Kumanjayi Walker’s cousin, grandmother react to Deputy Commissioner Murray Smalpage’s apology

The cousin and grandmother of an Aboriginal man fatally shot by Zach Rolfe have welcomed an apology from NT Police’s top brass, but say questions over Kumanjayi Walker’s tragic death remain.

Kumanjayi Walker's grandmother Yamurna Oldfield says the key to keeping troubled youths on the straight and narrow is to ‘take them out to the bush and teach them’ culture. Picture: Jason Walls

After another two weeks of gruelling sittings in the Alice Springs Local Court, for the family and friends of Kumanjayi Walker, the slow advance of the proverbial wheels of justice must by now seem almost interminable.

Following what can only be three of the longest years in the lives of the 19-year-old Warlpiri-Luritja man’s loved ones, one of the final milestones came in late February in the form of a long-awaited apology from top cop Murray Smalpage.

As the highest ranking officer to front the inquest into Mr Walker’s death and the official face of the NT Police force, Mr Smalpage offered his “sincere condolences and sympathies” to the entire Yuendumu community.

It came almost 12 months to the day since Constable Zach Rolfe was acquitted on all charges after shooting Mr Walker three times during a botched arrest in Yuendumu in 2019.

“We are sorry for Kumanjayi’s passing and for the circumstances of his passing,” Mr Smalpage said.

“We are sorry too for the distrust caused by not promptly informing his family and the community of his death.

Deputy Commissioner Murray Smalpage said police need 300 more pairs of boots on the ground to meet demand. Picture: Jason Walls

“We apologise that Kumanjayi’s transfer to the police vehicle consisted of dragging which, understandably, caused distress to his family and community.”

For Mr Walker’s cousin, Samara Fernandez-Brown, who has been a constant presence inside and outside the courtroom since the inquest began six months ago, the Deputy Commissioner’s words were welcome, up to a point.

“He obviously started off with the apology which was great to hear but it was obviously difficult when he was then cross examined and there were parts of the apology that were then sort of rebutted,” she said.

“I think it just shows, with identifying those key flaws, how terrible that arrest was and how ill-equipped the police force were to be able to carry out those kind of arrests and the really big need in refining their own structures and policies.”

But despite Mr Smalpage’s exhaustive evidence, given over several days and punctuated by technical difficulties that at times had court staff literally struggle to keep the lights on, almost inevitably, Ms Fernandez-Brown says there are still “lots of questions that still need to be answered”.

Kumanjayi Walker's cousin Samara Fernandez-Brown says NT Police’s calls for more police on the streets are ‘very concerning’. Picture: Jason Walls

“I know family in particular are quite interested in knowing what is happening to those police officers that were sending those very racist text messages and remarks,” she said.

“I think there’ll be lots that still needs to be answered for but hopefully they have been able to see that there are lots of flaws and they come out and talk to community and are able to work through what community want, and what community policing looks like, and how people are actually going to be able to feel safe in their own communities.”

While acknowledging the positives, Ms Fernandez-Brown says it’s also “very concerning” that part of Mr Smalpage’s response to questions at the inquiry involved a call for hundreds more police officers on the street.

“For us the concern is not about having more police in community, but having the right people and having the right types of policing,” she said.

“I think it’s about finding other organisations that minimise the need for a police presence constantly in community.”

Kumanjayi’s grandmother, Yamurna Oldfield, also welcomed the apology from the force, as well as those “good” police officers who sought her out on the lawns outside court to offer their own condolences.

But she too still has unanswered questions.

Kumanjayi Walker's mother Leeanne Oldfield paints Coroner Elisabeth Armitage’s forehead during a court visit to Yuendumu in November. Picture: Jason Walls

“We had Aboriginal policemen there at Yuendumu, why did they just barge in? They should have asked (Aboriginal Community Police Officer) Derek (Williams) to arrest my grandson,” she said.

“Maybe next time if he’s chasing someone maybe he might do that but he should have done that (this time), not sending police to catch him.”

Ms Oldfield says the key to getting young people who have had brushes with the law back on track – both in Yuendumu and Alice Springs, where the issue has dominated headlines in recent weeks – is to support them to reconnect with culture.

“Take them out to the bush and teach them,” she said.

“There’s no old people now at Yuendumu, only a few, maybe boys should be taken by old men and teach them culture.”

Ms Oldfield said she was trying to play her part through work with the Warlpiri Youth Development Aboriginal Corporation, helping young girls to “get away from town or from Yuendumu”.

“I’m trying to take girls you know, with WYDAC, I really want to take them out every weekend or in the afternoon, just tell them stories, look for something else, teach them how to hunt,” she said.

Kumanjayi Walker's grandmother Yamurna Oldfield says there should be more funding for youths to reconnect with culture in Yuendumu. Picture: Jason Walls

“We can sit around the fire and sing, teach them, it’ll be really great, we should have funding for that.

“I just want kids to learn traditional stuff, because they’re on the phone all the time, take them out bush.”

As a youth worker herself, Ms Fernandez-Brown has seen first hand how Elders sharing culture with younger generations can work to help teenagers turn away from a life of petty crime.

“Even kids that seem to have anti-social behaviours and that are sort of acting out and getting involved in crime, the minute you take them out bush or your start doing cultural activities you see such a difference in their personality,” she said.

“I think one big thing is that there’s a lack of is just asking the youth themselves what they want, what is going to support them and what their stories are because often those kinds of behaviours are linked to something else.

An image of Kumanjayi Walker supplied by his family.

“Often times it’s a personal issue or a family issue, but sometimes they’re just bored and there’s not enough around, not enough to do and so we try to bridge that gap.”

With the penultimate round of hearings now over, the officer most intimately involved in Mr Walker’s death, Zach Rolfe, is still yet to apologise to his family and loved ones, after invoking a legal privilege in November last year.

So too is one of the most senior officers caught out in racist text exchanges with Constable Rolfe, Sergeant Lee Bauwens, who also argued his answers to questions about them could land him in hot water with his employer.

Both men, who remain on the NT Police payroll, are now due to give evidence in the Alice Springs Local Court in July, pending an ongoing appeal in the Supreme Court.