Zach Rolfe: ICAC announces investigation into murder charges

NT Police have said they will cooperate with an ICAC investigation into the decision to charge Zach Rolfe with murder.

UPDATE 12PM: INDEPENDENT Commissioner Against Corruption Michael Riches has launched an investigation into the decision to charge Constable Zachary Rolfe with murder.

The investigation was announced after the notes of several police detectives working on the case revealed they had concerns about the “abnormal” haste with which the murder charge was pursued.

Mr Riches said he would consider holding public hearings as part of his investigation.

“I will investigate allegations of improper conduct relating to the arrest and charge of Mr Zachary Rolfe,” he said.

“My investigation will focus upon the period between the shooting incident and the presentation of Mr Rolfe for charging.

“In due course I will consider whether I will hear some or all witnesses by way of public inquiry.

“If that occurs notice will be given in accordance with section 39 of the ICAC Act.

“I will conduct the investigation as expeditiously as my resources will allow.

“Any action taken as a consequence of the investigation, including the making of reports or public statements, will be in accordance with the ICAC Act.

“I will not offer a running commentary on the investigation, and I have no further statement to make at this time.”

NT Police say they will cooperate with the investigation.

“Northern Territory Police have been advised that the Independent Commissioner Against Corruption will investigate the process that led to the arrest and charging of Constable Zachary Rolfe,” NT Police said in a statement.

“NT Police will cooperate fully with the inquiry. As the matter is now before the ICAC there will be no further comment.”

Speaking at a press conference two hours before the investigation was announced, Chief Minister Michael Gunner said he did not believe an independent inquiry into the decision to charge Constable Rolfe was necessary.

He said the matter had passed through a committal hearing before Constable Rolfe stood trial.

“Police have a process to make sure that their investigation stacks up, then the prosecution also has a responsibility to only take anything forward that they think has a reasonable chance at success,” he said.

“And then there’s a stage again at the courts where a case has to genuinely stack up.

“Courts aren’t there to waste their time. So for me there’s a lot of processes here. We’re talking about the criminal justice system, I have faith in the criminal justice system, obviously the courts have separation of powers to the legislature and the executive. I have confidence in those processes.”

UPDATE 10.15AM: INDEPENDENT Commissioner Against Corruption Michael Riches has launched an investigation into the decision to charge Constable Zachary Rolfe with murder.

The investigation was announced after the notes of several police detectives working on the case revealed they had concerns about the “abnormal” haste with which the murder charge was pursued.

Mr Riches said he would consider holding public hearings as part of his investigation.

“I will investigate allegations of improper conduct relating to the arrest and charge of Mr Zachary Rolfe,” he said.

“My investigation will focus upon the period between the shooting incident and the presentation of Mr Rolfe for charging.

“In due course I will consider whether I will hear some or all witnesses by way of public inquiry.

“If that occurs notice will be given in accordance with section 39 of the ICAC Act.

“I will conduct the investigation as expeditiously as my resources will allow.

“Any action taken as a consequence of the investigation, including the making of reports or public statements, will be in accordance with the ICAC Act.

“I will not offer a running commentary on the investigation, and I have no further statement to make at this time.”

MORE TO COME

EARLIER: INDEPENDENT Commissioner Against Corruption Michael Riches is expected to make an announcement today about an investigation into the decision to charge Constable Zach Rolfe with murder.

Constable Rolfe was charged less than four days after he shot dead Indigenous man Kumanjayi Walker during a failed arrest attempt at Yuendumu on November 9, 2019.

Earlier this month a jury found Constable Rolfe not guilty of murder and the reserve charges of manslaughter and engaging in a violent act causing death.

After the verdict Constable Rolfe’s barrister David Edwardson QC labelled the police investigation a “disgrace” and said his client had been charged in the absence of any meaningful investigation.

Mr Riches subsequently said he was considering an investigation and called for anyone with information about the events leading up to the murder charge to come forward.

Asked about the status of any possible investigation, an ICAC spokeswoman said: “The Commissioner will have more to say (on Tuesday).”

NT Police say they will co-operate with any investigation.

The Australian newspaper has previously reported concerns that were raised by detectives working on the investigation about how quickly Constable Rolfe was charged.

In her official police statement, Detective Sergeant Isobel Cummins says: “On numerous occasions, I and other investigators had voiced our concerns regarding the rushed process regarding this decision and the fact we were not comfortable with the current situation without a full assessment of the evidence and ability to investigate objectively.”

Detective Sergeant Mark Grieve noted his concerns investigators were being pushed to interview Constable Rolfe as a matter of urgency.

“Member disagreed with this direction due to large amount of evidence/information to yet be reviewed,” he noted.

“Conversation had with (Detective Sergeant Kieran) Wells and (Detective Sergeant Leith) Phillips when they were advised of above.

“Consensus that this appears to be an abnormal situation and none of the members are completely happy with the report to bring interview forward or DPP involvement.”

Police Commissioner Jamie Chalker and Chief Minister Michael Gunner have denied there was any political influence in the decision to charge Constable Rolfe.

During an interview on Mix FM – four days after Constable Rolfe was found not guilty – Mr Gunner described those calling for an independent investigation as “conspiracy nuts”, but said Mr Riches could conduct an investigation if he saw fit to do so.

Mr Riches predecessor, Ken Fleming QC, was appointed to oversee the police investigation into Mr Walker’s death.

But he had to recuse himself from that role after he attended a protest rally in Alice Springs two days after Constable Rolfe was charged and told the crowd: “One of the most important messages today is black lives matter. Anybody who says contrary to that is guilty of corrupt behaviour.”