The most senior NT Police officer to give evidence at constable Zachary Rolfe's murder trial has told the Northern Territory Supreme Court that the night-time attempt to arrest 19-year-old Kumanjayi Walker was contrary to the original plan that he had approved.
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.
Constable Rolfe, 30, has pleaded not guilty to murder, and two alternatives charges, over the fatal shooting of Mr Walker in the remote community of Yuendumu on the evening of Saturday, November 9, 2019.
At the beginning of the trial's second week, the then-head of the NT Police southern desert division, Jody Nobbs, told the court that he agreed to the deployment of officers from the Alice Springs-based immediate response team (IRT) to Yuendumu that Saturday.
Superintendent Nobbs said the unit's mission was to provide extra support for local officers after a spate of break-ins and to arrest Mr Walker, who had threatened two local constables with an axe when they tried to arrest him for breaching a court order three days earlier.
The superintendent told the court he had several discussions and email exchanges with the officer-in-charge of Yuendumu, Sergeant Julie Frost, about the plan, which was finalised and emailed just before 5pm, including to the IRT.
He said the plan stated that the IRT members were to begin high-visibility policing in the community at 11pm that night and help in the arrest of Mr Walker the following morning, around 5am.
Answering questions from Crown prosecutor Sophie Callan, SC, Superintendent Nobbs said an early morning arrest was a "tried and tested framework … in terms of risk mitigation" for arrest targets who could become violent.
He said that dawn raids provided the cover of darkness and gave officers time to establish cordons, among other strategic advantages.
The court has previously heard the IRT members instead began looking for Mr Walker about 7.05pm, after a five-minute briefing from Sergeant Frost.
About 15 minutes later, Constable Rolfe and Constable Adam Eberl found Mr Walker inside a house, where Mr Walker was shot three times after stabbing Constable Rolfe in the shoulder with a pair of medical scissors.
During cross-examination by the defence, Superintendent Nobbs confirmed he was not informed by Sergeant Frost that the IRT had started moving around Yuendumu four hours before their scheduled 11pm start, as specified in the operational plan.
He also said he had not discussed with Sergeant Frost the instruction she gave the IRT members to gather intelligence about Mr Walker's whereabouts.
However, he said, that it would be appropriate for the IRT members to arrest Mr Walker if they came across him.
"Common sense would dictate that, if there was a chance discovery, they would have to act," he said.
Police trained to fire multiple bullets if needed, says officer
On Monday the jury also heard from Acting Sergeant Shane McCormack, who helped organise the deployment of the IRT at the request of Superintendent Nobbs.
The then-Alice Springs-based officer told the court he was a member of the IRT himself but had not previously helped arrange such a deployment.
Acting Sergeant McCormack told the court that he gave the four IRT members and a police dog handler a two-minute briefing before they left Alice Springs.
He said everyone at the station was aware of the axe incident involving Mr Walker three days earlier, and said he regarded the IRT's assignment as "high risk".
During cross-examination by the defence, he said he was familiar with the police training maxim "knife equals gun".
Acting Sergeant McCormack said the expression meant an officer had the authority to draw and potentially use their firearm if threatened with an edged weapon.
"The government sees fit for me to have that tool," he said.
"You take out a knife, you've increased the level of force I may use."
He said police were sometimes trained to fire two bullets at a target, and more if warranted.
He told the court a clip included 15 bullets and that there was no limitation on how many shots could be fired.
"It's how many I deem to stop that person doing what they are doing," he said.
The trial continues tomorrow, when the first officers involved in the IRT deployment to Yuendumu are expected to give evidence.
