The Northern Territory Police Force faces a "long-term cultural fix" in the wake of revelations at a coronial inquest about the alleged use of racist language among officers, while allegations that excessive use-of-force was swept under the rug indicates "corruption", according to a former assistant police commissioner.
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.
Now-retired Assistant Commissioner Nick Anticich, who was initially brought to the NT force to assess its disciplinary processes, told the coronial inquest into the death of Kumanjayi Walker that officers involved in racist text exchanges "have to go".
"Those text messages … that we saw were abhorrent. And it offends me as a police officer to think officers of my profession are involved in such conduct," he said.
"Those people have to go. We cannot have them representing the community in a police force that's here to protect the community."
The coroner has previously heard a series of text messages downloaded from Constable Zachary Rolfe's phone, after he was charged with the murder of Kumanjayi Walker, included exchanges between Alice Springs-based police and sergeants which used racist, sexist, and homophobic language.
Constable Zachary Rolfe, who shot Mr Walker during an attempted arrest in 2019, has been found not guilty of any criminal offence related to the shooting.
Barrister for the North Australian Aboriginal Justice Agency (NAAJA), Philip Boulten, suggested during Mr Anticich's evidence at the inquest that complaints of excessive use-of-force against some police officers in Alice Springs were regarded as "woke-ism" by supervising officers and led to the officers being exonerated.
Assistant Commissioner Anticich told the inquest it "shouldn't have happened."
"It's an abject failure and it's corrupt. It's wrong," he said.
Assistant Commissioner Anticich also took aim at the Northern Territory Police Association's protection of officers accused of misconduct, telling the coroner "the thought of the NTPA fighting" against disciplinary action made it "much easier" to let things go.
Constable Rolfe allegedly 'engaging in inappropriate behaviours'
Now-retired former lead coronial investigator, Scott Pollock, told the inquest his investigations led him to believe there were "serious issues" in Alice Springs when it came to discipline of police.
A portion of his report, read to the court, said: "By 9 November 2019 [the day Kumanjayi Walker was shot] the policing culture in Alice Springs had degenerated into a state where unacceptable police behaviour was allegedly being condoned by supervisors and senior police management."
Barrister for the Yuendumu Parumpurru Committee, Conor O'Bryan suggested to Mr Pollock it was "an institutional failure" that Constable Rolfe's use-of-force reports and text messages revealed at the inquest were not identified.
"I would suggest to you that each of these matters is a clear warning sign that Constable Rolfe was engaging in inappropriate behaviours and not fit to be a police officer in the Northern Territory Police Force?" Mr O'Bryan said.
"An absolute red flag," Mr Pollock said.
"And I would suggest to you that it is an institutional failure of the Northern Territory Police Force to have not identified those red flags earlier?"
"It's very disappointing, yes," Mr Pollock said.
The coroner has previously heard none of the 46 use-of-force incidents involving Constable Rolfe were found to be excessive force.
'Tension' between tandem coronial and criminal investigations
Coroner Elisabeth Armitage heard from several witnesses that concurrent criminal and coronial investigations into the police shooting led, at times, to friction between the investigative teams.
Assistant Commissioner Anticich told the inquest he ordered the coronial investigation be suspended for two or three days, as the criminal prosecution of Constable Zachary Rolfe progressed.
"As a consequence of my concerns regarding the coronial matters traversing evidence that was yet to go to trial, I did for a period order that the coronial investigation be suspended," he said.
"I took steps so that we didn't pervert the course of justice, we didn't undermine a criminal prosecution."
The coroner heard "concerns" were raised by coronial investigators about the potential of NT Police use-of-force expert Sergeant Andrew Barram's opinion being based on "potentially outdated" material.
"It's unusual to have a coronial investigation running concurrent with a criminal investigation … my issue was always that it could be gathered, and it could be presented to the coroner. But it should not be done while a criminal investigation is extant," Mr Anticich said.
Assistant Commissioner Anticich told the inquest the potential issue, and all police correspondence related to it, was ultimately dealt with and disclosed before Constable Rolfe faced trial in early 2022.
He also told the coroner the NT Police Force struggled to find an external use-of-force expert to provide an opinion on the police shooting because "no police force wanted to … give expert evidence testifying in relation to another police officer discharging a firearm and killing someone in the course of their duty".
Mr Pollock told the inquest, under cross examination, he was critical of some aspects of the police investigation.
Mr Boulten: You are very blunt in the expression of opinion, that you haven't encountered an investigation as biased as this one?
Mr Pollock: Yes.
My Boulten: By that, you mean biased in favour of … the accused?
Mr Pollock: Not in favour.
Mr Boulten: You mean against?
Mr Pollock: Yes.
Mr Pollock was later asked to elaborate on his perception of bias by Constable Rolfe's barrister, Frank Merenda.
"The early arrest of Mr Rolfe basically set the clock running in terms of a file having to be submitted to the defence," Mr Pollock said.
"[Expert witnesses] were given information, but not all information. And some of that information that they hadn't been given, was critically important, in my view, to the assessment of whether Constable Rolfe's deadly use of force was appropriate or inappropriate," he said.
Mr Pollock told the coroner he was not critical of the opinion of Sergeant Barram, only the material he had been provided and referenced in his expert report.
"If the issues that were raised were legitimate, in that they could have impacted the prosecution case, or … assisted the defence … if they were, I guess the word 'buried', until after the trial, that may well have an even worse repercussions post trial, and may have caused a retrial," Mr Pollock said.
The retired officer said he left the role prior to the coronial investigation being completed and that his draft reports were eventually provided to both prosecutors and Constable Rolfe's defence team before the criminal trial.
The inquest will continue on Friday.
