Kumanjayi Walker inquest: ICAC completes probe as senior officer accused of racism revealed
The identity of a top Territory police officer who ex-cop Zach Rolfe claimed racially abused staff at a Chinese restaurant has been revealed as Police Commissioner Michael Murphy. LATEST.
Police & Courts
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The Territory’s corruption watchdog has completed an investigation into allegations NT Police Commissioner Michael Murphy racially abused staff at a Chinese restaurant.
Former constable Zach Rolfe made the explosive allegation in Alice Springs on Monday at an inquest into the death of Kumanjayi Walker.
Mr Rolfe told Coroner Elisabeth Armitage Mr Murphy had been “kicked out” of a Chinese restaurant for racially “abusing the staff” but did not specify when.
“Apparently they were slow so he hit them up about being ‘if they’re still angry for what we did to them in Vietnam’,” Mr Rolfe said.
“His response to that when asked by a witness who was there recently was ‘Oh, we’ve just moved on from that’.
“So I find it quite strange that the evidence so far that you’ve heard is that there’s no, racist language hasn’t been normalised by the NT Police.”
Mr Murphy’s identity was initially protected by a non-publication order but that order was lifted at the request of NT Police barrister Ian Freckelton KC on Friday.
Mr Freckelton said the allegations had been “taken up immediately” by Independent Commission Against Corruption Michael Riches who was watching the inquest live.
“Mr Riches has conducted an investigation into the matter and has now determined as follows,” he said
“He cannot say whether Mr Murphy made the comment as alleged, nor can he determine the circumstances leading to Mr Murphy’s departure from a restaurant in the order of a quarter of a century ago.
“He has decided that it is not in the public interest to investigate further given the conflicting versions of events arising from this investigation, your honour, and the fact that this incident occurred as he puts it, at least 21 years ago if at all.”
Dr Freckelton said Mr Riches had now closed his investigation and Mr Murphy had personally requested that the non-publication order be lifted.
It came after Mr Rolfe left the witness box early on Friday after delays meant his evidence could not be completed within the scheduled week.
Ms Armitage will now hear submissions about whether to publicly release copies of certificates tendered during Mr Rolfe’s evidence he said supported his claims officers had handed out racist awards.
Mr Rolfe will then return to complete his evidence at a date to be fixed.
Aboriginal flag on ‘nugeda’ award raises questions about NT Police racism denial
March 1, updated: A copy of an internal NT Police award for “feral behaviour” adorned with an Aboriginal flag and tendered in court on Friday has called into question denials of racism by the force’s top brass.
Former constable Zachary Rolfe told an inquest into the death of Kumanjayi Walker on Monday NT Police’s elite Territory Response Group had given out an annual “c—n of the year award”.
Mr Rolfe’s testimony was met with denials from the force’s executive, including Superintendent Craig Garland who told the inquest the “nugeda” award for a lack of intelligence or personal hygiene “was never linked to Indigenous people”.
But after resuming his seat in the witness box on Friday, Mr Rolfe provided a copy of a “nugeda” award certificate from 2013 set against a backdrop of the Aboriginal flag.
Mr Rolfe wrote the name of a former officer down on a piece of paper and requested it not be publicly released.
“The officer I just mentioned was a member of, I believe, the dog squad in 2013, the canine unit in Darwin,” he said.
“He has passed on some certificates, one that he alleges he received in 2013 on invitation to this annual party.”
Mr Rolfe said he had only heard about the awards “on the grapevine” until this week when fellow ex-cops started to reach out following his explosive testimony.
In questioning Mr Rolfe about the certificate, North Australian Aboriginal Justice Agency lawyer Phillip Boulten SC said it appeared to have “everything to do with Aboriginality”.
“The whole award is an Aboriginal flag, isn’t it?” he asked.
Mr Rolfe replied: “Correct.”
NT Police has launched an internal investigation into the allegations and Mr Boulten asked Mr Rolfe if anything had been done “to point investigators towards” his informants.
In response, Mr Rolfe said the person whose name he wrote on the piece of paper and another former officer were willing to provide statements.
“I believe (one of them has) already been in contact with police and he is awaiting instructions on how that will be done either through the police or ICAC,” he said.
“I believe (the other) is willing to go down the same process.”
In statements submitted to the inquest this week senior officers insisted “none of the awards have any connotation to race” and were “not meant to be offensive”.
But Mr Rolfe said the information he received from other former officers “disagrees with those statements, or at least that they are omitting information”.
NT Police’s barrister Ian Freckelton KC said on Friday the investigation was ongoing.
“The Professional Standards Command is in the process of an investigation, oversighted in the usual way by ICAC, into the matters that have been raised by Mr Rolfe and no doubt would be pleased to receive any other information from him or anyone else that’s relevant to these issues,” he said.
Friday was supposed to be Mr Rolfe’s final day of evidence but after a morning plagued by technical difficulties Coroner Elisabeth Armitage warned she may “not be in a position to complete the evidence today as planned”.
‘Pure fantasy’: Rolfe challenged on ‘skills in violence’ claim
March 1, initial: Zach Rolfe has denied it was “pure fantasy” when he claimed to have been “impressed by his skills in violence” as Kumanjayi Walker reached for his gun during a life-and-death struggle.
The former NT Police officer will face his final day in the witness box on Friday at an inquest into Mr Walker’s death after being acquitted on all charges in 2022.
On Thursday, counsel for members of Mr Walker’s family Gerard Mullins KC read from a transcript of an interview Mr Rolfe did with Channel 7’s Spotlight program after the shooting.
In it, Mr Rolfe said he “feared for my life” after Mr Walker began striking him to the head and neck area while holding a blade during the botched arrest in Yuendumu in 2019.
“At that point he stabbed me in the shoulder, I jabbed him in the face with my left hand and stepped back, my right hand instinctively went for my Glock, when I went for my Glock I felt his left hand on my Glock already,” he told the program.
“At that point I was, to be honest, I was impressed by his skills in violence, he had his presence of mind to go for my Glock with his left hand while stabbing me with his right hand.”
On Thursday, Mr Mullins asked Mr Rolfe whether he had “reflected and spent a moment or so within that six seconds thinking to yourself ‘Well he’s got great skills in violence, this guy’”.
“You’re in a fight for your life with a man who has a blade and had his hand on your Glock and you reflect ‘Well this guy’s got terrific violence skills’?” he asked.
Mr Rolfe responded by asking ‘Have you ever been in a fight for your life?’ to which Mr Mullins replied that he had not, and said: “but I’m going to suggest to you that that is pure fantasy”.
“I reject that and again, if you had someone with more experience and expertise I think that would be welcome in this instance to provide further evidence to give more information in this regard,” Mr Rolfe replied.
It was at that point counsel assisting the Coroner Peggy Dwyer SC interjected to point out that Mr Rolfe had repeatedly raised the point about expert testimony at the inquest, which began in September 2022.
“Mr Rolfe has been very ably represented by King’s Counsel and solicitor and junior counsel throughout the course of this inquest,” she said.
“As far as I know, no suggestion was ever made to the counsel assisting team that there should be a memory expert or any other expert called who has not been called.”
The inquest continues on Friday when Mr Rolfe is expected to conclude his evidence.
Rolfe, slain teen’s family leave door open to ‘reconciliation’
February 29: Zachary Rolfe and the family of the man he killed have each left the door open to “reconciliation” as the ex-cop reaches the end of his evidence at an inquest into the shooting.
At the end of her examination this week, counsel assisting the Coroner Peggy Dwyer SC asked Mr Rolfe — who was acquitted on all charges in 2022 — if there was “anything that you want the opportunity to say to Kumanjayi’s family”.
“No, I have thought about this and I don’t want to,” he replied
“I believe it’s an inauthentic way to do so in this manner, I don’t want any more public spectacle.
“(But) if they, or any of the family members want to speak to me privately, in any formal situation with other people there, I am willing to.
“After this is done, when my words can no longer be used against me, ideally.”
In Mr Rolfe’s penultimate day of evidence on Thursday, counsel for members of Mr Walker’s family, Andrew Boe, said he was “taking instructions” following the comments.
Mr Boe said “that sort of conversation would be a very confrontational one for some of them and difficult for some of them and I’m sure it would be difficult for you”.
“In terms of seeing if that sort of, if I may used the word, reconciliation, may occur, you would appreciate that they have had access to many statements that you have made since the event concerning your potential responsibility and secondly your directing criticism at some of them,” he said.
“In one of the answers that you gave (in an interview with journalist) Kristen Shorten included at least the implied if not direct criticism of them.”
But Mr Boe warned a certificate protecting Mr Rolfe from his evidence in court being used against him would not apply once he left the witness box.
“Yesterday there was an application concerning the use if any that may be made of the evidence that you’re giving about the events of the ninth of November and you now know that you’re quite protected about that (but) that protection may not well flow to the conversation happening outside,” he said.
“So I invite you to consider those matters when I’m taking you through the balance of our examination and that may provide fertile ground to broker some sort of reconciliation.”
Mr Rolfe replied: “Understood.”
The inquest continues.
‘General banter’: TRG responds to Rolfe’s explosive racism claims
Members of NT Police’s elite Territory Response Group and the force’s top brass have refuted claims the unit handed out a “c—n of the year” award, while apologising for any offence caused.
It comes after former constable Zach Rolfe told an inquest into the death of Kumanjayi Walker on Monday the TRG gave out the “Nugeda” award for “exhibiting the most c—n-like behaviour” of the year.
In a statement tendered to the inquest in response on Thursday, Senior Sergeant Meacham King — one of three officers named by Mr Rolfe at the inquest as having knowledge of the award — said the prize was one of a number awarded for members’ “biggest stuff-ups”.
Sergeant King, a member of the TRG between 2003 and 2023, said the award recognised an “outstanding lack of excellence in either hygiene and or behaviour”.
He said the award was established after a TRG member on a remote operation “failed to shower for over a week” and consisted of a piece of wood that “looks like a club”.
“The award is about a member who in any circumstance, behaves in a way or does an act that shows limited intelligence and compromises their own or others hygiene by creating a biohazard,” he said.
“My understanding is that it was seized after TRG members went to a riot at the community in the West Daly region.
“It was taken during the seizure of weapons from rival clans and it was kept because it looked cool.”
Sergeant King said the name “Nugeda” was “as far as I’m aware … a made-up name”, that “bears no reference to any person or thing”.
“From my understanding it is linked to ‘Neanderthal’, this reference is to a ‘cave man’,” he said.
“TRG members have often been made fun of, on the basis that we are thought not to have any intelligence and that we are just good at lifting heavy things.
“If there is a job to do that requires lifting or moving something, give TRG a call as they are good at moving stuff with weight but don’t ask them to do anything that requires using a brain.”
Sergeant King said the award represented “general banter” as well as being a reference to the TRG office’s nickname “the cave”.
But Sergeant King said the name of the award was changed to the “Voldemort award” in 2022 following “a thorough review” due to concerns “Nugeda” could be taken “out of context”.
“By then the unit was a lot better educated and more sensitive to the impact of perceptions and misunderstandings from the Walker Coronial Inquest,” he said.
“None of the awards have any connotation to race, the awards are not meant to be offensive.
“Notwithstanding this, I can understand how some people may be upset and confused by the awards.
“If at all it has offended anyone I (take) this opportunity to apologise.”
In a separate statement also tendered to the inquest on Thursday, Acting Assistant Commissioner James Gray-Spence said he had contacted the officer in charge of the TRG and requested the “club” be removed.
Mr Gray-Spence said Mr Rolfe’s allegations had “an immediate impact” on Indigenous members of the force and unreservedly apologised “for any hurt or offence caused”.
He said the name change had been precipitated by an “inference being drawn the existing name could be perceived as offensive”.
The inquest continues.
Rolfe denies throwing colleagues ‘under the bus’ with racism allegations
Zach Rolfe has denied throwing a senior officer “under the bus” by making racism allegations against him because he was “angry” that his evidence “didn’t back (him) up”.
The former NT Police officer will enter his fourth day of questioning on Thursday at an inquest into the death of Kumanjayi Walker after he fatally shot the teenager while on duty in 2019.
Mr Rolfe was subsequently acquitted on all charges in relation to the shooting by a Supreme Court jury in 2022.
On Monday he told the court the force’s elite Territory Response Group had given out a “c—n of the year award” at its annual party, naming several individual officers, whose names were suppressed, as potentially complicit in the racism.
In questioning Mr Rolfe further on the disclosures on Thursday, counsel assisting the coroner Peggy Dwyer SC noted that after naming those officers, his memory had failed him in regard to others.
But while Mr Rolfe agreed he had no first hand evidence to back up his claims, he denied it had made him “angry” when one of the named officers had contradicted evidence he gave at his criminal trial.
“You specifically nominated (him) as someone you had hearsay about because you were angry that he had given evidence that didn’t back you up,” Dr Dwyer suggested.
“You were happy to throw him under the bus because he was somebody who hadn’t supported you in his evidence.”
Mr Rolfe replied: “No, I believe the ruling was that if someone had given evidence in this court before then (their name) wouldn’t be suppressed.”
Mr Rolfe agreed that he would “vigorously defend” someone who was “on (his) side”, “if they’re good people and in the right”, but rejected a suggestion he wanted to “thoroughly discredit” his detractors.
“Your attitude is, I’m quoting you, ‘f—k them’?” Dr Dwyer asked, in reference to a video diary Mr Rolfe supplied to the Channel 7 program Spotlight during his trial.
“My attitude is I’m completely willing to call out people who I believe are wrong or lying,” he replied.
In the Spotlight footage played to the court, Mr Rolfe is shown criticising two other officers who he said “suffered from your basic fight, flight or freeze” when confronted with an axe-wielding Kumanjayi Walker days before his death.
“They are trying to justify themselves any way possible to let them sleep at night which is understandable,” he told the program of their evidence.
“But at the end of the day, when they’re trying to justify themselves at my expense and the expense of the police force, because it affects the police force and their training — f—k them.”
The inquest continues on Thursday.
’Sympathetic’ journo offered article in defence of Rolfe after shooting
A “very sympathetic journalist” texted Zach Rolfe to offer to “write an article in your defence” two days after he shot and killed Kumanjayi Walker, a court has heard.
Mr Rolfe returned to the witness box on Wednesday to give evidence at an inquest into the 19-year-old Warlpiri-Luritja man’s death in Yuendumu on November 9, 2019.
Mr Rolfe was acquitted on all charges in 2022 after telling a jury Mr Walker had reached for his gun after stabbing him in the shoulder with a pair of scissors during the botched arrest.
Coroner Elisabeth Armitage heard Kristen Shorten, who later published an exclusive interview with Mr Rolfe in The Australian newspaper shortly after the verdict, texted him on November 11, 2019.
“Hey mate heard the news, hope you and your shoulder are OK,” she wrote.
“Ignore the leftist reporting in the media, hopefully catch up soon.”
Mr Rolfe told counsel assisting the Coroner Peggy Dwyer SC on Wednesday Ms Shorten was a friend at the time, whose husband was a police officer.
“Hubby on his way down there today, so glad you’re OK, could have been much worse, I know what you did was totally warranted,” the journalist wrote.
“If you ever want me to write an article in your defence, with or without naming you, say the word.
“PS if or when you want, I can write it without naming you or quoting you so it sounds like we never spoke.”
Mr Rolfe replied he had “already thought about it” and “if I want to put my side out there I would always come to you”.
He eventually sat down with Ms Shorten for the article on December 5, telling Dr Dwyer on Wednesday he “already had a number of concerns with the investigation” by that point.
“I wanted to have something I could have on a USB, or multiple USBs, giving my version of events, in case the worst happened and I was found guilty, to correct the course of justice,” he said.
“This is the option I chose as an action on being the only person in this room probably that was facing 25 years in jail, so I cannot believe that you guys can comprehend the pressure that I was under and the stress that I was working with.
“What I was trying to do was protect myself, my family and my friends.”
Mr Rolfe agreed with Dr Dwyer that “at no time when you were speaking with (Ms Shorten) just weeks after the incident did you ever mention that Kumanjayi put his hand on your gun”.
“Think carefully about this, knowing that you’ve got a certificate that covers you in relation to evidence that you gave at the trial,” Dr Dwyer said.
“I want to suggest to you, Mr Rolfe that that evidence that you gave about Kumanjayi’s hand being on your gun is a lie.”
Mr Rolfe replied: “It’s definitely not.”
“If you think I look unconcerned about this, it’s because I don’t believe any expert’s been in this witness box that’s an expert in memory in regard to critical incidents,” he said.
“If you had used an expert and asked them questions about memory and critical incidents then I think they could explain how something like this could happen better than I could.”
The inquest continues.
Rolfe in last ditch bid to avoid police shooting questions
Former NT Police constable Zachary Rolfe has lost a final, 11th-hour bid to avoid answering questions about the day he shot and killed Kumanjayi Walker.
Mr Rolfe took the stand for his third day of evidence on Wednesday at an inquest into the 19-year-old Warlpiri-Luritja man’s death after being acquitted on all charges in 2022.
As counsel assisting the Coroner Peggy Dwyer SC broached the subject of the day of the shooting, Mr Rolfe refused to answer on the ground it may incriminate him.
His lawyer Michael Abbott KC said his refusal “should stand in relation to each and every question” in relation to the day of the shooting, rather than force him to proceed under the protection of an immunity certificate.
Mr Abbott said while his client had been acquitted of any wrongdoing in relation to the second and third of three shots he fired that day, the first remained the subject of potential charges, despite prosecutors agreeing it had been in self-defence.
He said there was also the prospect of “other actions that have been taken by the families, civil action”, in which “derivative use” of Mr Rolfe’s evidence could be made, even if he was issued with a certificate.
“I’m told – and this is hearsay on my part – that there’s already a writ issued in the Darwin Supreme Court in relation to these matters,” he said.
“A sort of holding writ until this Coronial inquest is finished, I haven’t seen it, and we can’t obtain it, of course, because we’re not parties to it.”
But in response, counsel assisting the Coroner Patrick Coleridge said “the balance of considerations powerfully weigh in favour of compelling Mr Rolfe to give evidence”.
Mr Coleridge said double jeopardy would prevent Mr Rolfe being charged again over the second and third shots and he would also “have a persuasive argument that a prosecution in respect of the first shot should not proceed”.
“While we concede that it is possible that there could be liability in criminal law for the first shot, it is, as a matter of law and practice, extraordinarily unlikely that there would be a prosecution of that,” he said.
Mr Coleridge said “the spectre of civil proceedings” was also “not a proper basis to object” to answering questions.
“Your honour ruled that it was but on Mr Rolfe’s appeal to the NT (Supreme Court) your honour was overturned in that regard,” he said.
“(So) it really is by the by that there might be some Racial Discrimination Act proceeding, for example, in another court.”
Barrister for the North Australian Aboriginal Justice Agency Phillip Boulten SC said if there were any current civil proceedings “they have nothing to do with NAAJA”.
“There is but the merest theoretical possibility, a textbook possibility, an exam question possibility that Zachary Rolfe might walk out of this Coronial inquest and one day be charged with the first shot,” he said.
“That is entirely unlikely to happen in this real world.”
Coroner Elisabeth Armitage ruled against Mr Rolfe and compelled him to continue to answer questions under the protection of an immunity certificate, with his examination due to resume after lunch on Wednesday.
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