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

[Trooper]

No plan for murder-accused cop to 'go in' (msn.com)

A bit more detail in this report... not good news for Rolfe, ..

Today, I think, Strickland gives a summing up. ,, that's how it appears to me, which indicates that Rolfe, no surprise, is not going to give any testimony in his own defence. Not that doing that should be held against him, but juries, for reasons known only to them, tend to do exactly that, yet, on the other hand, one who gets up into the box and self testifies runs the equal chance of getting on the wrong side of a jury ( Baden-Clay, case in point )

'
'''Prosecutors say his Immediate Response Team ignored senior officers' orders to wait until 5.30am the following day to arrest the teen when he could be more easily taken into custody.

Rolfe and another officer instead went into Mr Walker's grandmother's home where they found the teen and attempted to take him into custody.

The unit's commander, Sergeant Lee Bauwens, told the Supreme Court in Darwin the part-time team's job was to cordon and contain offenders for the full-time Tactical Response Group.'''''


( it seems that Strickland is not having a bar of the 4 IRT claiming they were not issued any instructions at all. It was a tall tale to swallow, for me, it was how would they know where Kumanjayi was unless the address was written down in the instructions? They were not locals, they were sent out from the Alice. They had him dead in 14 mins from them leaving the police station. )

 

[Trooper]

NT sergeant tells court Zachary Rolfe is an accurate marksman trained to contain high-risk events | Australia news | The Guardian

This testimony is being given by Rolfe's immediate superior,. Kirstenfeldts, Hawkings as well.. and outlines the training and the opinion held by his manager.

''Sgt Lee Bauwens also said in the NT supreme court on Thursday that Rolfe achieved perfect scores in shooting training, and had later assisted him in some training sessions.''

The prosecutor, Strickland, goes after him.. .. 'Bauwens was asked extensive questions by prosecutor Philip Strickland SC about the defensive tactics and cordon-and-contain training that Rolfe had received. Strickland told the court in opening his case that the context leading up to the shooting, including Rolfe’s training and the planning undertaken before the IRT travelled to Yuendumu, was relevant to the murder charge.'

Rolfe's defence barrister, David Edwardson QC, for Rolfe, repairs the cracks and leaks, which is his highly paid job to do...

' asked Bauwens about NT police training, including a manoeuvre Bauwens described as a “shove and shoot”.

Bauwens said this was specifically taught to officers as training for how to respond when confronted with an edged weapon by an offender who was in close proximity, and it involved shoving or hitting the offender with one arm while using the other to draw the gun and fire at the offender.

Under questioning from Edwardson, Bauwens agreed that all NT police were trained to only use force when necessary, and to only use force that was reasonable and proportionate to the threat.

“In other words, if someone is brandishing a chopstick, you don’t pull out your gun, do you?” Edwardson said.

“Not generally, no,” Bauwens responded.

Edwardson then asked: “On the other hand, if they produced an edged weapon which is potentially lethal, then you’re told you’re entitled to deploy your weapon and you have to, if necessary, be prepared to pull the trigger?”

“That’s correct,” Bauwens said.

The trial continues.

 

[JLZ]

Questioning whether the scissors stabbed the shoulder. Forensic expert tells murder trial Constable Zachary Rolfe was stabbed with sharper blade on scissors before shooting

 

[Trooper]

An interim report.. Philip Strickland is giving his summing up for the Prosecution.

It is Strickland's contention that Walker was under containment after the first shot. That, therefore, the murder charge is based on the belief that Rolfe intended to cause catastrophic harm, death, due to the 'double tap' firing of the second and third shot, not done in good faith but with intention to harm , which was beyond his instruction and authority.

Going into Rolfe's background, a bit of administrative work, bit of peripheral policing, bit of this, bit of that. .

The mood in the court is solemn, sombre, attentive, nervous .

About 15 people in the gallery, mainly due to Covid restrictions, but it is being beamed into Alice Springs main court, and in that court, there are a lot of people.

Asking around , the main hope for people is justice. Which, .. probably means different things to each person, perhaps...

14 jurors, 2 spares. large age range in the jury, .. so far no Covid problems, but that is expected to play into this.

Now.. I think that the defence summing up will be on tomorrow, (Saturday)... the jury has been assigned to this segment of the trial to run from 9.30am , to 1.30 pm .

 

[Trooper]

And for the really keen.. .. Space / Twitter

This site , it has been on every day, these two girls give an excellent summing up of the day's happenings in the court, as well as observations, and court commentary..

I think one can go back to day1,, day 2, etc..

 

[Trooper]

Questioning whether the scissors stabbed the shoulder. Forensic expert tells murder trial Constable Zachary Rolfe was stabbed with sharper blade on scissors before shooting

I am intrigued by this perspective.. then, there is the evidence given that Eberl, Rolfe and Walker's DNA was on the scissors. . STILL no explanation for that ... for Eberl's DNA, that is.

 

[Trooper]

I forgot to add! that , as far as I can tell so far, Rolfe is not going to give any testimony in the stand.

He is entitled to do that, and has probably been advised by his stratospherically paid Queens Council ..... to not subject himself to cross examination by Philip Strickland.

 

[Trooper]

Zachary Rolfe trial: Kumanjayi Walker posed little threat when he was shot a second time, court told (msn.com)

Sorry , but there was another witness to go this afternoon..

Dr Andrew McIntosh, a biomechanist, gave evidence on Friday that at the time Walker was shot by Rolfe on the second and third occasion, he posed no threat to Rolfe and a low threat to his colleague, Adam Eberl.

Under questioning from the prosecutor, Philip Strickland SC, McIntosh said that Walker posed no threat to Rolfe as he was on the ground under Eberl, whereas Rolfe was standing up. Walker posed a low threat to Eberl because the arm that had been holding the scissors was pinned between his body and a mattress on the ground, and Eberl’s body mass was pressing down on top of him, McIntosh said.

When cross-examined by David Edwardson QC, for Rolfe, McIntosh agreed the body-worn camera footage had limitations. He gave the analogy of “cricket buffs” watching a match on television and being convinced a bowler bent their elbow when bowling, when in reality their arm had not changed position.

 

[Trooper]

;Now.. I think that the defence summing up will be on tomorrow, (Saturday)... the jury has been assigned to this segment of the trial to run from 9.30am , to 1.30 pm .'

From my own post!....

Of course, no sitting on Saturday, what was I thinking?...my apologies.

It is on again to day, ...

No word as yet as to Rolfe taking the stand.

 

[Trooper]

Murder-accused NT cop's Taser battery flat | The Islander | Kingscote, SA (theislanderonline.com.au)

A flat battery in the Taser... ..

'
''''Rolfe fired three shots into Mr Walker's back and torso as he resisted arrest at his grandmother's home in Yuendumu, 290km northwest of Alice Springs.

Detective Senior Sergeant Andrew Barram told the Supreme Court in Darwin he inspected Rolfe's police utility belt after the shooting.



The former officer-in-charge of the NT Police operational safety section found Rolfe's Taser battery was flat.

"It appeared the safety switch had been left in the on position," he said on Monday.

The court has previously heard Mr Walker was unlikely to have been a threat to Rolfe when he shot the teen.

Human movement expert Andrew McIntosh found Rolfe had moved away from Mr Walker before he pulled the trigger for the first time.''''


( pretty thin stuff, is what I am thinking here... nothing to confirm that Rolfe even drew his Taser from the holder, really... ) .. more to come.

 

[Trooper]

Police expert tells murder trial Zachary Rolfe failed to follow safety training before fatal shooting of Kumanjayi Walker (msn.com)


WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains an image of a person who has died, used with the permission of their family.



Acting Superintendent Andrew Barram, who previously led the operational safety section at the NT Police training college, told the court that constables Rolfe and Eberl failed to adopt a cautious approach, such as by conducting a cordon-and-contain operation.

In response to questions from the prosecution he said: "They shouldn't have gone in [to the home]."

"If they're suspecting that it's Mr Walker, and he's clearly a high-risk offender [who] previously has armed himself, why would you put yourself in such close proximity to him?" Acting Superintendent Barram said.

(And it might come down to this.... There had been rumours of insufficient training, and/or trainees paying insufficient attention during the training, way back last year... .... )

 

[Trooper]

Police expert tells murder trial Zachary Rolfe failed to follow safety training before fatal shooting of Kumanjayi Walker (msn.com)


(And worse....... . a lot of backtracking and backside covering has had to be done by everyone who ever seemed to have any responsibility for Rolfe.....)

'Constable Rolfe had 'readiness' to use firearm: Barram
The senior officer was also highly critical of the way officers searched another nearby house shortly before they moved onto the one in which they found Mr Walker that evening.

He said body-worn camera footage showed Constable Rolfe had been told by another officer that a young boy said Mr Walker had just left the property and would be back later that evening.

Despite that, Acting Superintendent Barram said Constable Rolfe disengaged two safety devices on his holster and left his hand on his Glock firearm as he went from room to room in search of Mr Walker.

 

[Trooper]

Police expert tells murder trial Zachary Rolfe failed to follow safety training before fatal shooting of Kumanjayi Walker (msn.com)


Acting Superintendent Barram said the officers should not have gone into the house in the first place, but given they did, they should have reduced any risks to the young boy before proceeding.

"If they'd suspected that Mr Walker was in there, or Mr Walker was in there and that they might have to use their firearm — bullets can go through walls, doors, et cetera," he said.

"You've got to be aware of your background.

"So, if [a police safety plan] had been followed properly, that child should have been evacuated."


(Well.. . 'that child.'... very firm and precise testimony from the Superintendent ( Acting ) ... )

 

[Trooper]

This is strong testimony ,, from a highly ranked police officer, with direct experience and knowledge of Rolfe's capacity to learn , to follow instructions, to absorb direction and act accordingly...

After this, I am beginning to think that Rolfe has to take the stand in his own defence. Some how , he has to erase this testimony, and plant some indisputable positives for himself.

Because it doesn't look like anyone else in the police force is going to do that for him.

 

[Trooper]

Zachary Rolfe trial: police officer acted against training, court hears | Australia news | The Guardian

The Guardian's report has a few more details... .. . apparently, Rolfe, and Eberl first went to a house where a 10 yr old was..

''He gave evidence that body-worn camera footage of Rolfe and another officer attending a different Yuendumu property known as House 577 shortly before the shooting, showed Rolfe had unclipped two firearm retention devices on his holster.

Barram told the court this was inconsistent with NT police training, as officers are only supposed to remove these devices when they plan to draw their weapon, and there was no indication that was necessary.

“He’d been told there was no one there other than a boy that looks about 10 years old,” Barram told the court.

“I don’t think it was appropriate that he would have the firearm out. Clearly he didn’t either, because he didn’t take it out.”



Zachary Rolfe trial: Kumanjayi Walker continued to struggle after being shot, court hears
Read more
Rolfe and the other officer present also failed to remove the child from the house prior to searching it for Walker, Barram said, which he believed was also inconsistent with police training.

Barram added that they may not have even needed to search the house given they had already been given information about where Walker could be.

 

[Trooper]

The court has heard that Rolfe and his colleagues were told at House 577 that Walker might be at another property, House 511. Rolfe’s colleague, constable Adam Eberl, previously gave evidence that after receiving this information, the officers travelled to House 511, but no plan was made between them about what to do if they found Walker, or if he was armed.

Barram said there was no reason why a plan regarding the visit to House 511 could not have been made by the officers, as is reinforced in their training.

“There was no urgency for them to go into that house at all,” he said.

“They had all the time in the world to discuss, plan, make some decisions about what would happen, utilise their … training, about if he is in there, what do we do.”

He said making a plan would have allowed the officers time to consider “if/then thinking”, a principle of their training which reinforces the need for police to workshop how they may react if an offender behaves in a certain way.

The purpose of this, Barram told the court, was “so that you can turn an unplanned incident into a planned response and allow that critical thinking … rather than going into a situation and letting it dictate to you”.

Once Rolfe and his colleague, then-constable Adam Eberl, entered House 511 and saw Walker walking towards them with a hand in his pocket, the officers again acted against their training, Barram said in court.

Barram said the officers should have stayed at the door to the property, giving them the ability to back outside and maintain space from Walker, and they should have asked him to show them his hands.

“If you’ve got someone that you even suspect may be armed, first thing you’re going to want to do is see their hands,” Barram told the court.

“So I don’t know why they persisted with going in … why would you put yourself in such close proximity to him?

“There’s no … distance between them. Limited time to be able to react. Completely goes against our training.”
Soon after giving this evidence, Barram added: “They’ve put themselves in close proximity to someone that they suspect was armed.”

David Edwardson QC, for Rolfe, interjected: “Sorry, where’s the evidence of that?” To which Justice John Burns responded: “You can ask him that in due course”.

Prosecutor Philip Strickland SC has told the court that the context to the alleged murder, including Rolfe’s training and any plans before attending House 511, must be considered alongside the shooting itself.

But Edwardson has said Rolfe was acting within his training when he fired the shots, as he feared Walker continued to pose a threat to himself and Eberl.

Barram will continue his evidence on Tuesday.

 

[Trooper]

Barram is painting a picture that is not in any sense advantageous to Rolfe. . Indeed, it's rather damning. Not adhering to training, not following orders, in fact , acting in direct contradiction of orders and instructions given, acting in haste, acting without plan, acting as a solo agent, and so on.......

Does this make him a murderer?.. it may well do.

 

[JerseyGirl]

'They shouldn't have gone in': Police trainer says Zachary Rolfe failed to follow safety procedures before fatal shooting

 

[Trooper]

NT cop's fatal shot not necessary: expert | The Murray Valley Standard | Murray Bridge, SA

Expert witness Det Sen Sgt Barram reviewed Rolfe's body-worn camera video and says the constable's second and third shots were not reasonable or necessary.

Rolfe fired them after Mr Walker had fallen to the ground with another officer, Sergeant Adam Eberl, who was then a constable, on top of him.

"Things had changed substantially from when the first shot was fired," Det Sen Sgt Barram told the Northern Territory Supreme Court on Tuesday.

 

[Trooper]

NT cop's fatal shot not necessary: expert | The Murray Valley Standard | Murray Bridge, SA


"They had gone from standing in a fairly equal fight ... to Mr Walker being shot in the back, which would affect a person in some way, and being pinned on the ground with his right arm under him.

"His ability to deploy that knife (sic) being limited by his lack of mobility."

The former officer-in-charge of the NT Police operational safety section said Rolfe's first shot was justified "because he was confronted at close range with an edged weapon and actually stabbed with it in the shoulder".

"It would have been reasonable to believe his partner was also in danger at that point."