The inquest into the 2019 police shooting death of Kumanjayi Walker has heard a use of force expert concluded Constable Zachary Rolfe had a "tendency to rush into situations with a disregard for his or others safety".
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 19-year-old was fatally shot by Constable Rolfe during an arrest attempt in 2019.
Constable Rolfe was later charged with his murder and earlier this year was found not guilty of all charges over his death.
A three-month inquest is underway in Alice Springs and on Monday, the coroner heard Mr Rolfe's legal team intends to challenge several of the inquest's lines of inquiry, including questions relating to use of force in the Northern Territory police.
Continuing her opening remarks on Tuesday, counsel assisting the coroner Peggy Dwyer told the coroner she intends to table a use of force report, commissioned by the Northern Territory police following Mr Walker's death, as evidence.
Dr Dwyer said the report was written by Senior Sergeant Andrew Barram, and reviewed 46 instances where Constable Rolfe used force.
Dr Dwyer told the court Senior Sergeant Barram found "five incidents where, in his opinion, the force used 'was not reasonable, necessary or proportionate, or appropriate'".
And that in Senior Sergeant Barrams' view, "Constable Rolfe demonstrated a tendency to rush into situations with a disregard for his or other's safety and a disregard for Northern Territory police training practice and procedure".
The inquest heard that the five use of force reports identified by Senior Sergeant Barram as being "not reasonable" had been reviewed by supervising officers who signed them off as being appropriate.
She said the inquest would examine if use of force was and is now supervised appropriately by supervising officers.
On Monday, Constable Rolfe’s counsel, David Edwardson QC, said he hoped the inquest would not become an a “royal commission” into his client and his actions.
Mr Walker likely re-traumatised at Don Dale
Dr Dwyer also outlined the "challenges" faced by Mr Walker over the course of his life "not to demonise or shame Kumanjayi, [but] to understand his experiences and what led him to have negative contact with police and courts," she said.
"We are hearing evidence about a young man who was deeply loved," she told the coroner.
The coroner heard that Mr Walker spent time in Don Dale youth detention centre between 2014 and 2016, prior to the Royal Commission into youth detention that was "extremely critical of the treatment of … people like Kumanjayi."
"I expect that we will hear evidence in this inquest that placing Kumanjayi [in Don Dale] — a child who had experienced trauma and needed safe boundaries, love and comfort — was the opposite of therapeutic," she said.
Dr Dwyer said his treatment "by the state" at Don Dale was important for the coroner to understand because it explained both his reluctance to be arrested and why he "did not cope" well when released back into the community.
The coroner also heard that it there was "strong evidence" that Mr Walker had fetal alcohol syndrome disorder (FASD) and that he struggled to access an assessment that his psychologist said could have kept him out of jail.
Mr Walker also experienced hearing difficulties, which the coroner heard "had a significant impact on Kumanjayi's capacity to learn and … on his behaviour".
"I expect your Honour will hear evidence that Kumanjayi's physical and mental health and his behavioural issues are likely to be linked," she said.
Hopeful about process
Outside of court, Mr Walker's cousin Samara Fernandez-Brown said her family was hopeful about what the inquest could achieve.
She said she was glad to be able to informally address the coroner's court on its opening day.
"We haven't been involved in speaking in court in an active way, and so it was a nice feeling to be able to speak in the judicial process, but it was still very emotional," she said.
"It's an exhausting and very emotional process."
Ms Fernandez-Brown praised the coroner's decision to include a Warlpiri cultural lesson at the start of the inquest and to make the inquest more inclusive by facilitating interpreters and a publicly accessible live stream.
"It's definitely something I appreciate and something … I would recommend going forward."
