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

[Trooper]

First shot wouldn't have stopped Kumanjayi | The Canberra Times | Canberra, ACT

Earlier, the jury heard that Senior Constable Anthony Hawkings, who witnessed Rolfe fire the second and third shots, had previously told investigators Mr Walker was contained when he was fatally shot.

Prosecutor Philip Strickland SC reminded him of his statement to police soon after the incident in which Sen Const Hawkings Rolfe and Constable Adam Eberl "looked like had contained (Mr Walker) or were containing the guy".

But on Friday he said Rolfe and Const Eberl "were in the process of attempting to contain Mr Walker" when the shots were fired.

"It was a very active situation.

"I saw them wrestling on the ground."

Sen Const Hawkings also agreed with Mr Edwardson that Mr Walker had not released the scissors he stabbed Rolfe in the shoulder with when he was shot.

"He was not incapacitated was he?" Mr Edwardson said.

 

[JLZ]

I meant the IRT's plan, or expectation. I confess I hadn't imagined any embarrassment on the way home. Comment heavily self-censored.

 

[Trooper]

I meant the IRT's plan, or expectation. I confess I hadn't imagined any embarrassment on the way home. Comment heavily self-censored.

The IRT have not spoken about their 'plan' for that arrest.

Apparently, they went to Mr.Walkers aunty's place. Then next door to the aunty and the young man there told them that Mr Walker was at his girlfriends place, ( which was also her grandmothers place..I think ) ... so they went there, and then blammo.

All up , from leaving the station and Julie Frosts plan and discussion, and ( it's on CCTV, them picking up a piece of paper each which Frost says was a copy of the plan she outlined, in writing, which all four, so far , say they never saw, heard, touched or read any such of a thing ) it took 14 minutes, .... the Frost plan would have taken around 10, 11 hours, time for them to have a rest, then land on Walker at dawn. Which had worked in the past.

But, as I say, as to exactly what plan the IRT had, that's a mystery. Probably always will be.

 

[Trooper]

And a little footnote for the week. In the Northern Territory, where this trial is being held, and under who's penitentiary system Rolfe will fall under, should he be found guilty, the Northern Territory has a Mandatory Life Sentence for murder.

No if's , but's or maybe's, no 20 yrs, 30,, whatever. Life. And Rolfe is a young man, 30 I think.

 

[JLZ]

Here's the if, but & maybe. [Edit: deleted.]
Life imprisonment in the NT

 

[JerseyGirl]

Zachary Rolfe trial: second bullet likely caused Kumanjayi Walker’s death, court hears

 

[Trooper]

You think the evening didn't go to plan then.

Zachary Rolfe trial: what the court has heard so far about the shooting of Kumanjayi Walker (msn.com)

What was the plan?
The trial has heard evidence about what information was provided to Rolfe and his four colleagues from Alice Springs before they travelled to Yuendumu on 9 November 2019. The prosecution argues that evidence – and what the officers knew before they left Yuendumu police station – is essential for establishing the shooting’s context. They argue that the attempt to arrest Walker on the night he was shot was inconsistent with a plan to arrest him the following day.

Sgt Julie Frost, the officer in charge of Yuendumu station, gave evidence that an email described as the operational plan was sent to four of the officers and other police about two hours before they arrived in Yuendumu.

But the officers were already on their way from Alice Springs and would not have had mobile phone reception to check their emails for most of the journey, the court heard.

Frost says she anticipated this and printed out copies for the officers, which she made available at the station when they arrived. She says she gave the officers a briefing about the contents of the plan, which included details of their duties that night, and mentioned the officers would meet back at the station at 5am the following day to prepare for Walker’s arrest.

Two of the Alice Springs-based officers who were in the five-minute briefing and have given evidence, however, recall few details of the briefing and have denied seeing the plan prepared by Frost. Another officer, the dog handler Adam Donaldson, who arrived before the four officers from the Immediate Response Team (IRT) which included Rolfe, said he was given a copy of the plan by Frost.

Frost told the court there was no intelligence on where Walker was, as he had not been seen by police since he threatened two local officers with an axe on 6 November. She had told his family and community elders that he should hand himself in, and given him until after a funeral to be held in the community on 9 November to do so, but did not believe he would surrender.

She said she had told the officers they should gather intelligence on where Walker was while they were patrolling the community on the night of 9 November and that if they came across him that night they should arrest him.

Edwardson says the plan, even if it had have been seen by the officers, contained multiple flaws, including that it mentioned their deployment was not expected until 11pm (about four hours after they were actually ready to deploy) and that there was no intelligence about Walker’s location, meaning he could not be arrested the following morning as police did not know where he was. He has also sought to emphasise that in policing all plans need to be fluid to respond to changing circumstances.

Regardless of what the officers knew before leaving the Yuendumu station, one thing is not in dispute: 15 minutes later Walker was shot.

 

[JLZ]

Zachary Rolfe trial: second bullet likely caused Kumanjayi Walker’s death, court hears

The second last paragraph . . .

Under cross-examination by Edwardson, and after again watching body-worn camera footage of the incident, Hawkings clarified that he did not believe Walker had been contained, even after being shot on the second and third occasions. He also said Walker was still holding the scissors after he had been shot for the third time.

That rather detracts from the credibility of his opinion of the degree of containment before the second shot, do you think? If he thought the victim wasn't 'contained' after the fatal second shot, and third shot on top of that . . . he either has preposterously high standards of what containment means, or he didn't know much at all about what was going on. IMO.

 

[Trooper]

The second last paragraph . . .

Under cross-examination by Edwardson, and after again watching body-worn camera footage of the incident, Hawkings clarified that he did not believe Walker had been contained, even after being shot on the second and third occasions. He also said Walker was still holding the scissors after he had been shot for the third time.

That rather detracts from the credibility of his opinion of the degree of containment before the second shot, do you think? If he thought the victim wasn't 'contained' after the fatal second shot, and third shot on top of that . . . he either has preposterously high standards of what containment means, or he didn't know much at all about what was going on. IMO.

In my opinion, we are at the backside covering segment of this trial. The testimony given by Hawkings, and now Kirstenfeldt, ( yet to come, Eberl who was 'containing' Walker, and Rolfe, who killed him) are on the stand for purposes not confined to detached observation. This is their careers they are grappling for, and a lot rides on how they present and come out of this hot mess.

Also, bearing in mind that the defence's own witness, a Dr, testified that they were not 'surgical scissors' which are comparitively large, but those little scissors with a curved end that you might use for fingernails... the puncture wound on Rolfe is about the size of the end of a pencil. A graze, mostly. So it is just as likely that Walker's fingers were stuck in those tiny scissors. But, back a bit, someone said the scissors were on the ground. .. .

The first shot went into Walker's back. and I reckon that would call a halt to any movement except that of gravity, and momentum taking place, and Eberl had him down....

Eberl, should he give testimony, ( I don't see how he can avoid it ) , will be mighty interesting , in my opinion.

I still think Rolfe will not take the stand, not running the risk of a real going over by Philip Strickland , who is one of Sydney's brightest Counsels... Rolfe naturally comes across as an arrogant bogan , nothing warm or likeable about him has so far presented itself. He would have to force charm and bewilderment , and that can be broken down by clever examination.

 

[Trooper]

Zachary Rolfe trial: second bullet likely caused Kumanjayi Walker’s death, court hears

Good stuff, again,JG

The bit about the scissors.....
'

Zachary Rolfe trial: second bullet likely caused Kumanjayi Walker’s death, court hears


Trauma surgeon testifies in Northern Territory supreme court the Warlpiri man could have survived being shot the first time.

Dr Keith Towsey, a trauma surgeon at two Brisbane hospitals, told Rolfe’s trial on Friday that a review of Walker’s injuries showed the second bullet passed from one side of his body to the other. It penetrated Walker’s liver, spleen, a kidney and right lung while doing so, he said, and likely proved fatal.

Towsey said that while the injuries caused by the first and third shots were still serious, they were unlikely to have proved fatal if Walker had received hospital treatment. All three shots hit Walker in the torso.


Towsey also said the first shot was unlikely to have incapacitated Walker to the extent he would have no longer posed a threat with the scissors, as it would not have diminished the function of his right arm, which had been holding the weapon.

Under cross-examination by David Edwardson QC, for Rolfe, Towsey was asked if he had previously been approached by the Northern Territory police or director of public prosecutions to express an opinion about whether the pair of scissors used by Walker could cause a fatal wound.

He said he was asked his opinion by an NT police officer, and also emailed a photo of the scissors, but after expressing his opinion he did not provide a formal report.

Edwardson called for any record of the communication between Towsey and NT police, including the email containing the photo of the scissors, to be presented to the court.


( in my opinion, the view that Dr Towsey expressed in regard to the scissors was not helpful to the defence of Rolfe. and perhaps there was hope that the whole exchange re the capacity of the scissors in question would sink under the dust of the Simpson Desert. )

 

[JLZ]

So it is just as likely that Walker's fingers were stuck in those tiny scissors.

Snipped for focus. Oh, good point.

There was a picture of the scissors with measurements in one of the articles. Small and blunted as if the points had been broken off. Which doesn't necessarily mean small potential for damage if driven with force, even given reasonably sturdy shirts. But I'm surprised they were visible in the victim's hand to the officer in the doorway, what with all the movement and obstruction of bodies and poor lighting. I didn't see them in the clip of the incident, but I think a time period had been blacked out.

 

[Trooper]

Snipped for focus. Oh, good point.

There was a picture of the scissors with measurements in one of the articles. Small and blunted as if the points had been broken off. Which doesn't necessarily mean small potential for damage if driven with force, even given reasonably sturdy shirts. But I'm surprised they were visible in the victim's hand to the officer in the doorway, what with all the movement and obstruction of bodies and poor lighting. I didn't see them in the clip of the incident, but I think a time period had been blacked out.

I don't know if I am allowed to hold an opinion which might seem radical, much less float it publicly, but I have a whole lot of doubts about these scissors. Small, large, surgical, ordinary.

The word surgical crept into a whole lot of testimony and news reports, but the only surgeon so far has been Towsey and he repudiates the label of 'surgical', and .. you know. ... he would be on the money on that aspect of the case, I would think. He says they were domestic nail scissors.

And .. the chances of a pair of surgical scissors residing anywhere in Yuendumu is remote, . realistically speaking.

There was a picture of Rolfe's injury re these scissors, it's back in this thread somewhere, and if someone can be shot 3 times for that scratch, well, I'll eat my hat. .. the wound is on his left arm , according to the pic, ... Rolfe is right handed.

The only people who came across these scissors in the hand of Walker are the person who shot him, and the person who tackled him. Kirstenfeldt could not have seen the scissors in Walker's hand, because he does not enter the building until the 3 shots have been fired, in fact, he is down the street, he runs to his car to get his assault rifle, he runs up to the front door Its there on is body camera. SO Kirstenfeldt didn't see all this.

Hawkings is in the house, but he comes upon the scene after the first shot is fired and witnesses the second and third shot, a matter of seconds, but he categorically is not where the 'attack with the scissors' takes place, allegedly.

Which is why I am somewhat intrigued to hear Eberl, should he testify.

 

[JLZ]

Murder trial defence argues NT police officer trained to respond to scissors with a gun

Bigger than nail scissors.

 

[Trooper]

[URL='https://www.9news.com.au/national/yuendumu-northern-territory-stabbing-trial-kumanjayi-walker-zachary-rolfe-nt-news/33e6e6e0-be35-421e-adb0-326d5561fd05']Murder trial defence argues NT police officer trained to respond to scissors with a gun

Bigger than nail scissors.

Buy Manicare Nurses Scissors - Blunt/Sharp Tips Online at Chemist Warehouse®

Surgical Scissors | Medical & Nursing Scissors (eboshealthcare.com.au)

Not surgical, though. ... I have a bit of difficulty in matching those scissors to Rolfe's wound/graze/scratch/ rip in t/shirt...... maybe it's just me.. I am affected by the clouds of doubt that Kirstenfeldt, and Hawkings and the dog handler bloke have so far created.. ...I was up for the story of the scissors to begin with, now I am skeptical about that whole scenario.
[/URL]

 

[JLZ]

I wouldn't have thought surgical scissors, being made of high-grade stainless steel, would rust like that. I'm not sure that it matters, unless the intention is to connect Walker with the break-ins at the nursing station (I forget what it was called).

 

[JLZ]

I am skeptical about that whole scenario.

(snipped) So am I, but the prosecution has apparently accepted that the victim was in possession of the scissors and that the victim caused the shoulder wound, so not having seen all the footage I don't feel warranted to go there. It may be plainly so. But there is precedent for police officers and soldiers planting things to justify a killing.

 

[JLZ]

Video from Hawkings' camera here. Confronting footage shown at Constable Zachary Rolfe's murder trial paints a picture of panic in Yuendumu

 

[Trooper]

Video from Hawkings' camera here. Confronting footage shown at Constable Zachary Rolfe's murder trial paints a picture of panic in Yuendumu

'The silence in the courtroom is heavy in the moments after each tape is played.'

I am in my office, with a few other folks , working on an overdue report, and because this interests us, we watched that clip together, and .. the silence is so heavy we just all walked away and have stood out on the balcony, still silent.

Two are still out there. ... None of us can speak about it.

 

[Trooper]

On with the trial.. ..

Zachary Rolfe murder trial told Kumanjayi Walker might have survived shooting if medical help was available - ABC News


I thought that today, perhaps it would be Eberl on the stand... . or Rolfe.. but no. Whether this means that neither of they will be testifying... I just don't know. It would not be unusual, under the circumstances, that neither of them give evidence, Rolfe particularly... .

"""
The jury was also shown the medical scissors with which Mr Walker struck Constable Rolfe in the shoulder before the shots were fired.

A senior forensic biologist with NT Police, Kate Cheong-Wing, told the court that analysis of blood samples on the end of the scissors contained "mixed DNA" matching that of Mr Walker, Constable Rolfe and Constable Eberl.

The trial has entered its third week and continues before Justice John Burns tomorrow.''''

The scissors are still a matter of skepticism for me. I can't get past it.

 

[Trooper]

Second shot killed Kumanjayi Walker, murder trial hears | NITV (sbs.com.au)

In the second segment of this Vid Clip, it shows Rolfe discussing his wound.. he being right handed, the wound on the left upper arm.