Zach Rolfe will not be charged after police ‘re-evaluate’ perjury investigation

Police have revealed if Zach Rolfe will be charged with perjury after a judge ruled he lied about having ‘deliberately assaulted’ an Aboriginal man during an arrest.

Zach Rolfe will not be charged with perjury after a judge ruled he lied under oath about having “deliberately assaulted” an Aboriginal man during an arrest, NT Police has revealed.

The Supreme Court released the previously suppressed findings of Alice Springs Local Court judge Greg Borchers following Constable Rolfe’s acquittal in March over the shooting death of Kumanjayi Walker.

But on the fifth day of an ongoing inquest into Mr Walker’s death on Friday, counsel for NT Police, Ian Freckelton KC, told the court investigators had now decided not to refer a perjury charge to the Director of Public Prosecutions.

Earlier, Constable Rolfe’s barrister, David Edwardson KC, had argued that any discussion of the alleged assault during the inquest would have had “the very real capacity to interfere with his prospects of receiving a fair trial”.

But Mr Freckelton said he was able to update the court, saying after “further consideration by Crime Command”, a decision had been made not to refer the charge to the DPP.

Zach Rolfe's barrister David Edwardson KC arrives at the Alice Springs Local Court on Friday.

“It is a decision that has been made latterly and on the basis of consideration of all the evidence in the ordinary course of these matters being raised in respect of the re-evaluation of (that) matter,” he said.

“The DPP has not been asked for advice or involvement in respect of this as a result of the re-evaluation.”

However Mr Edwardson said his “greatest concern” was the admissibility of text messages between Const Rolfe and other police officers that could be used to cross examine him “in order to suggest that there were racial overtones” involved in the fatal shooting.

He said to do so would be “an attempt to undermine the acquittal” which was “not the function of this inquest”.

“One can well understand how issues of racial bias or motivations in a broader sense might be of concern to this inquest, of concern to the community generally and of course, of concern to the NT Police force,” he said.

“That is very different from isolating, out of context, specific text messages, even if on their face, they appear to be offensive, abhorrent, or whatever descriptor you might like to give them.”

Mr Edwardson said the challenged pieces of evidence were “red herrings” that “have all the hallmarks of a roving Royal Commission” and would “demonise” Constable Rolfe.

Ian Freckelton KC outside court.

“With all the goodwill in the world, the introduction of this evidence is so remote and removed (from the circumstances of Mr Walker’s death) that it will, we suggest, demonise Zachary Rolfe,” he said.

“Which is particularly offensive having regard to the unanimous acquittal following the exploration and detailed examination of the cause and circumstances of the tragic death of Kumanjayi Walker (at the trial).”

Mr Edwardson also flagged a potential “problem with (Coroner Elisabeth Armitage) presiding” over the inquest, after revealing she had been privy to parts of a draft Coronial report that may be the subject of legal professional privilege.

“As long as the Proctor report remains in its redacted form and (all parties) do not have access to that which the Coroner’s court has, the situation is simply untenable,” he said.

The inquest will resume on Monday for further legal arguments.