Zach Rolfe ‘had the devil in his eyes’ during violent arrest, Kumanjayi Walker inquest hears

Zack Rolfe ‘had the devil in his eyes’ when he repeatedly punched an Aboriginal man as he lay on the floor during a botched arrest, a court has heard.

Zach Rolfe “had the devil in his eyes” when he repeatedly punched an Aboriginal man as he lay on the floor during an earlier botched arrest before fatally shooting Kumanjayi Walker in 2019, a court has heard.

On Tuesday, Coroner Elisabeth Armitage ruled Constable Rolfe’s former fiancee, Claudia Campagnaro, could be called to give evidence in the inquest and that other witnesses could be questioned about text messages downloaded from his phone that showed racism “may have played a role” in the fatal shooting.

Constable Rolfe was acquitted on all charges related to the shooting following a Supreme Court trial in March.

In her decision, Ms Armitage referred to a statement given by Ms Campagnaro, a former police officer, in September last year, in which she described having to interview the man with her partner, who told her Constable Rolfe’s patrol group had “done a bit of a dodgy”.

“That (patrol group) was just always known to be one of those (patrol groups) that were always in these jobs where someone was having to justify use of force,” Ms Campagnaro claimed.

Ms Campagnaro said the injured man “could barely understand English” but told her he was “punched in the head” and had “not done anything wrong”.

“(He) just kept saying to (my partner) and I, ‘The police office(r) just had the devil in his eyes’,” she said.

“Zak has told me in conversation, words to the effect of, ‘I punched (him) while he was on the floor’ and ‘I punched him in the face a few times’ but I can’t remember if he said why he did it.

“Zak has told me ‘Thank God my body-worn (camera) wasn’t on because everyone would have seen I was punching (him) on the floor’.”

In her statement, Ms Campagnaro also claimed to investigators that Constable Rolfe would “off the cuff, say words to the effect of ‘If I shot someone, I could go on a six-month holiday’.

“This was closer to the end of our relationship because I remember saying to him that you’re not a nice person and I started to realise that we are just not compatible,” she said.

“Zak has previously spoken about getting into the SAS and said to me ‘I like being a soldier, it was good money and they could go out and kill people’.

“I don’t know what I thought in the beginning, it should have been a red flag, but I think he was serious.”

Despite ruling Ms Campagnaro’s evidence was relevant to the inquest, Ms Armitage said she was not expressing a view as to whether it “should be accepted as credible or reliable”.

“There may well be significant issues with her credibility and/or her reliability as a witness, or the interpretation of her evidence,” she said.

Territory Coroner Elisabeth Armitage. Picture: Glenn Campbell

“However, at this stage, the evidence is rationally capable of acceptance, the interpretations are seemingly open, and the accounts are relevant to the inquiries I am undertaking.”

Ms Armitage also ruled that the text messages were obtained lawfully by police during the Coronial investigation and should be received into evidence.

“I would not have investigated this matter if there were not an evidentiary basis to suggest that Constable Rolfe and other police officers with whom he was communicating held racist views about Aboriginal people,” she said.

“However, I accept the submissions of (other parties to the inquest) that an available interpretation of the text messages is that they are prima facie evidence of racism by Constable Rolfe, and within the (Immediate Response Team) and the Alice Springs patrol group.

“And, further, I accept (the) submission that it is sufficient that this racism ‘may have played a role – conscious or unconscious – in the immediate acts causing death or in the broader structures concerning the IRT and its deployment’.

“The inquest will inquire as to whether this is in fact the case.”

Earlier, counsel assisting the Coroner, Peggy Dwyer, told the court that if called, Claudia Campagnaro would testify about Constable Rolfe’s “willingness to use violent force against Aboriginal people”.

“Your Honour, Ms Campagnaro gives evidence, in effect, of Constable Rolfe’s approach to the use of force, including that when faced with a choice, he would usually prefer the option involving more, rather than less force,” she said.

“She also gives evidence as to his attitude to oversight of use of force, and she gives evidence with respect to his attitude to his body-worn video camera.”

Constable Rolfe was acquitted in March on all charges relating to Mr Walker’s police shooting death during a bungled arrest in Yuendumu in 2019.

Barrister for NT Police, Ian Freckelton KC, said the issue as to whether Ms Campagnaro should be called was one of whether Ms Armitage found her to be “a person of credit”.

“We say to your honour that there is potential relevance in respect of the Campagnaro evidence, but it is evidence that needs to be viewed carefully, given the relationship formerly existing between Ms Campagnaro and Constable Rolfe,” he said.

“And merely because assertions are made by her, it doesn’t follow that any attitudes she imputes, ex post facto, to Constable Rolfe, had any bearing or impact upon what he did or didn’t do on the day.”

The hearing continues on Wednesday.

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