Police ‘ruse’ prevented ‘catastrophic’ end, top cop tells Kumanjayi Walker inquest

Superintendent Jody Nobbs said traditional cultural ‘payback’ against police was a real risk on the night Kumanjayi Walker was shot, and not a concept that was confined to disputes between Aboriginal people.

A “ruse” police used to trick the Yuendumu community into believing Kumanjayi Walker was still alive after he was shot three times was one of two crucial factors in avoiding a “catastrophic outcome”, a court has heard.

Territory Coroner Elisabeth Armitage is presiding over an ongoing inquest into the 19-year-old Warlpiri man’s 2019 death after Constable Zach Rolfe was acquitted on all charges in March over the fatal shooting.

On Monday, Superintendent Jody Nobbs returned to the witness box in the Alice Springs Local Court where he told the court the fact the situation did not deteriorate into further violence was “a product of two things, and two things only”.

Superintendent Nobbs said those two factors were the involvement of Aboriginal Community Police Officer, Derek Williams, and other local elders, along with “the deliberate and calculated deception, the so-called ruse”.

“It’s quite clear to me, from my recollection within the (Incident Management Team) that there was a fairly substantial and quick, rapid abatement of issues, predicated on the basis that there was a broad belief and understanding that Kumanjayi Walker was still being treated in a condition and being transferred to Alice Springs,” he said.

Under questioning from barristers for several local families, Superintendent Nobbs rejected suggestions officers’ fears for their safety and that of the wider community on the night were “exaggerated”.

He said there had been a continued “increase in dysfunction and harm and crime” in the NT “despite all of our collective best efforts to resolve those issues”.

“At the present time we find ourselves, on a per capita basis, by far the unenviable highest representation of crime in Australia by well and truly far,” he said.

“In terms of manslaughter rates, we have four times the next highest, not the national average, but the next highest jurisdiction.

“We are three-and-a-half times the next jurisdiction for incidents involving injuries, we’re three times assaults, we’re two times unlawful entries, we’re four times public order.”

Superintendent Nobbs said Yuendumu was even more overrepresented in the statistics and cited his own experiences, including “a multitude of civil unrest matters”.

“The stabbing of two people, the tragic death of one, buildings burnt, cars burnt,” he said.

“The Ti Tri riots, 200 people involved, and that again predicated on Warlpiri people going into a place they weren’t welcome, resulting in issues there.

“The Ali Curung riots, again one dead, tragically, houses burnt, cars burnt, people displaced, 500 people involved there.”

Superintendent Nobbs said the common thread was “an element of perceived injustice, a grievance, mob mentality”, resulting in “substantial harm, damage, destruction and people displaced”.

Superintendent Jody Nobbs said the deception was still ‘something that doesn’t sit comfortably with me’. Picture: Jason Walls

“There’s likely to have been an articulation of an issue then quickly a deterioration into chaos and mob mentality rule,” he said.

“So I guess that’s my lived experience as to how quick these things turn and that was, I guess, what I feared at that point in time.”

Superintendent Nobbs testified that traditional cultural “payback” against police was a real risk on the night, and not a concept that was confined to disputes between Aboriginal people.

He said there were “multiple cases” where “cultural people talking about payback” had threatened police with violence in retaliation for perceived injustices in remote communities.

“Police seized some liquor, the offender in relation to that matter drives his vehicle through the police station front door to inflict payback because of issues around the seizure of liquor,” he said.

“A fatality in 2019, in another remote community, where police had to be taken out of that community through threats to kill and necessity to provide payback.

“The fatality in that community was large scale, community members attending the police station, indicating that they needed to provide payback to the police officers involved in the fatal motor vehicle accident.”

Superintendent Nobbs said while the deception of Mr Walker’s family and community was still “something that doesn’t sit comfortably with me”, he stood by the decision.

“I’m a different police officer because of this night, but I still maintain my position, based on my experience, (as) necessary at the time,” he said.

“The by-product is the harm, erosion of trust, something that’s probably going to put us back a substantial way, but again, I say, well intended on my part, to try to keep a community that I care about safe.”

The inquest continues.