Controversial evidence about the Northern Territory police officer who shot an Indigenous teenager dead during a botched outback arrest is more relevant than ever, an inquest has been told.
Kumanjayi Walker, 19, died after Constable Zachary Rolfe shot him three times while attempting to take him into custody in Yuendumu, northwest of Alice Springs on November 9, 2019.
Const Rolfe has previously objected to eight subjects the coroner plans to explore during the inquest into Mr Walker's death, including evidence about whether he was honest when he applied to join the NT police force, his recreational drug use, and his use of force on the job and disciplinary action taken over it.
During a day of legal argument over the issues on Thursday, counsel assisting Peggy Dwyer urged the coroner to ignore the objections, saying the evidence should be heard because it's likely to be relevant to the inquest's findings and recommendations.
She said the Rolfe legal team's protest was tactical and it had failed to object when some of the evidence was heard in the previous days and cross-examined some witnesses who gave it.
Dr Dwyer said Const Rolfe's attempts to narrow the inquest's scope ignored the purpose and content of NT's Coroner's Act, bolstered after the Royal Commission into Aboriginal Deaths in Custody.
"It ultimately recommended the coronial legislation be strengthened into increase the breadth and depth of coronial investigations in the case of deaths in custody and particular an Aboriginal person in custody," she said.
Const Rolfe has also objected to the inquest hearing evidence about alleged discrimination within the force, including overtly racist and sexist text messages sent and received by him.
Dr Dwyer said the messages should be included because they could assist the coroner to better understand whether Const Rolfe's alleged discriminatory attitudes were linked to his team failing to follow orders given by a female officer about an Indigenous man.
"On the issue of the use of force ... the text messages may be relevant because they reveal dialogue in which Const Rolfe appears to boast about the use of force - 'towelling up the locals'," she said.
Const Rolfe has also objected to the inquest considering whether his evidence at his trial for murdering Mr Walker - which he was acquitted of - was contaminated because he ignored orders after the shooting and met other officers for a barbecue.
Phillip Boulten SC, barrister for the North Australian Aboriginal Justice Agency, said the subjects Const Rolfe had objected to were becoming more relevant with each day of evidence heard.
"The evidence is shaping up to demonstrate that there are real issues to be considered for, amongst other, about things such as racism, over-use of force, the degree to which this is an attitude or attitudes that are shared in the police in Alice Springs and in communities," he said.
"This is not looking like a last desperate gasp to hang hold of the original form of the brief but rather, it is demonstrating how the brief was solid in the first place."
Coroner Elisabeth Armitage reserved her decision. The inquest will resume on October 10.
