Zach Rolfe got no special treatment, arresting detective Kumanjayi Walker tells inquest

‘Not one word of opposition’ was offered against granting Zach Rolfe bail after he was charged with murder, despite investigating officers being formally opposed to his release, a court has heard.

Superintendent Kirk Pennuto said he was ‘possibly’ surprised his fellow officers did not tell a judge they were opposing Zach Rolfe’s bail. Picture: Jason Walls

The detective who arrested Zach Rolfe over the shooting death of Kumanjayi Walker has insisted his fellow cop received no special treatment, despite admitting to feeling “uncomfortable” at being asked to head up the murder investigation.

Constable Rolfe was acquitted on all charges by a Supreme Court jury in March after shooting the 19-year-old Warlpiri-Luritja man three times during an attempted arrest in Yuendumu in November 2019.

His death is now the subject of a long running Coronial inquest in the Alice Springs Local Court, where Superintendent Kirk Pennuto took the stand on Monday in the penultimate week of hearings for this year.

Superintendent Pennuto said he took over the criminal investigation the day after the shooting, telling Territory Coroner Elisabeth Armitage he had initially considered asking first for Constable Rolfe’s side of the story.

“I don’t recall how but I was aware that Mr Rolfe was potentially coming in to the police station in Alice Springs to provide a version of events,” he said.

“It wasn’t until later that afternoon that I had a chance to actually gain a proper appreciation, when the body-worn video became available to me, so in that first window on the Sunday there was potentially a chance to gain a version of events.”

But Superintendent Pennuto said after he watched the footage taken from the body-worn cameras of Constable Rolfe and his colleagues “it became more problematic for me”.

“In my view, having watched that vision, we were very much on the cusp of not being in a witness basket, for want of a better description,” he said.

Superintendent Pennuto said investigating a fellow officer ‘made me uncomfortable’. Picture: Jason Walls

“I felt that the events depicted led themselves to a conversation with Mr Rolfe whereby he was potentially entitled to a caution and I was wrestling with how serious the events were.

“(I) felt that it was better to err on the side of caution and not put him in a free narrative arrangement whereby he could just talk without having been told that we are considering whether or not he might be in a different category, such as suspect.”

Superintendent Pennuto said he later received advice from then Director of Public Prosecutions, Jack Karczewski KC, there was a prima facie case to charge Constable Rolfe with murder and he declined to participate in a formal interview.

Under questioning by barrister for members of Mr Walker’s family, Andrew Boe, Superintendent Pennuto agreed his position investigating a fellow officer “made me uncomfortable”.

But he said he nonetheless conducted the probe “without fear or favour” and denied he was “particularly accommodating” in allowing Constable Rolfe to have a shower before arresting him.

“I’ve done things very similar in the past on a number of occasions, over 30 years your honour, I’m yet to receive a complaint for having not treated someone with respect and dignity,” he said.

“In this particular case, Mr Rolfe had no forensic value at that point in time, he was hot and sweaty and not properly dressed, and there was nothing lost by allowing him to do it and treating him with dignity.

Barrister Andrew Boe said police never appeared to tell a judge they were opposing bail. Picture: Jason Walls

Superintendent Pennuto said he couldn’t remember whether he had handcuffed Constable Rolfe before he was quickly granted bail by an out of hours judge, but denied he “treated him in any special way”.

He said Constable Rolfe had been refused police bail and bail was opposed by the arresting officers but Mr Boe said “it doesn’t seem that the judge was told that police were in fact opposing bail”.

“Listening to the application, not one word of opposition is expressed by Sergeant (Wayne) Newell to the grant of bail,” Mr Boe said.

“Are you surprised to hear that no submission was made opposing bail in line with your view that bail should be opposed?”

After a long pause, Superintendent Pennuto replied: “Possibly.”

The inquest continues on Tuesday.