https://www.ntnews.com.au/truecrime...t/news-story/fb3e8749ac9ba356c60dc2e9157ae72b
Zach Rolfe ‘assaulted’ Aboriginal man, ‘lied’ about it under oath: Court
Zach Rolfe ‘deliberately assaulted’ an Aboriginal man while on duty and later ‘lied’ about it under oath, a court has heard.
ZACH Rolfe “deliberately assaulted” an Aboriginal man while on duty and later “lied” about it under oath, evidence not put before his Supreme Court jury and previously suppressed from publication reveals.
The NT Police officer was acquitted on all charges over the shooting death of 19-year-old Yuendumu man, Kumanjayi Walker, in 2019 by a jury of his peers last week.
Prior to the trial, Crown prosecutor, Philip Strickland SC, had argued that the findings of Alice Spring Local Court judge, Greg Borchers, should be put before the jury but the application was denied.
As a result, the findings were suppressed from publication, but following an application by members of the media, including the NT News, Justice John Burns lifted that order on Friday.
In arguing for the evidence to remain secret, Constable Rolfe’s barrister, David Edwardson QC, said the allegations had never been substantiated and “no finding has been made against Mr Rolfe in respect of those issues”.
“There was no further disciplinary action, or action in any event, taken as against him, so they’re no more than an argument that was advanced by the prosecution, unsuccessfully, as to conduct imputed against Mr Rolfe which has never been substantiated,” he said.
“Of course, if somebody made those allegations against Mr Rolfe outside of court, it would be plainly defamatory and he would be protected by the appropriate response, in other words, he’d sue for defamation.”
But in supporting the media’s application, Mr Strickland said Mr Borchers had in fact made findings against Constable Rolfe, including that he assaulted Malcolm Ryder and lied about it under oath.
“Of course, the decision by Judge Borchers, which is part of the material where a suppression order is sought, did in fact make a finding in relation to the subject matter of the suppression order,” he said.
“The finding was that the accused had deliberately assaulted Mr Ryder, the finding was that the accused lied in his evidence in relation to that matter, so there has been a finding by a court in Darwin on the subject matter of the suppression orders.”
In revoking the non-publication orders, Justice Burns said any possible damage to Constable Rolfe’s reputation had to be measured against the importance of the principle of open justice.
“In my view, it is in the public interest that decisions made by the court surrounding the evidence which the Crown sought to lead at trial and which was rejected be subject to open scrutiny, this is particularly so in a case where there are post-trial claims made of interference in the charging proc
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ZACH Rolfe “deliberately assaulted” an Aboriginal man while on duty and later “lied” about it under oath, evidence not put before his Supreme Court jury and previously suppressed from publication reveals.
The NT Police officer was acquitted on all charges over the shooting death of 19-year-old Yuendumu man, Kumanjayi Walker, in 2019 by a jury of his peers last week.
Prior to the trial, Crown prosecutor, Philip Strickland SC, had argued that the findings of Alice Spring Local Court judge, Greg Borchers, should be put before the jury but the application was denied.
As a result, the findings were suppressed from publication, but following an application by members of the media, including the NT News, Justice John Burns lifted that order on Friday.
In arguing for the evidence to remain secret, Constable Rolfe’s barrister, David Edwardson QC, said the allegations had never been substantiated and “no finding has been made against Mr Rolfe in respect of those issues”.
“There was no further disciplinary action, or action in any event, taken as against him, so they’re no more than an argument that was advanced by the prosecution, unsuccessfully, as to conduct imputed against Mr Rolfe which has never been substantiated,” he said.
“Of course, if somebody made those allegations against Mr Rolfe outside of court, it would be plainly defamatory and he would be protected by the appropriate response, in other words, he’d sue for defamation.”
But in supporting the media’s application, Mr Strickland said Mr Borchers had in fact made findings against Constable Rolfe, including that he assaulted Malcolm Ryder and lied about it under oath.
“Of course, the decision by Judge Borchers, which is part of the material where a suppression order is sought, did in fact make a finding in relation to the subject matter of the suppression order,” he said.
“The finding was that the accused had deliberately assaulted Mr Ryder, the finding was that the accused lied in his evidence in relation to that matter, so there has been a finding by a court in Darwin on the subject matter of the suppression orders.”
In revoking the non-publication orders, Justice Burns said any possible damage to Constable Rolfe’s reputation had to be measured against the importance of the principle of open justice.
“Whichever way one looks at the matter, while there may be some embarrassment, and potentially some damage to the reputation of Mr Rolfe, if that material which is subject to the suppression orders is published, that is of lesser importance, in my view, than ensuring that the public has the means of scrutinising the decisions which have been made by this court,” he said.
