Fourth question of law referred to Full Court in Zach Rolfe murder case

A fourth question of law in the murder trial of NT Police officer Zach Rolfe has been referred to the full bench of the Supreme Court after the case was adjourned last week.

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A FOURTH question of law in the murder trial of NT Police officer Zach Rolfe has been referred to the full bench of the Supreme Court after the case was adjourned last week.

Rolfe stands charged with the murder of 19-year-old Kumanjayi Walker in Yuendumu in 2019 and has indicated he intends to plead not guilty.

On Thursday, trial judge Dean Mildren referred three questions relating to a potential immunity from prosecution under the Police Administration Act (PAA) to the Full Court.

The questions relate to provisions of the PAA designed to protect police from criminal charges for things they do while acting in the course of their duties.

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On Tuesday, Justice Mildren asked the court to consider a fourth question relating to the PAA as well as another potential immunity under the Criminal Code Act.

“The accused, Zachary Rolfe, is charged with murder contrary to s156 of the Criminal Code,” the referral reads.

“In the alternative, the accused is charged with reckless or negligent conduct causing death, contrary to s160 of the Criminal Code. In the further alternative, the accused is charged with engaging in a violent act which caused the death of the deceased contrary to s161A(1) of the Criminal Code.

“In these circumstances, is a defence under s148B of the Police Administration Act 1978 potentially open in light of s208E of the Criminal Code and in circumstances where the accused has raised the defence provided by s43BD of the Criminal Code?”

Section 43BD relates to self-defence while s208E provides that a police officer acting in the course of their duties is exempt from criminal responsibility if their conduct is “reasonable in the circumstances”.

The Full Court is due to convene to consider the legal questions on Wednesday with a date for the trial still yet to be set.

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