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

  • #341
( I don't know, as yet, as to how many of these points will be able to be examined, or which ones will be stopped by Rolfe.. )


Preliminary hearings in the lead up to the marathon inquest revealed the coroner aimed to answer a list of more than fifty questions throughout the inquest, including:

  • What happened at house 511 Yuendumu on 9/11/19?
  • Was it appropriate for the IRT to be deployed to Yuendumu? If so, was it appropriate that they carry military style weapons?
  • Has there been a "militarisation" of the Northern Territory Police Force?
  • Is the training of Northern Territory police adequate or should it be improved?
  • Is there any evidence of systemic racism or cultural bias in the Northern Territory Police Force (or some sections of it)?
  • Is there evidence that Constable Rolfe used drugs that impacted on his conduct on 9/11/19?
 
  • #342

I was not sure at who's direction the Inquest was re located back to the Alice, but now we know it was at the family's request, due to the possibility of unrest and disturbance if it was held at Yuenmendu.
 
  • #343
  • #344

and this is where you can watch it, live, from the Alice, Northern Territory, which runs on South Australian time...
 
  • #345

this is a twitter site, from a bloke who is at the courtroom, registered with the court to relay the proceedings on behalf of the NT. There are other sites , but this one seems to be getting it down word for word.
 
  • #346
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  • #348


The 19-year-old was fatally shot by Constable Rolfe during an arrest attempt in 2019.

Constable Rolfe was later charged with his murder and earlier this year was found not guilty of all charges over his death.

A three-month inquest is underway in Alice Springs and on Monday, the coroner heard Mr Rolfe's legal team intends to challenge several of the inquest's lines of inquiry, including questions relating to use of force in the Northern Territory police.


......
Dr Dwyer said the report was written by Senior Sergeant Andrew Barram, and reviewed 46 instances where Constable Rolfe used force.

Dr Dwyer told the court Senior Sergeant Barram found "five incidents where, in his opinion, the force used 'was not reasonable, necessary or proportionate, or appropriate'".

And that in Senior Sergeant Barrams' view, "Constable Rolfe demonstrated a tendency to rush into situations with a disregard for his or other's safety and a disregard for Northern Territory police training practice and procedure".
 
  • #349



Today's proceedings... Wednesday 7/9/22
 
  • #350
 
  • #351



'''''Fernandez-Brown said family and friends believed Walker was being airlifted to receive medical treatment in Alice Springs for his injuries but only later found out his body had remained in the Yuendumu police station.

“That is what all of us were holding onto … I was devastated. I felt sick that he was never on the plane,” she said.

The court heard an aircraft had taken off with the attending paramedics and police officers over concerns about safety after a local nurse was reported to have been hit with a rock and a fire had broken out at the health clinic during the night of Walker’s death...........
 
  • #352
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  • #354
I restrained myself from posting the transcript of the coroners inquiry, as it had swear words that constantly got the stuff deleted, yet, without those words, the method and meaning of police personnel in the NT became skewed and inaccurate. All the transcripts can be viewed on the court website, verbatim, no editing.

This article will, I hope, serve to maintain an interest in a matter that has an importance in Australian jurisprudence that may not be significant now, but, I do believe, will be, down the track a bit.

This turn up for the books, that Rolfe has to front up to a coronial enquiry is already a first, in this context.


Constable Zachary Rolfe will be forced to front the coronial inquest into the death of Kumanjayi Walker, after the Supreme Court threw out his attempt to avoid a series of questions about the 2019 police shooting.
 
  • #355
Constable Rolfe and his colleague Sergeant Lee Bauwens last month launched a complicated Supreme Court judicial review of a decision made by Coroner Armitage, arguing police officers shouldn't be compelled to answer questions that could result in disciplinary action within the force.

Justice Judith Kelly, who presided over two-days of legal argument about the statutory construction of the Coroner's Act, ruled their claim could lead to "an absurd result".

"The one construction I consider to be untenable is the one advocated by the plaintiffs
. One cannot discern a legislative intention to partly abrogate the important and fundamental privilege and to leave intact the less important, but related penalty privilege," Justice Kelly wrote.


 
  • #356

Northern Territory coroner Elisabeth Armitage has been presiding over an extensive coronial inquest investigating the shooting, which heard three months of evidence last year and will resume in Alice Springs for two weeks later this month.

Constable Rolfe was expected to give evidence during those sittings, but Supreme Court appeal proceedings mean he will not be called to the witness box this month.

The officer has launched an appeal of a Supreme Court decision which compels him to answer questions about 14 different topics, including racist text messages, use-of-force incidents, and the events on the night of the shooting.

(Rolfe is holding a large pack of cards, but like all packs of cards, eventually, you have to lay some down to stay in the game. This is a very drawn out legal sport of canasta, it could go on for yonks. The upside to this is, Rolfe is not allowed to apply for any position in any police force in AU for 10 years. Of course he could apply to join the Russian police, or the Dem Rep of Congo police, but he is no where near tough enough for those outlaws. )
 
  • #357

The alternative view of these proceedings as per Sky news, which gives an indication of the prevailing perspective in the adversarial position to what the folks at Yuendumu claim.. This is about Sgt Casey, a copper with a point of view which he felt should be published, probably a big mistake, considering the situation. Always a bit of a dodgy process to slag off one's superior officers in any police force. Certainly it would have been a matter for instant action of a disciplinary nature to befall the mouthy Sgt. Which is what happened and attracted the attention of the right wing nutters at Sky 'news'.
 
  • #358
In a move that should surprise absolutely no person whatsoever, Rolfe has left the country, no doubt on some mission somewhere that needs his particular skills, some equally lawless place where he can exercise his artificial power. He wrote a 2500 word letter , printed in the Australian ( where else? he gets good press out of Murdoch, for the obvious reasons of white male power promotion ) claiming he should have got a medal for heroism.

I suspect Rolfe has long been agitated by his desire for a 'medal', the army denied it to him, based on his record and behavior, the NT police felt it might be a step too far, really, but another govt .would not find it hard to elevate Rolfe at some later stage, for sure.

'

‘I’d have got a medal’: Rolfe flies out of the country​

Police officer Zachary Rolfe – who fatally shot Indigenous teenager Kumanjayi Walker – has left the country after claiming that in any other jurisdiction he would have ‘got a medal’.'

I would not part with a dud penny to read 'the Australian' , but someone might have a sub. Apparently, true to form, Rolfe feels unappreciated and misunderstood, which, any way you look at it , is still better than being shot to death in your own bedroom. I suspect Rolfe has gone to paddle about in some policing area far from any oversight or supervision. Which is going to be bad luck for someone else , before long. A harsh prediction, but I stick by it.
 
  • #359

Rolfe's apologia and professional whinging about his self created circumstances.

I suspect, without any irony at all, that Rolfe has flitted off overseas to try and join up with some Russian forces, or Ukranian forces, whichever one will allow him to roam free, shooting anything that he finds disagreeable and/or non compliant to his every thought. Perhaps, even in Syria, or the Congo , or that old standby, Angola, where anything goes. He wants a uniform and a gun , and whomsoever issues him with those two requirements has Rolfe at their beck and call.


'Constable Rolfe also said he has been notified by NT Police that it intends to medically retire him.

He said the agency has now "decided that they will attempt to medically retire me due to "mental health"," Constable Rolfe said.

"I was directed to attend an independent medical exam with a psychiatrist; the psych reported that I have no diagnosable issues, he believes I am right to return to work with a supported return to work plan."

He said NT Police "has refused to offer that plan and instead has served me with notice of their intent."

NT Police Association president, Paul McCue, who has supported Constable Rolfe since the shooting, said NT Police had the power to retire officers if it believed they were "not fit to discharge, suited to perform, or capable of efficiently performing" their duties.
Constable Rolfe was expected to be called to give evidence when the inquest resumes, but last year launched legal action in a bid to be excused from answering questions which he argued could lead to disciplinary action.

He is now scheduled to front the inquest in July, pending a supreme court appeal of a decision compelling him to take the stand.

Throughout the coronial inquest, Coroner Elisabeth Armitage heard evidence of text exchanges with other officers uncovered on Constable Rolfe's phone in which Mr Rolfe spoke of "towelling up locals" and other officers referred to "bush c**ns" and "n***as".
 
  • #360

'As the sunset turns the open sky a deep shade of purple, the outback community of Yuendumu is relatively quiet.
The streets are mostly empty, save for a few barefoot kids running to catch up to their friends, who are gathered at the basketball court in the middle of town.

Free-range camp dogs wander the bitumen and red dirt, occasionally running, barking, onto the road to chase cars.........


In the more than three years since Mr Walker died, members of his family and community have travelled hundreds of kilometres to get to courts in Alice Springs and Darwin to watch proceedings.

They watched Constable Rolfe get charged with murder and committed to stand trial, then, last year, they watched as he was acquitted by a Supreme Court jury of murder, manslaughter and engaging in a violent act causing death........


.....
The entire inquest has been live streamed on YouTube and key pieces of evidence translated into Warlpiri, so people in the desert community can watch along.

But the lawyers in court speak too quickly and not all of Mr Walker's family speak Warlpiri or English, so Ms Butcher says a lot of people still rely on word-of-mouth updates about the court case.......


( a really sharp roundup of matters so far by the ABC..)
 

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