The Northern Territory police officer who fatally shot Kumanjayi Walker in 2019 will likely not give evidence when the inquest into the death resumes later this month, the ABC understands.
Constable Zachary Rolfe shot and killed 19-year-old Warlpiri-Luritja man Kumanjayi Walker during an attempted arrest in the remote Central Australian community of Yuendumu, 300 kilometres north-west of Alice Springs.
A Supreme Court jury last year acquitted the officer of all charges related to the shooting, after Constable Rolfe argued he fired three shots in self-defence when Mr Walker stabbed him in the shoulder during the attempted arrest.
Northern Territory coroner Elisabeth Armitage has been presiding over an extensive coronial inquest investigating the shooting, which heard three months of evidence last year and will resume in Alice Springs for two weeks later this month.
Constable Rolfe was expected to give evidence during those sittings, but Supreme Court appeal proceedings mean he will not be called to the witness box this month.
The officer has launched an appeal of a Supreme Court decision which compels him to answer questions about 14 different topics, including racist text messages, use-of-force incidents, and the events on the night of the shooting.
The Northern Territory Court of Appeal will hear arguments from lawyers for Constable Rolfe, Attorney-General Chansey Paech and the NT Police Force on April 11, a month after the next block of inquest sittings finish.
The appeal will be heard by Chief Justice Michael Grant, Justice Peter Barr and Justice Sonia Brownhill.
Court documents show Constable Rolfe will argue Justice Judith Kelly "erred" in her judgement, which found police officers could be compelled to give evidence to a coronial inquest, even if their answers could result in a penalty, such as work-related disciplinary action, against them.
Justice Kelly found penalty privilege did not exist in the context of a coronial inquest and ruled officers could be compelled to answer questions without a certificate from the coroner protecting them from self-incrimination.
Constable still under legal obligation to give evidence
Constable Rolfe briefly appeared at the inquest in November last year but was excused from answering questions about the disputed topics as the Supreme Court action was underway.
Ms Armitage told him at the time he would eventually be required to return to the witness box.
"Constable Rolfe, you are excused from giving any further evidence today but … you are still on your summons to give evidence in these proceedings, and counsel assisting, through your counsel, will let you know when you are required to return for further examination," she said.
The coroner is expected to hold further hearings in the inquest into Mr Walker's death after the two-week February sittings, but those dates have not yet been set.
