FULL SPEECH: NT Police Association claims interference in Rolfe charges

NT Police Association president’s impassioned speech claiming interference in the Rolfe investigation. READ THE SPEECH HERE

Good morning and thank you all for attending.

On Friday 11 March 2022, a member of the NT Police Association was acquitted by a jury in the NT Supreme Court, nearly 2 and a half years since the events in Yuendumu on 9 November 2019, a date which will no doubt be remembered for many years to come.

There seems a reluctance by some to say his name. His name is Constable Zachary Rolfe, registered number 3638.

All he wanted to do was be a police officer, to serve and protect the community.

So, he chose the NT, a force with a proud history of working in remote communities, and in harsh and unfavourable conditions, but rewarding, nonetheless.

He graduated Dux of his course in late 2016 and was posted to Alice Springs.

Soon after arriving, he demonstrated his sacrifice to the community when he saved a tourist from a swollen river near Alice Springs.

You can say there is no better example than putting service above yourself, at the risk of your own personal safety. That is what our police do.

In November 2019 however, a chain of events took place which has now changed the course of his life forever.

As we all now know, through the course of the evidence in the trial, tragically a young man, Kumanjayi Walker, lost his life late in the evening of 9 November 2019.

Even more tragically, it didn’t have to happen. Through Kumanjayi’s actions, when he lied to police, refused to comply with police directions, and then attacked Constables Rolfe and Eberl while armed with a deadly weapon, Constable Rolfe was required to use force to protect himself and his partner, Constable Adam Eberl.

The NT Police Association have been patient, often criticised by our own for not saying enough since the arrest on 13 November 2019. This was for good reason, we sought the best legal team to defend Zach, as we would with any member, and we trusted and listened to their advice, something others should have done.

We hold our heads high in believing in that process and advice, to ultimately see justice prevail.

As I have said previously that night was undeniably tragic.

It will also be a date remembered for triggering a chain of events which at times beggared belief. Indeed, it still does today.

What was clear from the evidence presented in this trial by the Prosecution, was there was never enough evidence to lay the most serious charge of murder on Rolfe, not even close …….to enough.

The actions of senior decision makers in arresting and charging Constable Rolfe must be interrogated, answers must be provided. Our members including Constable Rolfe, the family of Kumanjayi Walker, the community of Yuendumu and the NT community deserve the truth in an open and transparent manner.

Why were the concerns of senior investigators being set aside regarding the speed at which charges were being considered? This was evident in documents obtained for the trial.

Why were opinions on charging being ignored over just a few seconds of BWV and just a few statements? How is that thorough in any way?

How did Constable Rolfe’s name and address get leaked to the public soon after the shooting and why has this not been investigated?

Why was the department so keen to have Constable Rolfe in Darwin …. for his own safety, prior to arrest?

Why was the fact Constable Rolfe wanted to return to Canberra after the shooting to recover become a factor in determining a time frame for arrest?

Remember, this was a police officer, on duty, attempting to arrest a violent target, something he was tasked to do with his IRT colleagues.

As such, there were obvious legal defences available to him, obvious that is, if a full investigation had been conducted as it should have.

... Critical decisions to arrest Constable Rolfe were made giving consideration to his desired movements to Canberra, rather than based on the evidence.

Remember, we are talking about a young police officer, who had just been stabbed, was in shock having had to use his firearm in a critical moment and was then being considered for a charge of the most serious crime known to mankind.

Murder. This is utterly inconceivable. When did evidence take a back seat to preference when it comes to a criminal investigation?

Commissioner Chalker was not even sworn in as Police Commissioner when the shooting occurred. I sympathise that this is an unfortunate way to have to begin your term. Unfair in many aspects, yet ultimately out of his hands.

His decision to attend Yuendumu on Tuesday 12 November was the right one, but the attendance of the Chief Minister Michael Gunner, and the Minister for Police Nicole Manison, was a catastrophe, and should never have occurred.

It does not matter on one respect whose decision this was, nor the motivation for doing so, but in this case, perception is reality. Political interference was alive.

The Chief Minister’s comment that day, before an emotion charged audience, was irresponsible if not clumsy, and one which let down the police, and the community of Yuendumu.

Remember, witnesses to the investigation could have been in that audience, yet in a foolish attempt to explain a process he has no experience in, he talked about consequences.

By doing so, he set in motion a sense of expectation for that audience that there was some sort of wrongdoing, and there be consequences for that.

He will no doubt disagree, but we all know it is the perception which matters here don’t forget, and this is clearly not his strong point.

He let down the police and he angered police, with the consequences will flow comment. Despite my approach that same day to publicly clarify what he meant, he refused, and both he and the Minister publicly criticised me for representing my members concerns, indeed saying I was overreacting.

He again refused the to clarify the comment the very next morning.

As I have said, perception is reality, and a true leader would explain himself to all those he represents not just a select few.

As a Labor government, built on the back of the union movement, he should know why we, as a representative body, raise the concerns of our members, or have you forgotten where you come from Chief Minister?

I maintain today what I said after that comment, the Chief Minister should neither assume, nor comment on behalf of any investigation, and the fact he did, fanned the flames of expectation among those standing before him in Yuendumu, many of whom knew nothing of the facts of what took place. He let down those community members, and the members of the police force.

Then on Wednesday 13 November 2019, to the disbelief of everyone I have spoken with, Constable Rolfe was arrested. No one could believe this was happening. The police force was in shock.

Members were in tears; his immediate colleagues could not comprehend how or why. Many went home, they did not know what it meant for them if they were in the same situation.

On returning immediately to Darwin from Alice Springs, I sat in a police holding cell in the Darwin Watchouse with Constable Rolfe, shortly after his arrest.

At that moment, I looked him in the eye and assured him we will embark on a search for the truth of what had taken place, and the NTPA would be side-by-side with him the whole way.

He had to put his faith in me, on behalf of all members of the NTPA. And he had to be patient, little did we know just how patient he needed to be.

Yet before he was even released on bail, a press release was issued by the Police... advising the public that Constable Rolfe had been charged with Murder, and was released on bail.

Problem being, he was still in the holding cells and had not even been released yet.

It was like (they) couldn’t wait to get the news out.

I was utterly disgusted, and I called Commissioner Chalker to convey that disgust.

This sort of neglect to detail, neglect of the welfare and consideration for one of his own, will plague (the police), and so it should. It lacked complete respect.

Then began the online abuse. The vial disgusting an utterly inaccurate dialogue being directed toward Constable Rolfe and his family was some of the most repugnant behaviour I have ever seen.

Influential figures beating their own drum without knowing or wanting to know the facts. Other police officers facing abuse, their children harassed trying to go to school. Not to mention the death threats to Constable Rolfe and his family.

Those out there responsible know who you are, shame on you. To those journalists who peddled the mistruths or failed to fact check, shame on you.

Where the hell was your integrity?

Despite obviously being aware of Constable Rolfe’s arrest, the day after Constable Rolfe was arrested and charged, quite incredibly, then Independent Commissioner against Corruption Ken Fleming, chose to not only travel to Alice Springs to attend a local protest regarding the shooting, but he also injected himself openly by commenting to the audience via a microphone those words we all now well know, words I will not repeat here today.

I could honestly barely believe what I was seeing, I mean you cannot make this stuff up.

What did the minister for ICAC, that is the Chief Minister, do? Nothing, he just sat by and let it all unfold.

Our Police are placed in harm’s way each and every day, and sadly, because occasionally members of the public want to harm or kill our police or others, we have seen police involved shooting incidents interstate prior to this one, and subsequent to this one, with most subject to what we would have expected, a thorough investigation process.

Our members want answers, and they deserve answers. Something here is not right, there is a failure in due process, fairness, and transparency.

We now know that a group of senior police made the critical decision to arrest Zach.

A decision to arrest a young man who let’s not forget was employed, trained, equipped, and deployed by the Commissioner of police to serve and protect the community. At times that job requires the use of force.

We also know the decision, appeared to be more for convenience rather than evidence based. This is unbelievably extraordinary.

We are talking about a Murder charge for one of your own police officers, one was stabbed by a violent offender before discharging his firearm to protect himself and his partner.

...

This investigation unfortunately found our members investigating one of our own for the most serious crime known.

That was a mistake and was unfair on those officers.

I cannot imagine the pressure being put on them during the last 2 years.

We are a small jurisdiction, and everyone knows everyone, and this course of action created a divide which was unnecessary and avoidable, and one we need to mend.

Footage was also shown during the trial of the terrible incident on Wednesday 6 November known as the axe incident.

The officers involved in that incident, Senior Constables Hand and Smith, copped unfair criticism.

Remember, they were the only ones there that day who were confronted with that horrendous situation, and to judge someone on the course of a few seconds of BWV footage is completely improper, as we well know.

I am just grateful they were not hurt, and they came home that day.

Equally, opinions flew left right and centre about the actions of Sgt Julie Frost.

People will be free to judge all the evidence as they will, including hers, but what she did that night was not uncommon in so far as members in remote communities have been stretched for resources for years.

Was she tired, more than likely? Was she needing some respite? More than likely.

Working enormous overtime and working regularly understrength just to make ends meet and serve the community is often par for the course in remote policing.

Judge the people responsible for funding and staffing our remote areas equally as you judge those you feel could have done better.

Spare a thought for all those police involved who were required to give evidence, that is never easy to do.

One of your colleagues sitting there on a murder charge for an on-duty incident. Just imagine how they felt.

Many officers have left the NT Police since this incident, an enormous amount in fact, albeit for a variety of reasons.

But some have directly written to the NTPA to advise they have left due to the handling of this matter, and that truth needs to be known.

This decision has come at a cost to the community with so many experienced officers leaving.

Many officers were targeted for showing any support at all for Constable Rolfe.

What on earth have we come to, when members of the police force were targeted for supporting a colleague, nothing to do with guilt or innocence, but simple support.

What ever happened to looking out for each other?

Why has Constable Rolfe not been contacted, at all, by the Commissioner or other senior police executives.

Not once since his arrest.

Yes, I am critical of this, Constable Rolfe after all is their employee.

Imagine if the NT Police Association was not there for him and his family, as we have been since day one?

I have directly conveyed this concern to the Commissioner, and he knows how I feel about this. It is simply not right.

Finally, we all must respect there will now be a coronial investigation into this matter, a process which in our opinion ought to have occurred first, as is the case with other jurisdictions with police involved shootings.

We hope this process uncovers more answers for our members, and uncovers all the truths, free of interference.

Together with Constable Rolfe, his family, the police force itself, along with Kumanjayi Walkers family, and the community of Yuendumu, they were let down by a decision which was unnecessarily hasty, a decision we know was made within hours of the shooting, to move toward an arrest of a member of the police force who himself was a victim of a stabbing and could have lost his life that night.

The outcome of the trial itself is an important decision for police officers not only in the NT, but across the country, who are often faced with life threatening situations.

The support from fellow police unions and association across the country, representing 66,000 police officers, has been overwhelming.

We must acknowledge there are still people hurting from the outcome of the trial, but that decision needs to be respected by all concerned.

As for the other questions, not only do our members deserve answers, but importantly, Constable Zach Rolfe and his family deserve answers.

His promising career in the NT Police Force is in tatters, and those responsible need to be held to account.

I want to finish by acknowledging all police officers in the Northern Territory, and across the country, who put their lives on the line each day, to protect us.

Those very people deserve to go home after each shift and thank goodness Constable Rolfe and Eberl did on this occasion.

Thank you.