A "social gathering" at Zachary Rolfe's house two days after the fatal shooting of Kumanjayi Walker was "wholly inappropriate" and had the "potential to contaminate" Constable Rolfe's evidence, the coroner has heard.
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.
NT Police Assistant Commissioner Travis Wurst was the first witness to be called in the fourth week of the inquest into the death of Kumanjayi Walker.
The 19-year-old died in November 2019 after he was shot three times by Constable Zachary Rolfe in the remote Northern Territory community of Yuendumu, 300 kilometres from Alice Springs.
In March this year, Constable Rolfe was unanimously found not guilty of any offence in relation to the death.
Assistant Commissioner Wurst, who approved the deployment of Constable Rolfe and his specialist team of police to Yuendumu, was on Monday asked by Counsel Assisting the Coroner, Peggy Dwyer, about a gathering "which included members of Constable Rolfe's patrol group, police friends, and fellow IRT [Immediate Response Team] members who had been at Yuendumu" days after the shooting.
"On the Monday evening, after the Saturday night when Kumanjayi was shot, a social gathering occurred at Constable Rolfe's residence," Dr Dwyer said.
"A statement had been taken from some members of the IRT, but not from Constable Rolfe. And in that context, a social gathering … was wholly inappropriate, wasn't it?"
Assistant Commissioner Wurst agreed the gathering also "had the potential to contaminate the version of events that Constable Rolfe eventually gave" at trial and was in contravention to police general orders, which dictate police officers involved in an investigation be separated.
"To this day, we don't know the extent to which that [gathering] contaminated his evidence, do you agree?" asked Dr Dwyer.
"I'm not sure, but it's a fair assumption to make," Assistant Commissioner Wurst said.
The coroner heard it was unclear whether any of the officers involved were disciplined or spoken to about the gathering.
Constable Rolfe's barrister, Frank Merenda, referred to the gathering as "the Rolfe barbecue" and suggested any potential contamination would be limited as the shooting was captured on body worn camera footage.
Dr Dwyer also read a text message sent to Constable Rolfe from an unnamed officer the day after the shooting, following a press conference held by Assistant Police Commissioner Michael White.
"Do you agree that it is extremely concerning that another officer is texting Constable Rolfe with what appears to be suggestions as to how evidence should be given about what that occurred in that house?" asked Dr Dwyer.
"Absolutely," Assistant Commissioner Wurst said.
'Racist' texts could 'dehumanise' Indigenous people
Assistant Commissioner Wurst was read a series of text messages exchanged between Constable Rolfe and several colleagues, which have previously been described as "abhorrent" and "patently racist".
The Assistant Commissioner told the coroner he had heard police using racist language in Alice Springs before, but insisted the attitude wasn't "widespread".
"As a police officer in Alice Springs, you're dealing reactionary to alcohol-fuelled incidents within the community on a daily basis, ongoing," Assistant Commissioner Wurst said.
"It wasn't until I went to a remote community that I was able to deal with Indigenous people in their community, in a time when they weren't at their lowest ebb, that I had the opportunity to get that broader cultural appreciation," he said.
Assistant Commissioner Wurst told the coroner using racist language was "indicative of someone's personal biases" and had "the ability to influence your ability to do your job".
Dr Dwyer: "Do you think that the use of racist language can lead to de-humanising people who you might have to interact with?"
Assistant Commissioner Wurst: "Of course."
Dr Dwyer: "And that could lead to decisions being made about the use of force that are inappropriate?"
Assistant Commissioner Wurst: "Potentially."
The Assistant Commissioner told the court it was "extremely disappointing" to hear an unnamed police Sergeant had been involved in racist text exchanges.
"[A sergeant] is responsible for shaping and developing the minds of all our young police officers. They are supervisors. They are leaders. They are mentors," Assistant Commissioner Wurst said.
Response team deployed but 'not as IRT'
Coroner Elisabeth Armitage heard Assistant Commissioner Wurst was involved in the decision to deploy the IRT to Yuendumu on November 9 2019, hours before Kumanjayi Walker was shot.
Assistant Commissioner Wurst said he approved the specialist team of police, but "in [his] mind" as general support for local officers.
"What I was approving was members of the IRT, who were all general duties' members, to attend and assist at Yuendumu," Assistant Commissioner Wurst said.
"In my mind, I wasn't deploying the IRT for an IRT function."
"My understanding was they were going out to provide that community-based support in relation to that criminal activity around the health staff premises."
The coroner has previously heard health staff were evacuated from the community earlier on the day Mr Walker was shot, after a series of break ins at nurses' homes.
Assistant Commissioner Wurst said it would have been "confronting" for community members to see police carrying AR-15 weapons and that it was "not appropriate", but said he did not have any discussions with other senior officers about the type of weapons the IRT would take with them.
The coroner has previously seen an "IRT call out" email from Acting Sergeant Shane McCormack which specified the IRT would carry "bean bag shot guns" and "AR-15s".
"I wasn't provided any information … that provided me with anything other than the need for additional frontline staff," Assistant Commissioner Wurst said.
"If additional information was provided, then it may have justified a specific deployment, but that wasn't the request that was put to me."
The coronial inquest is scheduled to run for three months in Alice Springs.
