The NT cops who will be back in court in 2023
In a bumper year for police laying charges against their own, these are all the officers who will return to courtrooms in 2023.
Police & Courts
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Following the high profile acquittal of Zach Rolfe in March over a 2019 police shooting, there’s been a steady stream of cops facing criminal charges in Territory courts since last year.
Mr Rolfe is no longer facing criminal charges but he has been compelled to make an appearance in the witness box at the coroner’s court.
Another prominent officer’s trial also resulted in a finding of not guilty this year, and while they all retain the presumption of innocence, here are the officers still before the courts.
Matthew Kevin Lea-Smith
In June, experienced police negotiator Matthew Lea-Smith faced the Darwin Local Court charged with “failure to rescue”.
Lea-Smith sat stoically in the packed courtroom, his arms crossed over his lap as the case was assessed by judge Ben O’Loughlin.
Crown prosecutor Marty Aust said at least four weeks was needed as there was “a lot of material” for defence lawyer Ray Murphy to assess as it headed to the Supreme Court.
The charge is contained in section 155 of the NT Criminal Code which provides that any person who is able help someone whose life may be in danger is obliged to do so.
A person who “callously fails to do so” may be criminally liable for their inaction and could face up to seven years in jail.
Lea-Smith will next face the Supreme Court on August 10.
Sandi Mellon
NT water police officer-in-charge Sandi Mellon has vowed to fight charges of assault, trespass and making a threat to kill following an incident in a Darwin home in August.
The 46-year-old was also charged with disorderly behaviour and it will be alleged her obscene language was loud enough to be heard from the street.
In February, her lawyer Ray Murphy told the Darwin Local Court the charges were contested, asking for a hearing to resolve disputes over the alleged facts.
In April, Chief Judge Elizabeth Morris adjourned the case for a directions hearing on April 17, with Mrs Mellon not required to attend if legally represented.
Virginia Read
Professional Standards Command detective Virginia Read faced the Darwin Local Court in September charged with one count of aggravated assault.
The acting Commander’s lawyer, Ray Murphy, indicated the senior police officer would be contesting the assault allegation and asked for a directions hearing date.
The 55-year-old had been a part of the Professional Standards Command, a division of the police that investigates complaints against officers.
As recently as March 2022, she was quoted in the media in her role as the Detective Acting Commander for the Professional Standards Command.
The Neighbourhood Watch NT website also said Read was the vice-president of the board of management.
She was awarded the National Police Service Medal, according to the NTPFES annual report, in 2014-15.
Her case returns to court for a hearing on July 18.
Neil Ryan Mellon
The former top cop embroiled in an alleged plot to destroy evidence related to the fatal crash that killed Outback Wrangler star Chris ‘Willow’ Wilson, Neil Mellon, returned to court in April.
The one time acting Senior Sergeant is one of three people who allegedly interfered with the investigation into a remote fatal helicopter crash on February 28.
The senior officer, Outback Wrangler star Matt Wright and Remote Helicopters Australia director Michael Keith Burbidge were all charged in relation to the West Arnhem crash.
Mr Wilson and his 28-year-old pilot Sebastian Robinson were flying in a Robinson R44 during a crocodile egg collecting mission when the chopper went down over the King River.
There is no allegation of wrongdoing by Mr Robinson.
Mellon, 47, initially faced 32 charges, including attempting to pervert the course of justice, destroying evidence and making a false declaration, as well as a range of firearm and wildlife charges.
But in December, prosecutor Steve Ledek told Darwin Local Court fresh evidence would result in a new charge.
Mr Ledek said there was new evidence relating to the allegations of attempting to pervert the course of justice, destroying evidence and making a false declaration.
“There is additional evidence … that will be accompanied with the additional charge,” he said.
Mellon will return to court on May 31.
Zach Rolfe
After Zach Rolfe was acquitted on all charges over the shooting death of Kumanjayi Walker in March, he returned to court in November, this time as a witness in a Coronial inquest.
Constable Rolfe only appeared briefly at the inquiry before refusing to answer any more questions on the basis his answers might expose him to internal NT Police disciplinary proceedings.
Following an appeal to the Supreme Court, Justice Judith Kelly affirmed a ruling by Territory Coroner Elisabeth Armitage compelling him to testify.
Justice Kelly said Constable Rolfe’s lawyers’ contention that witnesses could be compelled to implicate themselves in a crime but not an internal disciplinary proceeding “would be an absurd result”.
“It would subvert the whole purpose of section 38 since, in the case of police officers and other public officials, almost all criminal acts would also have potential disciplinary consequences with the result that the Coroner could almost never require police officers (and others) to answer such questions on the provision of a certificate,” she said.
Constable Rolfe is now due to retake the stand in July.
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