NT Appeals Court dismisses cost claim by Walker inquest parties against ‘racist’ cop Zachary Rolfe
A cost order against a former NT cop’s unsuccessful appeal in the Kumanjayi Walker inquest – in which the findings labelled him a ‘racist’ – has been declined. Find out why.
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The family of a man killed by former NT Police officer Zachary Rolfe – as well as the NT Police, NAAJA, and the Attorney-General – have had an application for costs against the “racist” cop’s unsuccessful Walker inquest appeal declined.
The NT Appeals Court declined to the make order for costs on Thursday – more than two years after Mr Rolfe’s unsuccessful appeal.
Mr Rolfe appealed to the Supreme Court in 2023 in a bid to not have to give evidence in the coronial inquest into the death of 19-year-old Warlpiri Luritja Kumanjayi Walker.
In November 2019, Mr Rolfe fired three shots into Mr Walker, killing him.
Mr Rolfe was charged over the second and third shot, and in 2022 a Supreme Court jury acquitted Mr Rolfe.
In the Appeals Court decision, delivered by NT Chief Justice Michael Grant, Justice Sonia Brownhill, and Justice Peter Barr, the four parties sought costs against Mr Rolfe due to his unsuccessful appeal in 2023.
No costs amount was outlined in the decision.
Prior to the Appeals Court’s decision, the Territory Budget Estimates committee showed more than $7 million had been spent by the Territory government in the three-year long inquest.
The Attorney-General’s department spent $1,917,860 throughout the inquiry, while the NT police spent $5,495,078.
The Coroner’s office spent $1.9m on the inquest, which began in September 2022 – months after Mr Rolfe’s acquittal.
NT coroner Elisabeth Armitage delivered her findings in the inquest in Yuendumu July 7 this year.
In her findings, she labelled Mr Rolfe a “racist” and said Mr Walker’s death was “avoidable”.
A number of failures by the NT Police to properly investigate problematic use-of-force incidents by Mr Rolfe was outlined in the findings by Ms Armitage, who made 33 recommendations to the government, NT Police, and NT Health.
Mr Rolfe, through a statement from his lawyer, has rejected a number of the findings, and NT Police have acknowledged the coroner’s recommendations and pledged to stamp out racism within the force.
In the wake of the findings, Chief Minister Lia Finocchiaro said the inquest “went on far longer than anyone expected or liked”.
Speaking in Darwin on Friday, she indicated the government may introduce “restrictions” around the “endless time frames and endless costs” of coronial inquests in the NT.
NT Attorney-General Marie-Clare Boothby said she is “considering how to ensure coronial processes are more efficient and deliver faster outcomes for families and the community”.
Originally published as NT Appeals Court dismisses cost claim by Walker inquest parties against ‘racist’ cop Zachary Rolfe
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