Kumanjayi Walker inquest to probe whether Zach Rolfe ‘used drugs’ before fatal Yuendumu shooting

The Territory Coroner will seek to probe evidence that Zach Rolfe had ‘used drugs that impacted on his conduct’ prior to fatally shooting Yuendumu teenager Kumanjayi Walker.

UPDATE: THE Territory Coroner will seek to probe evidence that Zach Rolfe had “used drugs that impacted on his conduct” prior to fatally shooting Yuendumu teenager Kumanjayi Walker.

On Thursday Coroner Elisabeth Armitage released a detailed list of 54 questions, under seven headline “issues”, to be canvassed at an upcoming inquest into the police shooting in 2019.

Among them is the question of whether there is “evidence that Constable Rolfe used drugs that impacted on his conduct” on the day of the shooting.

“What policies and procedures are applicable if a police officer is suspected of using a drugs (sic) that impact on conduct?” it reads.

“Have those policies and procedures been applied to Constable Rolfe? Are they adequate?”

Another question asks: “Should police be required to undergo drug and alcohol testing following the discharge of a firearm or in other circumstances?”

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

Other questions to be canvassed at the inquest include whether Const Rolfe provided “accurate and honest information” in applying for a job with NT Police “and if not, what, if anything, was done about it”.

Zach Rolfe outside court. Picture: (A)manda Parkinson

“What is known about Constable Rolfe’s use of force, use of firearms and use of body-worn video during his time as a Northern Territory police officer?” the list reads.

“Was the monitoring, supervision and response to his use of force, use of firearms and use of body worn video adequate and appropriate?

“Has any inappropriate behaviour been condoned, overlooked, or excused by supervisors?”

Another question asks whether there should be “legislative or policy amendment to better deter and appropriately provide for sanctions against police misconduct (disciplinary, criminal or civil wrongs) in the NT”.

Ms Armitage will also hear evidence about any possible “systemic racism or cultural bias” within NT Police and whether “officers based in Alice Springs discriminated against Indigenous Australians”

Other questions relate to whether there is ”any evidence to suggest that the fairness or efficiency of the coronial investigation by NT Police was compromised or impaired”.

“Did the investigation into the death of Kumanjayi Walker comply with the NT Police force policies and procedures concerning a death in custody and the recommendations of the Royal Commission into Aboriginal Deaths in Custody?” the list reads.

The inquest is due to begin on September 5.

EARLIER: THE Territory Coroner will consider whether the investigation into the killing of Kumanjayi Walker by NT Police constable Zach Rolfe was “in any way compromised or impaired”, a court has heard.

At a directions hearing in Alice Springs on Thursday, counsel assisting Coroner Elisabeth Armitage, Peggy Dwyer, said the upcoming inquest would consider “the conduct of the investigation by the NT Police force”.

“I anticipate a slight amendment to the way that it’s currently worded so that it would read something like this: Is there evidence that the fairness or efficiency of that investigation by the NT Police force was in any way compromised or impaired?” she said.

“No prejudgement of that issue has been made of course, but it’s an important thing for your honour to consider and process.”

Dr Dwyer said the inquest would “necessarily involve looking at the past conduct of some police officers, including Const Rolfe”.

But she said Ms Armitage would not be conducting a “roving Royal Commission” into Const Rolfe’s actions in fatally shooting Mr Walker during an arrest in Yuendumu in 2019.

“This is not a commission of inquiry into Const Rolfe,” she said.

“In fact, the focus is on the NT Police force response to issues identified in recruitment, training and response to complaints of excessive use of force.

“And the example provided by issues affecting Const Rolfe really reveal circumstances that your honour will consider about the NT Police force response.”

Zach Rolfe outside court following his acquittal in March. Picture: (A)manda Parkinson

Ms Armitage said the focus of her inquiry would be “the broader issues as drawn out from the specific examples”.

“There will be some focus on officer Rolfe because obviously he is integral to these events,” she said.

“But in understanding his position and what has occurred in his experience in the police force, that will be an example, or an exemplar, of what might be broader issues within the police force.”

Const Rolfe’s lawyer Luke Officer said he was “grateful for the indication that this will not be an inquiry into the conduct of Const Rolfe”.

“We are certainly alive, as is Const Rolfe, to the positives that will come from this inquest and it is important that there is an attempt to rebuild the relationships between the community on one hand and the police on the other,” he said.

“What we don’t want is further divisions and this inquest requires great focus on the issues that are important and co-operation between the advocates that represent the different interests so there does need to be some constraint on the issues that are raised.”

Kumanjayi Walker.

The inquest is due to begin on September 5 in Alice Springs but Dr Dwyer said residents of Yuendumu had requested that Ms Armitage go there first.

“Everybody we spoke to would like your honour to go to Yuendumu and that perhaps one way would be that for the first few days of the inquest to be held in Yuendumu,” she said.

“Not to hear formal evidence but for your honour to just sit and listen to anybody who would like to speak.”