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Kumanjayi Walker inquest wrapped: NT Police left to lick wounds after Zach Rolfe testimony bombshells

At one point during Zach Rolfe’s explosive, week-long stint in the witness box he issued what might have sounded like an ominous warning to his former employer: ‘I’m just warming up.’

Samara Fernandez-Brown speaks out

Zach Rolfe was remarkably forthcoming for a man who said he didn’t want to be there.

After taking the stand at an inquest into the death of Kumanjayi Walker last week — where he claimed he would rather not “snitch on people” — the former NT Police officer wasted no time in dishing the dirt on his former colleagues.

“I’m just warming up,” he said to everyone and no one as the court adjourned for the afternoon on Wednesday.

The words would have sounded like an ominous warning for the force’s top brass, who had been left scrambling to respond to the bombshell allegations already made, including that members of the elite Territory Response Group were known to hand out “c—n of the year” awards.

But it was when confronted with criticisms of his use of force as a police officer and his actions on the night he shot and killed the Warlpiri-Luritja teenager that words appeared to fail the ex-constable.

“Everything can always be done better,” he said. (Mr Rolfe was acquitted on all charges in 2022.)

Outside of a few discrete issues — including his use of racist language and unprofessionalism around his use, or lack thereof, of his body-worn camera — the repeated refrain was as close as Mr Rolfe came to admitting he’d made a mistake.

But there were a handful of occasions during the week on which he was moved to apologise.

Former NT Police constable Zach Rolfe leaves the Alice Springs Local Court after giving evidence at an inquest into the death of Kumanjayi Walker. Picture: Jason Walls
Former NT Police constable Zach Rolfe leaves the Alice Springs Local Court after giving evidence at an inquest into the death of Kumanjayi Walker. Picture: Jason Walls

When asked about his use of racist language in a text message on Monday, he said he was “sorry (he) said it” — but also for “the fact that that’s been made public”.

When counsel assisting the Coroner Peggy Dwyer SC suggested it was “not a healthy outlet” for police officers “to be texting each other about towelling up locals”, Mr Rolfe responded that “race should never have been brought into it”.

“I am not going to concede that private conversations between officers is unhealthy,” he said.

“I think it’s necessary and I think it should not be — I think this is a very damaging thing to the police force.”

Dr Dwyer asked: “So you’re shifting the blame on me, are you?”

“I believe you — yes, you are held part of the blame, yes,” Mr Rolfe replied.

By Tuesday afternoon, Mr Rolfe was again apologising, this time for being “rude” after an outburst about civilian recipients of his messages being named in open court.

“Yo, let’s f—king figure this out yeah?” he said in a raised voice, prompting a stern “excuse me” from Territory Coroner Elisabeth Armitage.

He later apologised to both women, saying “the reason I got worked up” was “by reading out civilian’s names unnecessarily, the court is potentially putting these people at risk”.

“So I’m sorry for that but I am trying to look after people,” he said.

“We have received threats on my life and people around me.”

On Wednesday, Dr Dwyer asked Mr Rolfe if there was “anything that you want (to take) the opportunity to say to Kumanjayi’s family” but he declined, saying it would be “inauthentic”, and offering instead to speak to them privately.

Image of Kumanjayi Walker used with permission.
Image of Kumanjayi Walker used with permission.

In response, counsel for members of Mr Walker’s family Andrew Boe suggested the door was open to such a conversation but by the end of the week it had closed.

One particular exchange with a different lawyer representing members of Mr Walker’s family, Gerard Mullins KC, on Thursday may have ensured it stayed shut.

Mr Mullins asked Mr Rolfe if he stood by a comment he made to a journalist shortly after the shooting suggesting “that the family were, to some extent responsible, for not assisting to bring (Mr Walker) out” of the house before Mr Rolfe went in to arrest him.

“The responsibility I was placing on them was the fact that they did not tell us,” he said.

“And I know this is an incredibly hard (thing) for the family to hear and ideally, they probably wouldn’t like this answer, but I am here telling the truth.

“There is a responsibility that is to be beared by not telling us that Kumanjayi Walker was inside that house.

“I accept that is hurtful but this is about the truth and that’s the truth from my perspective.”

Meanwhile, Mr Rolfe’s barrister, Michael Abbott KC, a man whose stock in trade is words that have rarely failed him in more than half a century as a criminal defence lawyer, appeared to have found a favourite: “Objection”.

But in taking his feet for the ninth time on Monday, Mr Abbott managed to get off on the wrong one with Dr Dwyer.

“She sounds like counsel for the prosecution,” he complained

“In the way in which she directs her questions, her manner of speaking and her attitude to my client.

“My client is here to give evidence to assist the inquiry, my learned friend is here to prosecute him obviously.”

It was then Dr Dwyer’s turn to “absolutely object” before she too felt compelled to offer an apology of sorts.

“It’s 2024, there are lady barristers, my learned friend’s going to have to get used to that,” she shot back.

Michael Abbott KC dodges protestors outside court on Monday. Picture: Liam Mendes
Michael Abbott KC dodges protestors outside court on Monday. Picture: Liam Mendes

“I am entitled to ask questions, in exactly the same manner as any other counsel assisting would ask them, which is obviously fairly but also with a degree of inflection in my voice.

“I’m sorry if that upsets my learned friend but it is quite clear that the questions I’m asking are not in an objectionable tone. “

Ultimately, Mr Abbott’s total of roughly 90 (mostly overruled) objections during the course of five days was just one of a number of factors that meant Mr Rolfe was unable to complete his evidence by the end of the week.

Addressing the media on Friday after more than 60 hearing days stretching over 18 months, spokeswoman for Mr Walker’s family Samara Fernandez-Brown undoubtedly also spoke for many others from the bench to the bar table and beyond.

“We are extremely exhausted,” she said.

“We were really hoping to finish but we will be back in May … to give more submissions that we think are going to be useful for our community and to keep our people safe.”

Kumanjayi Walker's cousin Samara Fernandez-Brown speaks to the media on Friday. Picture: Jason Walls
Kumanjayi Walker's cousin Samara Fernandez-Brown speaks to the media on Friday. Picture: Jason Walls

While the wait goes on for Mr Walker’s family, NT Police will be left to lick its wounds as it investigates allegations made during a bruising week of testimony that went all the way to the top.

As the week’s hearings wrapped up, a letter to the court from Independent Commissioner Against Corruption Michael Riches was tendered, which revealed NT Police Commissioner Michael Murphy had made a mea culpa of his own.

“While Mr Murphy has no recollection of complaining about restaurant service, or saying words to the effect of ‘I wonder if this is because of what we did to them in Vietnam’, he does not deny that it was said,” Mr Riches wrote.

“In the event that Mr Murphy did make that comment, he has expressed his embarrassment and remorse.”

Way back in 2022 when the inquest started, the court heard psychological testing as part of Mr Rolfe’s NT Police entry requirements concluded he “may brush off the significance” of his errors or “seek to minimise his own role or to blame others”.

But when Dr Dwyer asked him about it on Monday he was unequivocal.

“Mr Rolfe do you think that after making a mistake, you are less likely than many others to accept responsibility?” she asked.

“No,” he replied.

“Do you think you might brush off the significance of the error?”

“No.”

“Do you think you might minimise your role in a matter or blame other people?”

“No.”

The inquest will now resume in May when Mr Rolfe is due to conclude his evidence.

Originally published as Kumanjayi Walker inquest wrapped: NT Police left to lick wounds after Zach Rolfe testimony bombshells

Original URL: https://www.dailytelegraph.com.au/news/northern-territory/kumanjayi-walker-inquest-wrapped-nt-police-left-to-lick-wounds-after-zach-rolfe-testimony-bombshells/news-story/451cecc718538d73982397b01479a98b