Top cop rejects call to disarm police in emotional testimony about life and death moment

A top NT Police officer has recounted the moment he ‘started to squeeze the trigger’ while a man pointed a gun at him as a young police officer in Yuendumu almost 20 years ago.

NT Police Assistant Commissioner Martin Dole rejected any suggestion of ‘political interference’ in the charging of Zach Rolfe with murder. Picture: Jason Walls

A high-ranking NT Police officer has rejected calls to disarm cops in remote communities while recounting a harrowing incident in which he was seconds away from being forced to take a man’s life.

Territory Coroner Elisabeth Armitage is presiding over a long running inquest into the death of 19-year-old Kumanjayi Walker who was fatally shot by Zach Rolfe during a botched arrest in Yuendumu in 2019.

Constable Rolfe was acquitted on all charges by a Supreme Court jury in March, with Assistant Commissioner Martin Dole taking the stand at the inquest on Tuesday.

Mr Dole – who said he grew up in Yuendumu and maintained significant relationships with many community members – became visibly emotional as he testified about being confronted by an armed gunman following a routine call-out when he was stationed there as a young officer in 2001.

He recalled entering an alcove outside the house before knocking on the door, to which there was no answer.

“I pushed the door and the door swung open and standing on the other side of that door was an Aboriginal gentleman with a long arm raised to his shoulder, pointing it at both myself and my partner,” he said.

Mr Dole said both officers immediately drew their service pistols and told the man to drop his weapon, with his partner seeking cover outside while he remained trapped in the alcove.

“I made the decision at that time that I was going to have to use lethal force and I had started to squeeze the trigger,” he said.

“But for the grace of God, he put down the firearm, or he started to put down that firearm, and I didn’t have to use that lethal force.”

Mr Dole agreed with counsel for NT Police, Ian Freckleton KC, the incident was an “example of where, quite unpredictably, there can be a threat which requires a potential use of force from a firearm”.

He said, on another occasion while he was stationed in Yuendumu in the early 2000s, he and another officer were called to respond to an active shooter in Nyirripi, about two-and-a-half hours away.

Upon arriving in the community, Mr Dole said the pair were flagged down by the man’s wife, who said she believed he was still armed, and they donned their bullet proof vests.

They were subsequently told by others the man no longer had the gun before coming across him, now armed with a spear, and “running at speed in the direction of the health clinic”.

“The community advised us at that stage that he was going to spear the health staff because he believed they’d called the police,” he said.

Mr Dole said the local residents were able to also disarm the man after the officers moved their car in between him and the clinic and they got out to speak with him.

He said the officers were within a couple of metres of the man when the police radio went off in their car and as his sergeant went to answer it, the man’s “demeanour changed”.

“He looked at me and said ‘I think you should go’, I started stepping backwards and he reached behind him and pulled an axe out of the back of his pants and belt, raised it above his head and ran at me with that axe,” he said.

Martin Dole said there was no place for assault rifles in Aboriginal communities outside of ‘exceptional circumstances’. Picture: Jason Walls

“I immediately turned and ran, my first thought was here I was facing a gentleman with a large amount of community behind him, (so) I turned and ran to try and distance myself from that attack.

“He swung that axe which struck me on the vest and slid down the back of my vest, as I was running I drew my firearm, thinking that the next blow may hit me in the head and cause incapacitation.”

Mr Dole said his sergeant again managed to move the police car in between him and the other man, allowing him to get inside where the two officers spent the next two hours negotiating his surrender.

“Is this an example of the unpredictable turn of events that can require the need for a firearm, and a firearm which can be drawn quickly?” Dr Freckleton asked.

“Absolutely it is – initially we responded to a firearm incident,” Mr Dole said.

“Firearms are at the majority of communities across the NT and this was a clear, to me, a clear incident that involved police to be appropriately armed.”

But Dr Freckleton asked Mr Dole if he accepted that, “save in utterly exceptional circumstances”, there was no reason for officers to carry assault rifles in Aboriginal communities.

“Absolutely, I agree with that proposition,” he said.

“I don’t see a need for that, except, as you said, there may be exceptional circumstances that require that.”

Earlier, the court heard detectives investigating the fatal shooting of Kumanjayi Walker struggled to find interstate experts to testify in court due to fears of “cross-border conflict” after the national police union condemned the prosecution.

Territory Coroner Elisabeth Armitage is presiding over a months’ long inquest into the 19-year-old Warlpiri-Luritja man’s death after he was fatally shot by Zach Rolfe during a bungled arrest in Yuendumu in 2019.

Constable Rolfe was acquitted on all charges by a Supreme Court jury in March.

On Monday, Assistant Commissioner Martin Dole became the most senior NT Police officer to take the stand since the inquest began in early September.

Counsel assisting Peggy Dwyer read to Mr Dole from a memorandum by lead investigator on the case, detective Superintendent Kirk Pennuto, recommending sourcing paid testimony from an international expert as no one was available from interstate.

”One of the key issues that the investigation cannot fall foul of is either the real or perception of bias and an absence of independence and Operation Charwell investigators are keen to do everything possible to avoid this issue,” Superintendent Pennuto wrote.

“As it presently stands, the Australian Police Federation who represents police based in all Australian states and territories has publicly condemned the charging of Constable Rolfe.

Superintendent Kirk Pennuto told the court Constable Zach Rolfe ‘got no special treatment’. Picture: Jason Walls

“Additionally it is already known to investigators that there is likely a reluctance on the part of other Australian jurisdictions to posture critically either for or against the position of Constable Rolfe with respect to his use of force for fear of bring the Australian law enforcement community into cross-border conflict.

“As such, to be seen utilising the use of force expertise of members of the other Australian Police and jurisdiction becomes problematic.”

Mr Dole agreed it “absolutely” would have been “preferable” if investigators had been able to retain an interstate expert to testify alongside NT Police’s own expert, Senior Sergeant Andrew Barram.

Dr Dwyer asked whether Australian police forces had made any efforts to discuss “where they might assist each other fearlessly and without fear or favour, to offer a genuine expert opinion in these circumstances”.

“I have to apologise to the court, I am not aware of any such meetings or forums but I certainly myself have fostered interstate relationships where I believe that I would be able to reach out to interstate counterparts and hopefully facilitate the provision of resources into the future,” Mr Dole said.

“You understand, don’t you, that when an expert gives evidence in court they sign up to a code of conduct where their primary duty is to the court to give fair impartial evidence?” Dr Dwyer asked.

“Yes, absolutely, I understand that,” Mr Dole replied.

He agreed that “police officers should be capable of understanding that and giving expert evidence”, as Sergeant Barram had done.

Senior Sergeant Andrew Barram previously denied changing his story ‘to toe the line’. Picture: Jason Walls

“Do you think one lesson from this is that it would – I appreciate it might not be you – someone within the NT Police force might get the ball rolling on a discussion between all members of the force as to how they can properly understand that duty to Australian forums?” Dr Dwyer asked.

“Yes, very much so,” Mr Dole replied.

Dr Dwyer also noted there had been “questions raised as to whether or not there was any pressure put on police to charge Constable Rolfe from any external agencies, or otherwise”.

She asked Mr Dole whether there had been an “political interference” in the decision to charge Constable Rolfe with Mr Walker’s murder, but he said there was “absolutely none whatsoever”.

“Did you think that it was justified on the basis of the evidence that you had available on 13 November (2019), and in the absence of any explanation from Constable Rolfe, to charge him with murder?” she asked.

“Absolutely I did,” he replied.

“Do you think that Constable Rolfe was treated in any way, disadvantageously, compared to another citizen?,” she asked.

“I certainly don’t believe so, no, your honour,” he said.

“Do you think he was shown any favours?” she asked.

“No, I don’t believe so,” he replied.

The inquest continues on Friday following two days of legal arguments in the Supreme Court about the scope of questions Constable Rolfe and another officer can be compelled to answer.