Northern Territory police officer Zachary Rolfe has appeared for the first time at the coronial inquest into the death of Kumanjayi Walker, where he claimed he has a legal right not to answer questions about several matters, including "arguably racist" text messages and use of force incidents.
WARNING: This article contains offensive language heard in court and the image of an Aboriginal person who has died, with the permission of their family.
Coroner Elisabeth Armitage is presiding over a months-long inquest into the death of Mr Walker, who was shot by Constable Rolfe during an arrest attempt in the remote community of Yuendumu, 300 kilometres north-west of Alice Springs.
Earlier this year, a jury in the NT Supreme Court unanimously found the officer not guilty of any offence related to the shooting, which occurred on November 9, 2019.
Shortly after taking the stand at the inquest on Wednesday, counsel assisting the coroner, Peggy Dwyer, asked Constable Rolfe about a text exchange with another officer, in which she said he made a reference to "c**ns".
Asked if the content of the message was "obviously racist", Constable Rolfe replied that he would not be responding directly to the question.
"I wish to exercise my right and claim the penalty privilege on the basis my answers might tend to expose me to a penalty," Constable Rolfe said.
In coronial inquests, the coroner has the power to issue a certificate to witnesses to protect them from incrimination as a result of their evidence.
However, Constable Rolfe has launched a legal bid in the Supreme Court in which he and other officers are expected to argue that such certificates do not cover internal police disciplinary matters.
After repeatedly declining to answer several more questions from Dr Dwyer, she tabled 14 separate topics to which Constable Rolfe had asserted his right to "penalty privilege".
These included:
- Text messages that are "arguably racist, sexist or homophobic"
- Text messages relating to the "recording and dissemination" of body-worn video
- Text messages relating to "drugs, illicit or prescription"
- "Suggested false information" in his job application to NT Police
- Nine separate "use of force" incidents
- The events of November 9, 2019
The lawyer representing the NT Police Force, Ian Freckelton KC, told the inquest that 10 of the 14 matters had already been "finalised".
Rolfe given 'remedial advice' on matters
In most of those matters, he said police were unable to pursue disciplinary action because a statutory time limit had expired while Constable Rolfe's trial was held in the Supreme Court.
Instead, Dr Freckelton said Constable Rolfe had been issued with "remedial advice", which he described as an "assertive conversation" by a senior police officer.
"It's not a formal disciplinary outcome, but it's intended to provide assistance to them," Dr Freckelton said.
"So something has been identified which is inappropriate in a way that they have conducted themselves and they can be guided to do better."
Dr Freckelton said four other matters — including three relating to the text messages and one to use of force — were yet to be finalised, and could become the subject of a judicial review, should Constable Rolfe seek one.
Dr Freckelton also noted Constable Rolfe had been issued with a formal caution earlier this year for being interviewed by Channel Seven's Spotlight program.
"He was ordered to be of good behaviour for 12 months."
Constable Rolfe's lawyer told the coroner there was a chance the "finalised" matters could be reopened by the NT Police Force as a result of his evidence at the inquest, or after the coroner's findings are handed down.
Following several hours of legal argument, the coroner said she would await the Supreme Court’s determination before deciding how to proceed with Constable Rolfe’s claim of penalty privilege.
She excused the officer from giving further evidence on Wednesday, but advised that he would be required to attend the inquest for further examination at a later date.
Rolfe 'banned from all police stations'
Prior to asserting his right to penalty privilege, Constable Rolfe told the inquest he has been on leave from the force since the start of the inquest in September.
Until then, he said he had been working in a division of police involved in a "digital transformation" project.
"I've been banned from all police stations," he said.
Constable Rolfe was also asked about the value of cultural training he was provided when he first joined NT Police in 2016.
He responded by saying he had not found any specific use for it.
"I haven't come up with so much of a cultural clash as a police officer, I've come up with a behavioural clash, as of amongst humans."
The inquest continues.
