Zach Rolfe ‘commended’ for ‘humiliating’, violent arrest of boy in bin, Kumanjayi Walker inquest hears

An inquest into the death of Kumanjayi Walker has been played footage of Zach Rolfe engaged in the violent, ‘humiliating’ arrest of another Aboriginal teenager a year before the fatal shooting.

It’s August 2018 and a traumatised and cognitively impaired 14-year-old boy cowers inside a wheelie bin in an empty schoolyard in Alice Springs, captured on footage later played at an inquest into the death of Kumanjayi Walker.

Outside, police are searching for the “slight”, young man, who is on the run after breaching his bail, and the body-worn camera footage shows Constable Zach Rolfe approach the open bin.

In what the inquest heard was an “act of unnecessary cruelty”, Constable Rolfe slams the bin lid down over the boy’s head.

“Got him,” he declares, before violently smashing the wheelie bin to the ground and dragging the boy out onto the bitumen where he cuffs and arrests him.

“Sorry for running, sir,” the boys apologises.

“Sorry sir, there’s no need to be rough.”.

One year later, Constable Rolfe’s body-worn camera would again capture him attempting to arrest an Aboriginal teenager, only this time, Kumanjayi Walker would not survive the encounter.

Territory Coroner Elisabeth Armitage is now presiding over a long running inquiry into the Warlpiri man’s fatal shooting in Yuendumu in November 2019, with Superintendent Jody Nobbs continuing his evidence in the Alice Springs Local Court this week.

Constable Rolfe was acquitted on all charges in March this year over Mr Walker’s death and on Tuesday the inquest heard that not only was he also cleared of any wrongdoing in the 14-year-old’s arrest, but received a “commendation” for his efforts.

Under questioning about the footage by counsel assisting the Coroner, Peggy Dwyer, Superintendent Nobbs said while “there’s probably a plethora of information that I’m not privy to”, “it prima facie looks excessive”.

Superintendent Jody Nobbs outside court with Deputy Commissioner Murray Smalpage. Picture: Jason Walls

“On reflection, I can see the small-statured 14-year-old contained in a bin, seems contained, wasn’t going anywhere,” he said.

Superintendent Nobbs said other “options were available in terms of engaging the youth”, “as an alternative to what would appear to be a forceful pulling of the bin to the ground”.

“It certainly doesn’t look to align with our training,” he said.

Superintendent Nobbs told Dr Dwyer Constable Rolfe’s actions could have resulted in the child being injured and agreed besides, it was also “humiliating”.

“It certainly doesn’t lean towards a positive relationship with police going forward,” he said.

North Australian Aboriginal Justice Agency barrister, Phillip Boulten SC, told the court NT Police’s Professional Standards Command had reviewed the incident and cleared Constable Rolfe of any wrongdoing.

“The PSC found specifically that Mr Rolfe should be commended for the wearing of his body-worn camera footage, and that the complainant’s complaint was inaccurate because he didn’t mention being in a bin,” he said.

“(But) it’s obvious that, irrespective of the 14-year-old boy’s inaccuracies, that there is something wrong with what happened there, right?”

In response, Superintendent Nobbs said: “Prima facie, based on the narrow lens that I’ve been provided, yes”.

“Prima facie, I don’t see any commendable actions there.”

He also agreed with Parumpurru Committee of Yuendumu Community lawyer, Julian McMahon SC, that “prima facie”, Constable Rolfe’s actions were “very violent”, “unnecessarily cruel” and “completely and absolutely unacceptable”.

Zach Rolfe is due to appear at the inquest later this month. Picture: Glenn Campbell

“Can I suggest that as part of the huge cultural shift which is needed to deal with some of the problems identified in this inquest already, that the process of reviewing alleged use of force inappropriately, that process itself needs a radical overhaul?” Mr McMahon asked.

Superintendent Nobbs said, again, “prima facie”, “that doesn’t look good from my perspective, but I have no appreciation of the full factors considered in that”.

When Ms Armitage asked, “in your wildest imagination”, what possible factors could have potentially influenced his initial view of the footage, Superintendent Nobbs said “I genuinely can’t think of anything”.

“But I’m not the author of the report, nor was I the person that undertook the investigation, and I’m perplexed as to how that was the outcome reached,” he said.

“I’ve seen a lot, your honour, in my day and I’m struggling to see what potential additional elements would have impacted that response, but again, I don’t think it’s a fair question for me.”

The inquest continues.