Lawyers for the Northern Territory Police Force have told the coroner investigating the police shooting of Kumanjayi Walker, that Constable Zachary Rolfe will face "consequences" for penning a 2,500-word statement late last week.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died, used with the permission of the family.
Barrister for the Police Force, Dr Ian Freckelton KC, told the inquest the officer's lawyers had been served a "notice" on his behalf in relation to the statement, which required Constable Rolfe to give a response to within seven days.
He said some allegations made by Constable Rolfe were "nothing short of disgraceful and despicable".
"There are grave concerns that… [Constable Rolfe] appears to think he can write or say anything, no matter how hurtful, in pursuit of some kind of campaign of denigration and destabilisation," Dr Ian Freckelton KC said.
"There are a number of consequences which could follow, I'm not going to pre-empt what those could be."
The inquest into the shooting death of Kumanjayi Walker resumed on Monday for two additional weeks of evidence, before Northern Territory Coroner Elisabeth Armitage, who has presided over the entire inquest to date.
Constable Rolfe was last year acquitted of murder, manslaughter and engaging in a violent act causing death, after a jury last year found he acted in self-defence when he shot Mr Walker, after being stabbed in the shoulder with a pair of scissors.
In a statement published on Thursday last week, Constable Rolfe apologised for the use of racist language in text messages between him and other officers which have previously been read at the inquest, but said he had no intention to harm and that the messages had been selected out of thousands.
He also said he had been “painted” as racist.
In the statement, tendered to the inquest, Constable Rolfe also made a series of allegations about the handling of the police and coronial investigation into him, as well as about Mr Walker.
Barrister for members of Mr Walker's family, Andrew Boe, told the coroner that comments made by Constable Rolfe and later, several media outlets, about the 19-year-old were "deplorable" and "hurtful to the family".
The media outlets are not parties to the coronial inquest and have not yet been given a chance to respond to the comments in court.
Rolfe on 'good behaviour' at police force
Dr Freckelton KC told the coroner Constable Rolfe had previously been issued notices and directions from the NT Police Force after taking part in media interviews around the time of his trial last year.
He said since June 2022 the officer had been under a 12-month good behaviour agreement at work, after making "improper and unprofessional comments."
Dr Freckelton KC told the inquest Constable Rolfe had been formally directed to comply with the Police Force's media and social media policies.
"Constable Rolfe could not have been under any illusion as to what his obligations were at the time he saw fit to pen the publication," Dr Freckelton KC said.
"The NT Police Force is extremely concerned about the conduct of Mr Rolfe and it has taken action already… As of Sunday, Mr Rolfe's solicitor was served with a notice under section 79 [of the Police Administration Act] requiring him to give a response in relation to his conduct within seven days."
Dr Freckelton KC told the court the police force would take "swift" action, if appropriate, depending on Constable Rolfe's response.
"In those circumstances, a robust consequence will follow," Dr Freckelton KC said.
Constable Rolfe's lawyer, Luke Officer, told the court he would need time to consider his client's position and to seek instructions, and would respond to the submissions at a later date.
Counsel assisting 'reassures' the court
Counsel Assisting the Coroner, Dr Peggy Dwyer, told the court she wanted to "correct misinformation" she said had been published in Constable Rolfe's statement, reminding the court that the transcript for the inquest was available online and the entire brief of evidence would ultimately be published.
Sections of the inquiry, including parts of the coroner's trip to Yuendumu last year and evidence which is subject to suppression orders, have not yet been published on the inquest website.
Constable Rolfe wrote in his statement that the focus of the coronial inquest was on him, as opposed to "areas that could improve the circumstances of the NT".
Dr Dwyer said much of the evidence before the coroner was "broader than Constable Rolfe" and was "specifically directed to areas that are aimed at improving the circumstances of the NT and to reduce the likelihood of this terrible tragedy occurring again".
In his statement, Constable Rolfe said he was "painted as a racist, violent cop" when "a tiny snippet" of his messages were published.
Dr Dwyer offered to publish all 8000 pages of messages downloaded from Constable Rolfe's phone, if he felt the ones which had been published were cherry picked or taken out of context.
"In fairness to him, we made an effort to only put forward text messages that appear relevant," Dr Dwyer said.
"We have clearly been at pains not to include any messages that are clearly irrelevant or might be embarrassing, but if he thinks it more appropriate, all of that can go in."
The court also heard an opinion piece published in a newspaper over the weekend referenced comments made by members of the Yuendumu community about cultural payback and spearing during a meeting with the coroner.
Dr Dwyer alleged comments in court about the matter had been "taken out of context".
"There is no suggestion in this court that spearing would be condoned," Dr Dwyer said.
Deputy Police Commissioner takes stand
Deputy Police Commissioner Murray Smalpage was called, briefly, to give evidence to the inquest before technical issues with the livestream of proceedings forced the coroner to adjourn the day early.
Deputy Commissioner Smalpage gave his condolences to the Yuendumu community and apologised for a series of failings by the police force in the wake of Mr Walker's death.
He acknowledged the "ruse" used by police on the night of the shooting, by sending an ambulance to the airstrip, implying Mr Walker had been flown to medical treatment.
He also apologised to a nurse who was injured during the event, when rocks were thrown at the ambulance by members of the community.
Deputy Commissioner Smalpage apologised for the insensitive manner in which Mr Walker's family were informed of his death, referring to evidence the coroner heard last year that police did not use Mr Walker's correct name and asked an inappropriate person to formally identify his body.
"The NT Police Force acknowledges the tragedy of Kumanjayi's death, both alone and in the context of a great unjust history, that includes events such as the Coniston massacre," Deputy Commissioner Smalpage said.
"The NT Police Force has taken active steps, and will continue to do so, recognising there is much yet to do to rebuild trust between the NT police force and community."
Deputy Commissioner Smalpage will continue giving evidence on Tuesday.
