’s arrest at 5am on the Sunday. Four IRT officers and a dog handler would be going to Yuendumu to do general duties, which included arresting Walker.
If this plan to deploy IRT officers was clear in the minds of police command, the IRT officers told the court they understood Walker’s arrest was the main objective. They were told to pack their IRT gear, which included an assault rifle.
After the IRT officers left the police station, just after 7pm, Rolfe entered one house – number 577 – and searched each room with his hand on his holstered Glock pistol. More senior officers, including those responsible for training NT police, told the court Rolfe wasn’t acting consistently with his training or with documented procedures, especially with children in the house. Rolfe maintained otherwise. In the background to this trial was a policy question: to what extent should trained police be allowed to escalate the risk of violent confrontation, and then to claim self-defence when possibly foreseeable violence eventuates?
He had never met Walker.
For Rolfe’s superiors, the axe incident meant Walker’s arrest would need to be planned. Yuendumu’s station sergeant and her superiors developed an operational plan for Walker’s arrest at 5am on the Sunday. Four IRT officers and a dog handler would be going to Yuendumu to do general duties, which included arresting Walker.
If this plan to deploy IRT officers was clear in the minds of police command, the IRT officers told the court they understood Walker’s arrest was the main objective. They were told to pack their IRT gear, which included an assault rifle.
After the IRT officers left the police station, just after 7pm, Rolfe entered one house – number 577 – and searched each room with his hand on his holstered Glock pistol. More senior officers, including those responsible for training NT police, told the court Rolfe wasn’t acting consistently with his training or with documented procedures, especially with children in the house. Rolfe maintained otherwise. In the background to this trial was a policy question: to what extent should trained police be allowed to escalate the risk of violent confrontation, and then to claim self-defence when possibly foreseeable violence eventuates?
The officers moved to houses 511 and 518. Senior police told the court they should have formulated a plan and set up a cordon. Rolfe claimed that would have been “impossible” with only five officers and a dog.
The IRT officers, it seems, responded to the axe incident not by planning Walker’s safe arrest but by preparing to use greater force to effect it. Outside house 511, one officer was brandishing the assault rifle. A woman asked why and said it looked like police wanted to shoot someone. “Someone probably shouldn’t run at police with an axe,” Eberl replied.
Rolfe and Eberl approached the front door of house 511. Inside they saw a young man who, it would soon emerge, was Walker. Walker gave a false name but Rolfe suspected he had his man.
The IRT officers, it seems, responded to the axe incident not by planning Walker’s safe arrest but by preparing to use greater force to effect it. Outside house 511, one officer was brandishing the assault rifle. A woman asked why and said it looked like police wanted to shoot someone. “Someone probably shouldn’t run at police with an axe,” Eberl replied.
Rolfe and Eberl approached the front door of house 511. Inside they saw a young man who, it would soon emerge, was Walker. Walker gave a false name but Rolfe suspected he had his man.
Despite characterising Walker as a “high-risk” offender, Rolfe failed to notice that Walker had his hand in his pocket, which is basic police training.
Rolfe moved close to Walker to identify him using pictures on his phone he’d taken from a crucial email – the one detailing the Sunday arrest plan – he claimed he hadn’t read in full.
Senior police said Rolfe unnecessarily placed himself in a high-risk position. Deaths in custody are rife with evidence of police and guards escalating risk like this.
New Zealand police don’t routinely carry guns and tend to be better at avoiding situations in which they might need to use one.
Rolfe moved close to Walker to identify him using pictures on his phone he’d taken from a crucial email – the one detailing the Sunday arrest plan – he claimed he hadn’t read in full.
Senior police said Rolfe unnecessarily placed himself in a high-risk position. Deaths in custody are rife with evidence of police and guards escalating risk like this.
New Zealand police don’t routinely carry guns and tend to be better at avoiding situations in which they might need to use one.
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