Zachary Rolfe was "unlikely" to have been recommended for the Northern Territory Police Force if recruiters had known he left previous disciplinary action in the Australian Army off his application, the coroner has been told.
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.
The inquest into the death of Kumanjayi Walker was told that, in his 2016 application to NT Police, Constable Rolfe neglected to disclose — despite being asked several times — that he had pleaded guilty to a charge of theft at a military trial, while based in Townsville with the Australian Defence Force (ADF).
He also failed to disclose a fine he had received for "public nuisance, violent behaviour" on both his NT and Queensland police applications, which ultimately saw him barred from applying to the Queensland service for 10 years.
The coroner was told that Constable Rolfe disclosed the fine to Northern Territory recruiters throughout the hiring process but did not mention his military discipline issue.
Under questioning from Counsel Assisting the Coroner Patrick Coleridge, NT Police psychologist Bruce Van Haeften — who was on the panel that interviewed Constable Rolfe — said the officer was ultimately recommended as an "excellent" candidate for the police force.
"If you had discovered this omission following the interview, would you have recommended Mr Rolfe as suitable for recruitment into the Northern Territory Police Force?" Mr Coleridge asked.
"If I had discovered that type of omission for any candidate, it's unlikely that I would have recommended appointment, due to their perceived dishonesty and due to the multiple points in that interview … of the importance of being honest and forthcoming with relevant information," Mr Van Haeften said.
Constable Zachary Rolfe shot and killed 19-year-old Warlpiri-Luritja man Kumanjayi Walker, after he was stabbed in the shoulder during an attempted arrest in 2019.
The policeman was earlier this year acquitted of all charges related to the shooting after a Supreme Court trial.
Coroner Elisabeth Armitage is currently presiding over a months-long inquest into the death.
History not checked by NT Police
The court heard that Constable Rolfe had previously pleaded guilty to a charge of theft at a military trial when he was based in Townsville with 1 RAR, the details of which were not read to the coroner.
Mr Coleridge said the then-soldier was put on a 24-month probationary period after the charge and, because of that, was rejected from joining the elite Special Air Service (SAS).
The coroner was told that Constable Rolfe answered "no" when asked "directly" if he had been subject to any disciplinary action in the defence force.
"The failure to disclose would be assumed to be deliberate, instrumental and would be perceived as deceit," Mr Van Haeften said.
The court also heard, in relation to the fine issued by Queensland Police in 2011, Constable Rolfe's account appeared to be "inconsistent" with a police report that Mr Coleridge said "appeared to be the incident" he was involved in.
On Constable Rolfe's "personal history" form, separate to the written NT Police application, he wrote:
"In April 2011 on the Strand in Townsville a fight broke out. I did not see how the fight started but when I did see it, three men were beating one man who was unconscious … I jumped in to try and break up the fight and protect the unconscious man and ended up in the middle of the fight. When the police arrived, they gave me a public nuisance fine and dropped me back to Lavarack Barracks. The man on the ground was in a coma for a number of days."
The Queensland Police report provided to the coroner read:
"It is alleged that the male was pushed with some force, resulting in him falling backwards and hitting his head. The male was unconscious for a matter of minutes. The offender with another male has decamped in [a taxi] … [a police vehicle] has intercepted this vehicle outside Lavarack Barracks confirming the two male occupant's identity. This being [the suspect] and Rolfe, both are members of the ADF."
Mr Coleridge told the coroner it was unclear which account was accurate, but that NT Police did not follow up with their Queensland counterparts.
Mr Coleridge: "It might have turned out, after conducting further checks, that Constable Rolfe's account was entirely accurate?"
Mr Van Haeften: "Correct."
Mr Coleridge: "But it might have turned out that it was a fabrication?"
Mr Van Haeften: "Yes."
Mr Coleridge: "Until those probity checks were conducted, it would be impossible to say, correct?"
Mr Van Haeften: "Correct."
The psychologist could not say why the checks were not done.
During Thursday's hearing, the coroner also was told that Constable Rolfe did not disclose to Northern Territory recruiters that his application to the Queensland Police Force had been rejected, due to an "integrity issue" in not disclosing the fine.
Psychometric tests indicated 'potential weakness'
Portions of Constable Rolfe's psychometric test were read to the coroner. They had established the officer had an "above-average" aggression score and was "less likely than many others" to accept responsibility for a mistake.
Mr Coleridge said the report also noted Constable Rolfe's father was "very tough on him" growing up, a situation, according to the report, which could result in "resentment of authority figures in highly structured organisations".
Mr Van Haeften told the court that, regardless, Constable Rolfe was assessed to be an "excellent" candidate for the Northern Territory Police Force.
Constable Rolfe is yet to give evidence at the inquest.
