Zachary Rolfe’s ego “had a lot to do with” the death of Kumanjayi Walker, and the former police officer “lied” about the Warlpiri man attempting to take his gun before the fatal shooting, a court has heard.
The inquest into the death of Walker is holding its final hearings, almost two years after it was due to be completed.
Walker, 19, was killed by then Northern Territory police constable Rolfe during a bungled arrest in the remote NT community of Yuendumu on 9 November 2019.
Rolfe was later charged with murder but was acquitted of all charges after a supreme court trial.
The inquest into the case is hearing final oral submissions in Alice Springs this week.
The counsel assisting the coroner, Dr Peggy Dwyer SC, said on Wednesday that it would be submitted to the NT coroner, Elisabeth Armitage, that she should find Rolfe “invented” evidence during his trial that Walker tried to take his police weapon and she could not accept he feared for his life at the time of the shooting.
Dwyer said Armitage should also reject submissions on behalf of Rolfe that his conduct prior to November 2019 was irrelevant to the case.
Dwyer said it was important to consider Rolfe’s history in the NT police force and before he joined, including his being dishonest during his application, and that he held racist attitudes towards Aboriginal people.
“It’s not done in order to be overly critical of Mr Rolfe, or demonise him … He is more than the sum of what happened on 9 November,” Dwyer said.
“Mr Rolfe’s legal team urges your honour not to sugarcoat what happened in relation to Kumanjayi Walker’s behaviour on 9 November, and neither should your honour sugarcoat the actions of Rolfe.”
Dwyer said Rolfe had a history of using force during arrests and a contemptuous attitude to authority and the rules; used violence to demonstrate his dominance over others, particularly young Aboriginal men; and had a tendency to seek out situations where the use of force could be necessary.
“Ego was wrapped up in his use of force, and ego had a lot to do with the events of November 2019.
“Perhaps Mr Rolfe could have been shaped to be a better officer … This court will never know.”
Dwyer said that counsel assisting’s submissions to the coroner would recommend that Armitage find Walker did not try to take Rolfe’s police firearm immediately before the officer shot him three times.
Walker tried to stab the officers with scissors when they attempted to arrest him. But Rolfe said during his trial that Walker also put his hand on his gun as they struggled before the shooting.
Dwyer said Rolfe had never provided that detail before giving evidence, including in conversations with colleagues, lengthy notes about the shooting in his police diary, and in multiple takes of a video interview with a journalist at The Australian.
She said the evidence Rolfe gave at trial about the gun was “an invention”.
“That’s a significant finding, your honour, and I make it carefully and after careful consideration, and we have set out the evidence in full,” Dwyer said.
“As a result of this lie, the lies Mr Rolfe told regarding the broader events of 9 November 2019 and the significant issues with respect to his credibility as a historian of his own use of force mean that your honour couldn’t accept, even on balance … Mr Rolfe’s evidence that he feared for his or [his colleague’s] life when he fatally shot Kumanjayi Walker.”
Rolfe denied he lied about Walker attempting to take the gun when he gave evidence during the inquest earlier this year.
In relation to his credibility, Dwyer said Rolfe had a tendency to “dissemble” during his evidence in court, and that Armitage should also consider his history of lying in the past.
Julian McMahon SC, representing the Parumpurru committee of Yuendumu, said that the dying words of Walker summed up the inquest.
“The truth is that after he was shot and handcuffed and dragged across the dirt, Kumanjayi Walker cried out to his captors.
“He was dying, he was barely educated, he was in agony, but even so, he saw and he said what was truly happening … ‘You mob got no respect, shame on you.’
“In eight words, despite all of his disadvantages in life, he summed up pretty much everything we’re doing here.”
Phillip Boulten SC, for the North Australian Aboriginal Justice Agency (Naaja), told the inquest Walker “was a young man who was killed by a racist and violent police officer”.
He said that about 75 Indigenous people had died in custody since Walker was killed.
“This is a national crisis, but it is not recognised as such by the systems of government.”
Luke Officer, for Rolfe, urged Armitage to reject many of the submissions of the parties in relation to his client.
He said that if she accepted those submissions including in relation to Rolfe’s conduct on the night of the shooting, prior use of force and attitudes towards Aboriginal people, it would lead to her undermining the verdict of the jury which acquitted him.
“Accepting some submissions from parties will in truth give it the hallmarks of a royal commission into Zachary Rolfe,” he said.
Officer said that Rolfe’s text messages and prior conduct as a constable should not have been admitted as evidence in the inquest, and Armitage should decide to ignore this evidence when considering her findings.
He said Rolfe and the NT police both submitted that racism played no part in the death.
“We’re not saying racism can’t be a topic, that would be ridiculous … we don’t shy away from the fact that racism might be a relevant topic,” Officer said. But he said Armitage must be clear about what the inquest could achieve.
“This has never been about heroes and villains … there are no winners,” Officer said. “But your honour should set realistic expectations.
“Let’s apply common sense … there are constraints under your act about what you can do and what you must not do.”
Dwyer said it was important the public understood that the primary reason for the delays in the case were a series of legal challenges, all of which had been unsuccessful, though she said she was not critical of the challenges.
Dwyer added that Walker’s story was another example of what Armitage found in a family violence inquest, which delivered its findings this week: that children exposed to violence were more likely to become involved in the criminal justice system.
Dwyer said evidence before the inquest showed Walker lived in a home that was plagued by excessive alcohol consumption and domestic violence from the ages of four to 10.
“Kumanjayi Walker’s story exemplifies exactly what your honour has said in the context of the family violence inquest,” Dwyer said. “To avoid another tragedy we need a holistic approach that recognises the strengths and challenges of children in Yuendumu and remote communities like it.”
The hearing will continue on Thursday.
In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.org. (7233). Other international helplines can be found via www.befrienders.org
