NT Police refer complaint against detective Wayne Newell over Zach Rolfe murder investigation to ICAC

Acting Deputy Commissioner Michael White said the force would ‘review the information that’s been provided’ and ‘thoroughly investigate any allegation that’s been made’.

Police have referred a complaint against a detective who investigated former constable Zach Rolfe before he was acquitted of murder to the Territory’s corruption watchdog.

Mr Rolfe's solicitor Luke Officer wrote to NT Police Acting Commissioner Michael Murphy last week detailing five actions taken by Senior Sergeant Wayne Newell he said were of “very serious concern”.

They included accusations he amended and edited the evidence of an independent expert witness and withheld evidence that would have been favourable to Mr Rolfe.

On Wednesday, Acting Deputy Commissioner Michael White confirmed the complaint had since been referred to NT Independent Commissioner Against Corruption Michael Riches.

Mr White said while he would not “talk about specifics”, the force would “review the information that’s been provided” and “thoroughly investigate any allegation that’s been made”.

“Well, I’m not going to talk specifically about the allegations but we have received a letter from the lawyer representing Mr Rolfe,” he said.

“We’re investigating the contents of that letter and assessing the information that’s been provided and will determine where the investigation goes.”

Mr Rolfe was found not guilty on all charges by a Supreme Court jury last year after fatally shooting Warlpiri-Luritja teenager Kumanjayi Walker during botched arrest in Yuendumu in 2019.

Police to investigate complaint against Zach Rolfe case detective

NT Police will investigate a complaint against a senior detective involved in the murder investigation into former constable Zach Rolfe following a complaint from his lawyers.

Mr Rolfe’s legal team lodged the complaint last Friday in a letter sent to Acting Police Commissioner Michael Murphy.

Mr Rolfe was charged with murder over the November 2019 shooting of Indigenous man Kumanjayi Walker at Yuendumu, about 300km northwest of Alice Springs. Last year a jury found him not guilty.

In the complaint, Mr Rolfe’s lawyer, Luke Officer, detailed five actions taken by detective Senior Sergeant Wayne Newell he said were of “very serious concern”.

They include accusations he amended and edited the evidence of an independent expert witness and that he withheld evidence that would have been favourable to Mr Rolfe.

“When one looks to the context of this case and its investigation, it gives the impression of an attempt to gather evidence to fit the prosecution case,” Mr Officer wrote.

“These matters are cause for significant concern. Not the least of which is the concern held by our client whose life was altered in an irreparable way at the age of 28 when he was charged with murder.

“In our view he should never have been charged at all. The investigative conduct at best leaves a lot to be desired and at worst, it was flawed and biased from the start.”

In response to questions about the complaint a spokeswoman for the force said: “NT Police are aware of the letter addressed to Acting Commissioner Murphy dated 16 June 2023.”

“Police will be investigating the allegations and it would be inappropriate to comment at this stage,” she said.

In the letter, Mr Officer references draft coronial reports by Superintendent Scott Pollock and Commander David Proctor which he claims raise concern about Sergeant Newell exchanging emails with Geoffrey Alpert, an American criminologist paid almost $100,000 by NT Police to act as an independent witness.

In emails attached to Mr Rolfe’s complaint, Professor Alpert asked Sergeant Newell for suggested changes to a draft of his report which concluded the second and third shots fired by Mr Rolfe were an excessive use of force.

Zach Rolfe’s lawyers have raised ‘very serious concern’ over actions taken by detective Senior Sergeant Wayne Newell during the investigation.

In one email sent to Sergeant Newell on February 14, 2020, and attached to Mr Rolfe’s complaint, Professor Alpert wrote: “I am attaching a draft of my preliminary report”.

“It will give you an idea of the direction I am taking,” he wrote.

“Please let me know if there is more to review and if there is anything I have missed.”

Sergeant Newell responded: “Thank you very much for that Geoff. Myself and (Superintendent) Kirk (Pennuto) will have a look and get back to you.”

In another email to which Professor Alpert attached his bill, he wrote that he looked forward to catching up with the two officers during a future visit to the Northern Territory.

“Please give my best to Kirk and let him know I will not let him off his offer for a beer. I look forward to meeting both of you in person at your favourite pubs!” he wrote.

“Do you think I will be asked to formulate a report for the Coroner’s Office? As you know I have the ‘guts’ already prepared and just need to swap out the different, and more comprehensive, opinions and conclusions.”

In his letter to Mr Murphy, Mr Officer wrote: “It goes without saying that an expert report is supposed to be compiled independent from any preconceived views of partiality.”

“It seems that it might not have been the case in this matter,” he wrote.

Mr Officer also raises concerns that expert opinions given to police by independent witnesses that would have been favourable to Mr Rolfe’s case were withheld from the defence.

He writes that two independent expert witnesses – Keith Towsey and Paul Botterill – had given Sergeant Newell an opinion that the scissors used by Mr Walker to stab Mr Rolfe before he was shot had the capacity to inflict a lethal blow.

Zach Rolfe's solicitor Luke Officer has asked police to conduct a ‘comprehensive and independent investigation’ into his concerns. Picture: Jason Walls

Instead, the prosecution relied on the evidence of forensic pathologist Marianne Tiemensma.

“Both Dr Botterill and Dr Towsey were approached by (Sergeant) Newell for comment and opinion on the same topic,” Mr Officer wrote.

“They both gave an opinion, Dr Towsey’s verbal, and Dr Botterill’s in writing, in relation to the lethality of the scissors.

“Both experts expressed (an) opinion that was in stark contradiction to that of Dr Tiemensma, and both of their opinions were that the scissors could have caused serious injury or death to either Constable Rolfe or (his partner) Constable (Adam) Eberl.

“Those opinions were not disclosed to Constable Rolfe’s legal team. While it was said that the failure to disclose the opinion of Dr Botterill was an oversight on behalf of the DPP, (Sergeant) Newell knew of its existence (as at 29 July 2020) and those opinions were obtained well in advance of the criminal trial and yet they were still not disclosed to Constable Rolfe’s legal team.

“It only became clear by sheer luck that before each of those witnesses was due to give their evidence that they had been approached by (Sergeant) Newell for this supplementary opinion, and gave that supplementary opinion, either in writing or verbally.”

Mr Officer asked Mr Murphy to give “full attention” to the issues raised in his letter and that they be formally investigated.

“At the very least, serious disciplinary action may be warranted,” he wrote.

“At this stage, of course, any outcome will depend upon a comprehensive and independent investigation being undertaken.”

Sergeant Newell was contacted for comment.

Matt Cunningham is the Sky News Darwin Bureau Chief and North Australia correspondent.