The police operation that resulted in the shooting death of Kumanjayi Walker was an "abject failure" that will have a "ripple effect" on the community and the police force for years to come, an inquest has heard.
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.
Mr Walker was shot three times by Constable Zachary Rolfe during an arrest attempt in the remote community of Yuendumu, 300 kilometres north-west of Alice Springs, on November 9, 2019.
Constable Rolfe was charged with murder several days later, and a jury unanimously found him not guilty of any offence following a five-week trial earlier this year.
The circumstances surrounding Mr Walker's death are now the subject of a months-long coronial inquest in Alice Springs.
Today, Acting Superintendent Andrew Barram — who was one of the Crown's expert witnesses in the trial — was questioned by counsel assisting the coroner, Peggy Dwyer, about his opinion of the shooting.
Dr Dwyer: "If the success of an operation is judged on the extent to which force is minimised, then this operation, which involved the arrest and death of Kumanjayi, was an abject failure, wasn't it?
Supt Barram: Yes.
Dr Dwyer: In drawing on your experience, do you agree that that tragedy was not only profound for the family of Kumanjayi, and Kumanjayi himself, but it has a ripple effect for the community and the police force for many years?
Supt Barram: Yes it does.
Following the shooting, Superintendent Barram reviewed 46 use of force incidents involving Constable Rolfe.
He told the inquest that, in his view, five of the incidents involved excessive force.
Another incident, in which Constable Rolfe tipped over a bin that a 14-year-old boy was hiding in was also excessive, he said.
However, Superintendent Barram said he did not review the matter because it was not categorised in the police database as a use of force incident at the time.
He told the inquest he also stood by earlier statements he made about Constable Rolfe, including that in some incidents he does not "endeavour to bring about a peaceful resolution", and instead uses "quite heavy-handed tactics".
"In my opinion, Constable Rolfe also demonstrates a tendency to want to 'get his man', no matter what," he said in the statement.
"And [he] pays little or no regard to the consequences of his actions, which has resulted in quite severe, and totally unnecessary injuries to suspects, in some cases."
Superintendent Barram also reiterated his view that Constable Rolfe's decision to fire the second and third shots at Mr Walker during a struggle with another officer were unwarranted and not in line with his police training.
Constable Rolfe's lawyer says comments by Kumanjayi Walker's family 'ignorant', 'divisive'
Earlier on Friday, Constable Rolfe’s lawyer, Luke Officer, defended his client's decision not to answer questions about racist text messages and use of force incidents, saying it was his legal right and that criticism of it was "inflammatory" and "divisive".
Mr Officer also told the inquest that calls for traditional punishment against his client create the impression that violence is an appropriate response.
On Tuesday this week, Coroner Elisabeth Armitage visited Yuendumu, where community leaders shared their experience and concerns regarding Western law, and explained the process of certain justice practices under Warlpiri law.
Elder Ned Jampijinpa Hargraves said traditional punishments — known as "payback" in English — were proportionate to the grievance and that Mr Walker's death called for a "spear across the legs" of Constable Rolfe.
"Payback is a very organised cultural ceremony," Mr Hargraves said in Yuendumu.
"It's a gathering of the whole community who witness it. People have roles and responsibilities to the person who has passed away … this has been happening forever," Mr Hargraves said.
In an address to the coroner today, Mr Officer told the coroner that Constable Rolfe had already been investigated by police and had faced trial.
"Your Honour, on Tuesday during this court's visit to Yuendumu, we've heard, and it was reported about, the concept of spearing Constable Rolfe," he said.
"And indeed, comments attributed that there won't be any rest or healing until his blood is spilled.
"Now, Your Honour, one could be forgiven for the impression that that leaves not only Constable Rolfe, but all police officers [accused of similar conduct], [that the] way in which to appropriately respond is to resort to a level of violence."
Constable Rolfe appeared at the inquest in Alice Springs for the first time on Wednesday, when he made a claim to the legal right — known as "penalty privilege" — to not answer questions that could lead to disciplinary action being taken against him by the NT Police Force.
The coroner will rule on his claim after the NT Supreme Court hears an application relating to the matter next week.
According to a list tabled at the inquest, the topics he declined to respond to included text messages that are "arguably racist, sexist and homophobic", use of force incidents, and the events of the day Mr Walker was shot.
Today, in an apparent reference to comments made by family members of Mr Walker after Constable Rolfe's appearance, Mr Officer said he was concerned his client had been criticised outside the court for asserting his legal right.
"I'm troubled when yesterday comments that are made … that what Constable Rolfe did on Wednesday was disgraceful, or a cop out, and a coward, and that he should be sacked, are not a true reflection of what occurred in your court on Wednesday," Mr Officer said.
"They are inflammatory, they are divisive, and it's ignorant to the circumstances of what actually occurred on Wednesday."
Mr Officer said witnesses should be treated with courtesy and respect, adding that the comments were "extraordinarily unhelpful".
Counsel assisting the coroner, Peggy Dwyer, said she was not aware of the comments, as she was not "slavishly following the media".
"I am aware that during the period of time that Constable Rolfe was in court, he was treated with great respect, including by … all of the people who were in court, Yapa (Aboriginal) and Kardiya (non-Aboriginal)," Dr Dwyer said.
"And when I asked Constable Rolfe whether he was comfortable when he was leaving court, he said that he was fine. So I'm not aware of any difficulties at all," she said.
Dr Dwyer added the coroner would not be influenced by any media coverage.
"This court will take into account the evidence that is heard on oath, and will take into account the evidence that we know and deal with it in a fair and objective manner, as is expected."
The coroner also asserted that the court would proceed only on the evidence provided at the inquest.
The inquest continues.
