NOT GUILTY Australia - Kumanjayi Walker, 19, fatally shot by LE, Yuendumu, Nov 2019

[Trooper]

To me, there is a strong undercurrent of aggression going on in the police ranks... nothing new in that belief, this would not be an unusual call on any police command in Australia, probably all over the world, but this part of the testimony given yesterday, hints at the general attitude..

A short recap. ---- Sergeant Julie Frost told the court about her request for assistance from the Alice Springs-based Immediate Response Team (IRT), members of which — including Constable Rolfe — arrived in the community in the early evening on Saturday, November 9.

Julie Frost indicates, instructs, gives advice, proposes, delegates etc the police she has asked for assistance that it's usual, and more productive, and less error-prone to arrest people in the early hours of the morning, 5.30am, .. but Constable James Kirstenfeldt ( only a constable , being issued instructions from a sergeant , but a woman sergeant ) argues back and disrespects Julie Frost's advice, and instructions, and tries to dominate the conversation. ( Julie Frost's testimony) ..

What happened between the constables during that car ride to Yuenmendu, ?.. some alteration to the instructions made by Julie Frost certainly happened because they went straight to the houses searching for Mr Walker, none of this waiting around till 5.30am.

There was a Senior Constable there.. , Constables Rolfe , Eberl, Kirstenfeldt, and Snr Constable Anthony Hawkings. He has not testified as yet, as far as I can tell. Perhaps today .. He would be regarded as the man in charge, yet Julie Frost speaks of Kirstenfeldt dominating the proceedings. . A bit odd. As I see it.

 

[PrimeSuspect]

(And this bit. which just does not ring true, to me. )


'Kelly said he met with Rolfe the night of the shooting after he had returned back to Alice Springs, but did not discuss the incident with him. He said three or four days later, he also went to Rolfe’s house where he was joined by colleagues including other officers who had been in Yuendumu on the night of the shooting: Eberl, Kirstenfeldt, and Snr Constable Anthony Hawkings.

He said “we were basically having a barbecue and a couple of beers as a welfare check on Constable Rolfe” but said he did not discuss the shooting and he did not hear anybody else discussing it.'

( This is a bridge to far to believe , for me. I do not believe for one nanosecond that a few blokes, all coppers, all having been at Yuendumu that night, gathering for a welfare check and a BBQ then did not discuss why they were gathering and what a welfare check was for. This defies logic. My opinion, only. )

I agree, Kelly isn't doing a good job at being credible. I would be inclined to believe it if he said, he or another officer advised them not to discuss the incident before they settled down to enjoy their beers and bbq. Of course, this would invite questions as to why they couldn't discuss it.

All having one mind, acting as one, is just laughable! It's the part of the police force I dislike, the closing ranks and speaking as one unit. Frost's evidence completely blows that apart! jmo

 

[Trooper]

I agree, Kelly isn't doing a good job at being credible. I would be inclined to believe it if he said, he or another officer advised them not to discuss the incident before they settled down to enjoy their beers and bbq. Of course, this would invite questions as to why they couldn't discuss it.

All having one mind, acting as one, is just laughable! It's the part of the police force I dislike, the closing ranks and speaking as one unit. Frost's evidence completely blows that apart! jmo

The hive mind story... I don't believe it, ... and Julie Frost seems to have made an impact with her implied criticism, for which, I have no doubt, she will be made to pay dearly for... a woman breaking ranks!...

This little vid clip is from SBS, a bit of background on the community of Mr . Walker.

Community Policing | SBS On Demand


( and on another tangent, another young bloke , Kumanjayi Ryder, from the Alice, who 's killers were in fact caught and convicted, and were sentenced ... the sentence is a travesty. I throw this vid clip in this thread as part of context. )
Sovereign Union - 'A DOG ACT' FOUR CORNERS 2010 | Facebook


( it is no longer on the ABC website as it is from 2009, I think.. ) ..

 

[Trooper]

Zachary Rolfe trial: officer in charge denies Kumanjayi Walker arrest was timed to let her sleep | Northern Territory | The Guardian


And .... unsurprisingly, the fact that Julie Frost recommended a 5.30 am arrest, and dished out advice and instructions to the officers she called in for assistance. .a normal thing to do, considering she was the experienced one out of them all, has been touted by Rolfe's lawyer, aided no doubt by Kirstenfeldt's story , of her merely wishing to sleep in. ....

In what world is 5.30am a sleep in?..

Today's evidence is tinged somewhat.. from my observations, with a aura of backpedalling , madly backpeddalling by the defence.. Rolfe's story is Sgt. Frost wanted to sleep in.,... so they decided to arrest Walker much earlier at night to thwart any 'sleep in' the Sgt may wish to have.. that the printed copies of the directions and instructions and processes and protocols Sgt Frost printed out for the 3 constables, and one Senior Constable , didn't exist or they were not given them, or they lost them, or....

It has a terrible air about it of crazy. So much of the story is not adding up, and what I thought would be made plain is even more blurred. But somewhere in there the real story resides.

More to come. Much more.

 

[Trooper]

Some testimony from the head Honcho, explaining Frost's thought processes that concluded an early morning arrest would be the least difficult. .. .. Why they didn't all agree to arrest him after the funeral of his relative, I don't know. No explanation so far.


'Supt Jody Nobbs, who oversees policing in 11 remote communities in the southern desert region, including Yuendumu, also gave evidence on Friday.

He said that in a phone call with Frost on the morning of 9 November 2019, she told him she suspected Walker was responsible for a series of break-ins in Yuendumu, including at the house of the nurse in charge of the local clinic. The break-ins, which had not previously been reported to police, had prompted local medical staff to contact Frost telling her they planned to evacuate Yuendumu that day.

The evacuation of medical staff, a large funeral scheduled to take place, the spate of break-ins, and the need to arrest Walker were all mentioned by Frost to Nobbs as reasons for the request for more resources, including the IRT.

The funeral had been for a relative of Walker, and the court has previously heard that he had escaped from an alcohol rehabilitation facility in Alice Springs and removed an electronic monitoring bracelet as he wanted to attend.'

Nobbs said he and Frost discussed arresting Walker at the funeral, but decided against it.

 

[Trooper]

Lawyers for Zachary Rolfe accuse Yuendumu police officer Julie Frost of 'concealing' notes about fatal shooting - ABC News

 

[Trooper]

A good summing up of the trial, so far.


Murder trial of NT police officer Zachary Rolfe finishes first week of evidence over fatal shooting of Kumanjayi Walker - ABC News

A very enlightening outline of the previous encounters with Mr. Walker, and how it was handled, and why it was handled that way, and the outcome.


Bits of interest to me. Police people appearing for the prosecution. Sgt.Julie Frost, Superintendent Jody Nobbs, and two local ( Yuen locals) Senior Constables....

Something along the lines if disciplinarian dispute was taking place once the Instant Response folks came into the picture, Rolfe, Eberl , Kirstenfeldt, and Snr Sgt Hawkings... That's what I think was taking place, the undercurrent has that ambience about it.

I have no clue who else from the police will be appearing for the prosecution, but it is a tremendously outstanding event. I don't think that has happened before in these circumstances. Which is why it is Our Great Shame.

Will Rolfe take the stand? will Eberl? and the argumentative dominating Kirstenfeldt? will Snr Sgt Hawkings, the man ostensibly ( due to rank ) being the bloke in charge of this expedition?...

I am sure Rolfe has been advised not to take the stand. He is not a bloke one can warm to, he strides about , head held high. I do not think he will be of use to himself should he take the stand and testify on his own behalf..

He has probably been woodshedded to a faretheewell for months, ever since the Edict came down that his defence ( that he was a policeman in the lawful course of his duties etc ) was shot to hell and he has to find another defence mechanism.

Then again, the strangest people do exactly that, against all advice, get up on the stand and defend their actions, and they are entitled to do it... sooooo .... as for Eberl, and particularly Kirstenfeldt, my earnest prayer is that they do indeed clump up into the witness seat and tell the story to the jury.

I wait with real apprehension. .

 

[Trooper]

I am not a great admirer of the 'Australian' newspaper, but this podcast is worth hearing..

Yuendumu: The Trial | The Australian


this is the address for Day 5.. the other days are there , 6 podcasts in all, so far.

What I mean is, so far it is worth the time to hear it.. that opinion may change..!..

 

[Trooper]

Superintendent tells Zachary Rolfe murder trial he approved plan for early morning arrest of Kumanjayi Walker - ABC News

Another angle on the timing of the arrest of Mr.Walker...

These high ranking Police persons are appearing for the prosecution.. not for the defence of Zachary Rolfe.. . just to underline this .. it has not happened before, as far as I can find out.

I cannot find anywhere that claims they are hostile witnesses , ie. appearing under duress for the prosecution.

I do not know who else is testifying for the prosecution.. I have a suspicion that Snr.Sgt. Hawkings, who was the highest ranking bloke from the Instant Response Team of Rolfe, Eberl, Kirstenfeldt, will be appearing for the prosecution, .. will find out this week, surely.

 

[Trooper]

Kumanjayi Walker 'quiet, slow' boy: uncle | The Advocate | Burnie, TAS


Kumanjayi Walker was a shy and quiet boy, a Northern Territory police officer who watched him grow up has told a murder trial.

Senior Aboriginal community police officer Derek Williams, who was also Mr Walker's uncle, was in Yuendumu, 290km northwest of Alice Springs, the night the 19-year-old died.

The troubled teen died on November 9, 2019 after Constable Zachary Rolfe, 30, shot him three times during a failed arrest attempt.



He had stabbed Rolfe in the shoulder with a pair of scissors and was scuffling with another officer, Adam Ebrerl, at the time.

Rolfe has pleaded not guilty to his murder, saying he was doing his job in "good faith" and defending himself and a colleague against a violent offender.

But prosecutor Philip Strickland SC says Mr Walker was "effectively restrained" when Rolfe fired his second and third shots and he "intended to kill".

Mr Williams agreed with Mr Strickland that his nephew was "a bit slow" and that his mother had sniffed petrol before he was born.

 

[Trooper]

Juror discharged a week into murder trial of NT police officer Zachary Rolfe | Northern Territory | The Guardian

A jury member has been discharged nearly a week into the four-week trial of a Northern Territory police officer charged with murder.

Soon after the seventh day of Constable Zachary Rolfe’s trial started in the Northern Territory supreme court on Tuesday, Justice John Burns closed the court to discuss a matter related to the jury.



About an hour later, Burns said a juror had been discharged, and one of the reserve jury members would be used.

“Both the accused and the Crown have accepted the assurances given by the remaining members of the jury that they are able to address the issues in this trial in an unbiased fashion,” he said.

“So on that basis the trial will proceed.”



Zachary Rolfe trial: officer in charge denies Kumanjayi Walker arrest was timed to let her sleep
Read more
No further information was given about the reason for the decision.

 

[Trooper]

Kirstenfeldt took the stand today.

First Immediate Response Team member takes the stand in Zach Rolfe murder trial
Zach Rolfe has entered court for the second week of his murder trial.

 

[Trooper]

Murder-accused cop's team fronts trial (msn.com)

Fellow 'response team' member Constable James Kirstenfeldt said he and Rolfe met the officer-in-charge at Yuendumu police station, Sergeant Julie Frost, soon after arriving in the community.

"We were trying to get information out of her: what we were doing and where he was, what houses he was likely to be at," the former soldier told the Supreme Court in Darwin.

"What family members are likely to hide him? Who does not like him and would be likely to give him up?"

Constable Kirstenfeldt and Rolfe were soon joined by two other colleagues from the Alice Springs-based team, Adam Eberl and Tony Hawkings, and dog handler Adam Donaldson.

"I was aware by that stage, that there were no nurses in the community," he said.

 

[Trooper]

"They break into all their houses, and they had all had enough and were scared and left the community."

Constable Kirstenfeldt denied Sgt Frost had given he, Rolfe and the other team members a printed arrest plan to take Mr Walker into custody at 5.30am the morning after he was shot.

"I believe it was suggested that we go and arrest him at around about 5am," he said.

He also said Sgt Frost told the team that if it "came across" the teen, to "grab him".

The team left the briefing with Sgt Frost and 7.06pm and soon found Mr Walker at a nearby home.

Just over a minute later, Rolfe had shot him.

 

[Trooper]

'People yelling and screaming': Uncle describes aftermath of Kumanjayi Walker shooting | NITV (sbs.com.au)


IRT officer examined by prosecution
The first member of the Immediate Response Team (IRT) that carried out the fatal 2019 arrest has given evidence in the murder trial.

Constable James Kirstenfeldt was one of the four members, including Zachary Rolfe, of the heavily armed group deployed to Yuendumu from Alice Springs on the night of November 9 2019.

A former soldier with the Australian Defence Force, Constable Kirstenfeldt can be seen in CCTV footage at the Yuendumu front counter with other members of the IRT, picking up a shot gun that fired non-lethal bean bag rounds.

Constable James Kirstenfeldt arrives to the court.

 

[Trooper]

So far... and a second constable, a dog handler , have testified , a Snr.Sgt. Donaldson.. both he and Kirstenfeldt ( and , I presume , Rolfe ) claim this about the timing.

'Under cross examination from Rolfe’s defence counsel David Edwardson QC, Const. Donaldson was asked about Sgt Frost's briefing regarding the arrest.

“Did Julie Frost, in your presence, ever say that the IRT members or – including yourself, by way of a dog handling support, were prohibited from arresting Kumanjayi Walker before 5am the following morning?"

"No.”

Just to underline, both Kirstenfeldt and Donaldson are appearing , as non hostile witnesses for the prosecution. ... This is the re--enforcing of the story that they didn't know anything about waiting until early morning to arrest Walker, that they should just hurl in to Yuendumu and grab him. 'Were prohibited' was not what Sgt Frost said. But this is the story . If you are not specifically prohibited, then anything goes.

What I did not know was that all of them were former soldiers, of low rank, ( they did not come from Army Officer pool ), I don't know what their service records claim about them, their competency or their capabilities in that organisation. Maybe some of that will become known during this trial. I think it may, there is something going on here about their backgrounds, but.. we will see, friends.,

 

[Trooper]

Sergeant denies hiding evidence in Rolfe murder trial | NITV (sbs.com.au)

The police sergeant in charge of the remote Yuendumu station the night Kumanjayi Walker was shot and killed has denied intentionally concealing evidence from the trial of the officer who shot the teenager, as more footage of the fatal night is released.

Exhibits submitted in the Zachary Rolfe murder trial depict events from before and after the fatal shooting of 19-year-old Kumanjayi Walker in 2019.

Constable Rolfe has pleaded not guilty to the murder of the Yuendumu teenager.

In CCTV footage from the station, Rolfe and other members of the Immediate Response team can be seen arming themselves with military-style assault weapons before heading out on patrol to gather information on Kumanjayi Walker's whereabouts.

 

[brissygirl2019]

It's all very interesting, thanks again Trooper for keeping the media reports coming.

I note you mention that that all of the attending officers were of military backgrounds, do you think that is of relevance in this case & is there a need for their work history to be brought into the court?

 

[Trooper]

It's all very interesting, thanks again Trooper for keeping the media reports coming.

I note you mention that that all of the attending officers were of military backgrounds, do you think that is of relevance in this case & is there a need for their work history to be brought into the court?

I do think it has relevance, BG... It has been a sort of ' falling into' place for men who leave the army ( bearing in mind they are voluntarily joining the Army in the first place, they are not conscripts)... that they then 'fall into ' police jobs, upon discharge under whatever grounds from the Army, in to police forces that are not what one could call glamourous..... NT, WA, SA, ..

No offence to NT,WA,SA intended, but that those territories often, and most probably , in the case of newly inducted personnel get sent to truly remote regions, places far removed from other police, far removed from the capacity to be invisible, as in a city, out of uniform.

It would be a case of always being 'on'. ...

And, entirely , totally my own opinion. These men, they look hardened,, I was surprised to see Kirstenfeldt , for example, was only 30, he looks 45 at least, and by my arithmetic, the army was not where they lasted very long as members. All four of them. .

That is, they , having joined the Army, having ( I presume) deployments overseas,, ( Afghanistan mainly ) they decide , or the army decides they are to part company. I do not think they were tech guru's or medical personnel, or Obs. , or Telecomms. etc.. the 'skills' they picked up in the army don't seem to have translated into commerce, or industry, or academia...

Only my opinion.. I truly can't point to any specific event, or evidence to back my own opinion up!.. call it a hunch. My hunch being that these four were not easy to give orders to, their focus was in giving orders. That this was part of their Army life they walked from and joined up where they could give orders.

Although, there is something out there about Rolfe, I have searched and can't find but way , way back there was a claim that his exit from the army was not one of genteel farewells.

 

[Trooper]

It's all very interesting, thanks again Trooper for keeping the media reports coming.

I note you mention that that all of the attending officers were of military backgrounds, do you think that is of relevance in this case & is there a need for their work history to be brought into the court?

And something I forgot. The murder charge is based on the fact that Rolfe , having fired his service weapon once, and the subject consequently being disabled, he then fired it again, and again. A 'Double Tap' as it's known among gun freaks. A second and a third shot, in nanosecond timing. The second and third shots are the basis of the charge of Murder. Not the first shot.

And this, I think, is where their background is going to come in, in support of Rolfe's background, what Rolfe's defence will portray, that his 'training' in the Army over rode his 'training' in the NT Instant Response Team training. ..