ICAC Michael Riches releases report on former chief minister’s comments after Zach Rolfe shooting

Corruption watchdog Michael Riches found former chief minister Michael Gunner’s comments in Yuendumu after the shooting were ‘off-the-cuff and largely unrehearsed’.

The ICAC found Michael Gunner ‘took great care to ensure that his remarks were directed toward a coronial inquest’. Picture:(A)manda Parkinson

Former chief minister Michael Gunner’s public comments in the wake of the fatal police shooting of Yuendumu teenager Kumanjayi Walker “had no impact or influence” on a decision to charge Zach Rolfe with murder, the Territory’s corruption watchdog has found.

Mr Rolfe, a former NT Police constable, was acquitted on all charges by a Supreme Court jury last year over the 19-year-old Warlpiri-Luritja man’s death in Yuendumu on November 9, 2019.

In a report tabled in parliament on Thursday, Independent Commissioner Against Corruption Michael Riches cleared Mr Gunner of any wrongdoing over a speech he gave on November 12, in which he told Yuendumu community members “consequences will flow” from the shooting.

During his investigation, Mr Riches said he interviewed senior police officers involved in the homicide investigation, including arresting officer Kirk Pennuto, who told him Mr Gunner’s comments were “absolutely not” the subject of discussion.

Mr Riches said then assistant commissioner Nick Anticich told him: “I can tell you emphatically that … the chief minister had nothing to do with the decision to charge and arrest Mr Rolfe.”

“Assistant Commissioner (Martin) Dole was asked whether he felt that there was ever any political influence on the investigation,” Mr Riches wrote.

“He replied: ‘None whatsoever’.”

NT Police Assistant Commissioner Martin Dole outside the Alice Springs Local Court during an inquest into the death of Kumanjayi Walker. Picture: Jason Walls

In his report, Mr Riches found Mr Gunner’s comments were “off-the-cuff and largely unrehearsed” and he “did not intend to prejudice the administration of justice, nor to influence the police investigation”.

“Rather, I find that when making the comments, the former chief minister was endeavouring to address matters that had been raised with him during (an) all-male meeting with Elders and matters that he understood were of concern in the community,” he said.

Mr Riches also found Mr Gunner’s comments did not meet the definition of “incompetence” and he instead “took great care to ensure that his remarks were directed toward a coronial inquest”, rather than suggesting any “impropriety by police”.

“To the extent that there is merit in the criticisms made of the former chief minister for his choice of words, when considered in the context of the whole of his speech, and in the circumstances in which he made his comments, I am not persuaded that his conduct was of a kind that satisfies the definition,” he wrote.

“I have come to that conclusion having watched and listened to the whole of his comments and considered them in light of the unique circumstances in which they were made.

“In coming to that conclusion, I do not discount the fact that reports about the impugned comments did cause anger and frustration among police, although it is clear on the evidence that the former chief minister’s comments had no impact or influence on the decision to arrest Mr Rolfe.”

Former NT Police assistant commissioner Nick Anticich said Michael Gunner ‘had nothing to do with the decision to charge and arrest Mr Rolfe’. Picture: Jason Walls

Mr Riches also found no evidence to suggest anyone who attended a meeting involving Mr Gunner, former police commissioner Jamie Chalker and others, held on November 10 “said or did anything that may have been perceived to have had any bearing on the police investigation”.

“Indeed, the evidence before me suggests that there was little discussion about the police investigation, other than the fact that there was an ongoing police investigation and what was understood about the events at that point in time,” he wrote.

“It appears that this meeting was directed toward governmental responses to the issues that had arisen in Yuendumu. I find accordingly.”

Mr Riches similarly dismissed allegations that a “secret meeting” was held between Mr Gunner, Mr Chalker and then police minister Nicole Manison during the investigation period as “a rumour without substance”.

Read Michael Gunner’s full November 12 speech to the Yuendumu community below.

Originally published as ICAC Michael Riches releases report on former chief minister’s comments after Zach Rolfe shooting