Zach Rolfe trial: ‘Consequences to flow’ from ‘appalling’ investigation, lawyer warns

‘Consequences will flow’ from what Zach Rolfe’s lawyers claim was an ‘appalling investigation’ and ‘flawed prosecution’ of the NT Police officer, his barrister has warned.

“CONSEQUENCES will flow” from what Zach Rolfe’s lawyers claim was an “appalling investigation” and “flawed prosecution” of the NT Police officer, his barrister has warned.

Speaking outside the Supreme Court after not guilty verdicts were handed down on all charges against Constable Rolfe on Friday, his lead counsel, David Edwardson QC, said there were “no winners in this case”.

“A young man has died and that’s tragic,” he said.

“At the same time, Zachary Rolfe, in my view, was wrongly charged in the first place – it was an appalling investigation and that’s very much regrettable.

“A number of public figures have had quite a lot to say before he was charged and, again, that’s regrettable and unfortunate.

“But I have one last thing to say – consequences will flow.”

David Edwardson QC speaks to media outside court. Picture: (A)manda Parkinson

Also speaking outside court after the acquittal, Crown prosecutor in the case, Philip Strickland SC, said he fully respected the not guilty verdict, while hinting at further revelations to come via a Coronial inquest.

“The shooting at Yuendumu raises issues, not all of which could be explored at this trial,” he said.

“We anticipate that those issues and the evidence that could not be examined at this trial will be very carefully scrutinised at the inquest.

“It is our view that the family of Kumanjayi Walker and the Warlpiri community, and indeed the Australian people, deserve no less than full scrutiny.”

Mr Strickland also thanked the members of Mr Walker’s community whom he and his legal team had come to know through the course of the prosecution.

“Before this trial started, we travelled to Yuendumu to meet the family of Kumanjayi Walker and to meet the Warlpiri community, and we met them, and we met them again when they came to Alice Springs for the committal hearing, and we met them again when they came to this court for this trial,” he said.

“We would like to acknowledge their presence and we would like to acknowledge their grief and we would like to acknowledge the dignity that they have shown throughout this whole court case.”

Rolfe and team react to not guilty verdict

ZACH Rolfe exchanged hugs with his lawyers and supporters and shook hands with his dad as his mum wiped away tears watching her son leave the dock, once more a free man.

Speaking outside court Constable Rolfe said he was pleased with the outcome but would not be taking any questions.

“Obviously I think that was the right decision to make,” he said.

“But a lot of people are hurting today, Kumanjayi’s family and his community and it didn’t need to get to this point, so I’m going to leave this space for them.”

NT Police Association president Paul McCue said “today, thankfully, we’ve seen justice prevail”.

“Obviously this has been a very traumatic two plus years for a lot of people, as we’ve spoken about previously, it was a tragic day, a young man lost his life,” he said.

“But let’s not forget, Constable Rolfe and Constable Eberl were set upon viciously and they followed their training.”

Rolfe's defence gives a statement outside NT Supreme Court after the jury delivered a not guilty charge on all three counts. Picture: (A)manda Parkinson

Mr McCue said it was a “travesty” that Constable Rolfe was charged “so quickly and without a thorough investigation” and the union would have “more to say in the coming days”.

“I’d like to thank the legal team, Constable Rolfe, his family have been incredibly strong through a difficult time,” he said.

“The Police Association has stood side-by-side with him and his family and we’re grateful today that he can get on with his life.”

In a written statement after the verdict, NTPA president Paul McCue expanded his words on the courthouse steps.

“The jury verdict was justification of our concerns relating to the charging of Constable Zach Rolfe from the very beginning, that is there was clearly never enough evidence to lay a charge of murder,” he said.

“The evidence produced by the Crown during the trial plainly fell short of what you would expect with such a serious allegation.

“Let’s not forget, Constable Rolfe was viciously attacked without provocation and Constable Eberl was then left in close combat with an armed assailant, anyone of them could have been killed that night, and thankfully they were not. We are also grateful Constables Hand and Smith were also able to go home after their serious incident a few nights earlier.

“Sadly, and tragically, the deceased in all likelihood would still be alive today had he not lied to police about his identity and complied with police instructions. By not doing so, he set a chain of events in motion which ultimately cost him his life.

“We held the view from the beginning, and still do today, Constable Rolfe simply followed his police training when confronted with that life threatening situation. This was ultimately confirmed by the jury today.”

The NTPA maintains the incident was undeniably tragic in what was ultimately a very dangerous workplace incident, and another example of how police put their lives on the line for the community.

However, Mr McCue said members of the police force had a “lot of questions resulting from the arrest and charging” of Mr Rolfe.

“We intend to make a further comprehensive statement regarding this matter in the coming days,” he said.