Sitting on camping chairs in the shade, with the live stream of the coroner's court playing from a speaker, members of Kumanjayi Walker's Yuendumu community gathered on the lawns opposite the Alice Springs Local Court as the coroner resumed her long-running inquiry into his death.
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. It also contains footage some viewers may find confronting.
Between September and December last year, Coroner Elisabeth Armitage uncovered allegations of racism within the police force and explored the level of poverty in Yuendumu, where the Warlpiri-Luritja man was shot by Constable Zachary Rolfe in 2019.
The long-running inquest, and the criminal trial that came beforehand, has consumed the Yuendumu community, Constable Rolfe, the NT Police Force and wider sections of the community for more than three years.
This week, after a three-month adjournment, long days in court examining confronting evidence about the broad circumstances of the fatal police shooting resumed.
Inside the coroner's courtroom, more than 15 lawyers took their assigned seats and at half-past nine — sharp — on Monday morning, Coroner Elisabeth Armitage welcomed everybody back with a kind smile and nod from the bench.
A few minutes later, she adjourned again, as technical issues with the inquest's live stream plagued Counsel Assisting's attempts to keep the evidence moving.
Constable Zachary Rolfe was originally scheduled to give evidence to the coroner this week, but a series of Supreme Court appeals means he is now expected to front the inquest at further hearings in July.
Instead, the much anticipated — and ultimately gruelling — evidence of one of the Northern Territory's most senior police officers revealed to the coroner the cracks in the force and the attempts being made to fix them.
'Consequences' for Rolfe statement
Three days before the inquest resumed, Constable Zachary Rolfe made headlines of his own, with a 2,500-word statement addressing many of the issues he would not be drawn on when called to give evidence last year.
The officer made allegations of "blatant and obvious" bias in the criminal and coronial investigations into the shooting, writing the inquest had focused on him, as opposed to "areas that could improve the circumstances of the NT".
Police Commissioner Jamie Chalker has previously refuted allegations of bias and Counsel Assisting the Coroner Dr Peggy Dwyer told the court much of the inquest evidence was targeted at issues much broader than Constable Rolfe.
Constable Rolfe defended the use of what he called "playground language" in text messages, which, after being tendered to the inquest, were described as "racist" and "appalling".
He maintained the messages were taken out of context and had "nothing to do with the death of Kumanjayi Walker".
"When private texts are made public, they become meaningful because others put their own value in words, and it cannot be controlled," Constable Rolfe wrote.
Constable Rolfe also revealed the Police Force had informed him it would "medically retire" him.
The officer has been on sick leave since the inquest began in September last year but wrote in his statement that he had been cleared by a doctor to return to work.
When court resumed on Monday, the barrister for the NT Police Force Dr Ian Freckelton KC revealed Constable Rolfe had been served a "section 79" — disciplinary notice — in relation to the statement, which he described as a possible attempt to pervert the course of justice.
"There are a number of consequences which could follow, I'm not going to pre-empt what those could be," Dr Freckelton KC told the inquest.
Removal of guns 'off the table'
Deputy Commissioner Murray Smalpage, in his five days on the witness stand, was grilled about the use of lethal weapons by Northern Territory Police officers, particularly in remote communities.
Barrister for the Parumpurru Committee – a group of leaders from Yuendumu – Julian McMahon SC told the coroner many members of the community wanted police to stop carrying guns on the job, citing examples from New Zealand and the United Kingdom where officers do not routinely wear pistols.
But Deputy Commissioner Smalpage told the inquest the Northern Territory Police Force would not consider disarming its frontline officers.
"We're talking very remote parts of Australia with little or no support for hours at times in some instances to get support and help," Deputy Commissioner Smalpage said.
"I think the community expect that the police will be there to assist and the Glock is just a tool that we use and it's a defensive weapon primarily."
Coroner Elisabeth Armitage queried whether police would consider keeping guns in a safe in their cars, as opposed to carrying them at all times, but the deputy commissioner said there was not enough time for officers to retrieve weapons from cars when they were needed.
Mr McMahon SC also suggested the use of police dogs to "attack or injure" humans was an "unacceptable use of force", telling the court the use of dogs in arrests was "overwhelmingly" against Indigenous people.
The deputy commissioner rejected the idea that police dogs were used to attack people.
"They're trained to track. They're trained to hold people, so other members can arrive," Deputy Commissioner Smalpage said.
No 'systemic' racism within force
Allegations of racism within the ranks of the Northern Territory Police Force were levelled before the coroner as her inquiry last year examined a series of text messages found on Constable Rolfe's phone.
Private messages between Constable Rolfe and other officers, including a police sergeant, used words such as "n****rs", "c***ns" and "Neanderthals".
But Deputy Police Commissioner Murray Smalpage maintained while he knew some officers in his ranks used racist language, he said the attitudes were not widespread and the agency did not allow racism.
"I don't believe that we have systemic racism in the Northern Territory Police force, that I am aware of," he said.
Deputy Commissioner Smalpage outlined a series of changes that had been implemented over the past three years in an attempt to forge cultural reform, including the senior executive team meeting personally with each officer above the rank of sergeant to discuss the state of the force.
He also told the coroner the Community Resilience and Engagement Command (CREC) had been established in October 2020.
"It's been fundamental for the Northern Territory Police Force to come up with culturally appropriate solutions," Deputy Commissioner Smalpage said.
"I think it provides a greater engagement opportunity than we previously had because it was not under a single command, it was a bit fragmented. We have a really strong team in there who are shaping the future direction of the Northern Territory Police Force."
Welfare of NT Police officers under scrutiny
Under questioning from barristers for the Northern Territory Police Association and Constable Zachary Rolfe, Deputy Commissioner Smalpage was grilled about efforts to improve the mental wellbeing and welfare of his officers.
The coroner heard a review of officer welfare had revealed "significant gaps" in the mental health care of NT Police officers.
Last year, the NT Police Force saw five suicides of current or serving members.
Deputy Commissioner Smalpage said the review would pave the way for improved services for officers, including the re-introduction of a peer support network.
He acknowledged the shooting of Kumanjayi Walker had impacted not only his community, but the NT Police Force and Constable Rolfe himself.
"No one has walked away from this process without some psychological damage," Deputy Commissioner Smalpage said.
"It's been a very difficult incident and challenging for the Northern Territory Police Force as a whole."
When asked by Constable Rolfe's lawyer why none of the senior executive team had reached out to his client for a welfare check, the Deputy Commissioner said it would have been inappropriate and ran the risk of creating a "conflict of interest".
"It's not done to spite someone or deliberately harm them," he said.
"I'm sure it's been very distressing for [Constable Rolfe]."
Apology and condolences to Yuendumu
At the outset of his extensive evidence, Deputy Commissioner Smalpage offered condolences and apologies on behalf of the NT Police Force to members of Kumanjayi Walker's family and community.
He acknowledged the 19-year-old should not have been "dragged" from House 511 to the police car following the shooting and apologised for the way in which Mr Walker's family were informed of his death, the morning after it had happened.
The deputy commissioner also apologised for a "ruse" that saw an ambulance sent to the airstrip on the night of the shooting, implying Kumanjayi Walker was being taken to hospital after he had already passed away inside the police station.
He told the court Mr Walker's family should have been told of his death earlier, but stood by the decision made on the night not to allow anyone into the police station as officers attempted to save his life, describing the scene as "highly graphic" and "distressing".
The inquest will continue on Monday.
