A reserve juror has been called in to the murder trial of Northern Territory police officer Zachary Rolfe after an original jury member was discharged.
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.
The trial in the Northern Territory Supreme Court is in the second week of evidence about the fatal shooting of 19-year-old Kumanjayi Walker in Yuendumu in November 2019.
Constable Rolfe has also pleaded not guilty to murder, as well to the alternative charges of manslaughter and engaging in a violent acting causing death.
On Tuesday morning Justice John Burns told the court that one member of the original jury selected last week would be discharged, but did not give a reason.
"A matter was brought to my attention relating to an individual juror that needed to be dealt with — it has now been dealt with," Justice Burns said.
He said the trial would continue with one of the two reserve jurors — empanelled as part of COVID-19 contingency planning — taking the discharged juror's place.
"On that basis, the trial will proceed."
First Immediate Response Team member gives evidence
On Tuesday, evidence was given for the first time by a fellow member of Constable Rolfe's Alice Springs-based Immediate Response Team (IRT).
The court has previously been told the IRT was sent to Yuendumu on the day of the shooting, Saturday November 9, to help local officers including with the arrest of Mr Walker.
IRT member Constable James Kirstenfeldt, who arrived at the Yuendumu police station with Constable Rolfe around 6.30pm, today told the court he was aware that local nurses had evacuated the community earlier in the day.
He said Yuendumu officer-in-charge Sergeant Julie Frost told the IRT health staff had complained about repeated break-ins and that she believed Mr Walker was a ringleader for the young people allegedly involved.
Constable Kirstenfeldt said he and Constable Rolfe were "trying to get information out of [Sergeant Frost]" about where they might find Mr Walker.
Constable Kirstenfeldt said he did not recall seeing an email sent by Sergeant Frost to IRT members prior to their arrival in Yuendumu about a plan to arrest Mr Walker at 5am the next day.
Some previous police witnesses have told the court the early morning arrest plan was designed, in part, to minimise the risk of potential violence.
Constable Kirstenfeldt said he believed an early morning arrest was "suggested" by Sergeant Frost but also said Sergeant Frost had advised the officers that, if they did come across Mr Walker, they should "grab him".
The shooting happened around 15 minutes later, when Kumanjayi Walker stabbed Constable Rolfe in the shoulder as officers tried to arrest him in a nearby home.
Prosecutors are arguing the second and third shots fired by Constable Rolfe were not legally justified, while the defence says Constable Rolfe was acting in self-defence and in line with his training and in the reasonable performance of his duties.
Mr Walker 'quite, shy', local Aboriginal officer says
On Tuesday, the judge and jury also heard from the Yuendumu-based Aboriginal Community Police Officer Derek Williams, who was also Mr Walker's uncle.
He told the court he was at the funeral ceremony continuing in the community that evening when he heard about shots being fired.
He said he and his father drove to the home where Mr Walker had been shot and looked around before going to the police station, where the IRT members had taken Mr Walker to continue giving first aid.
ACPO Williams told the court he then went outside the station to try to "calm down" agitated community members.
"Because people was yelling and screaming, wanted to throw rocks at the station," he said.
Under questioning from the prosecution, he described Mr Walker as a "quite shy young fella" who "never talks much".
He agreed with the prosecution that the teenager was "a bit slow" and confirmed his mother had sniffed petrol while she was pregnant with Mr Walker.
He said he had previously arrested Mr Walker about four times without issue and that the axe incident was "wasn't like him".
More Yuendumu community members are expected to give evidence when the trial continues tomorrow.
