Judge denies prosecution move to suppress report details in Zachary Rolfe case

Reports sought by constable Zachary Rolfe’s legal team ahead of his murder trial were “buried” by the prosecution and NT Police because they included opinions that went against the prosecution case, a court has heard.

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REPORTS sought by constable Zachary Rolfe’s legal team ahead of his murder trial were “buried” by the prosecution and NT Police because they included opinions that went against the prosecution case, a court has heard.

Rolfe’s defence lawyer David Edwardson QC appeared in the Darwin Supreme Court on his client’s behalf on Friday and argued for the reports, which were handed over heavily redacted because of “legal professional privilege” following a subpoena, to be released in full to the defence.

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He told the court the draft coronial reports, compiled by Superintendent Scott Pollock, disagree with evidence expected to be given at trial by some of the prosecution’s expert witnesses.

“What the DPP and the Northern Territory Police did not disclose was that Mr Pollock … set out in detail in the draft reports why those expert opinions were misconceived, ill-informed, and wrong,” Mr Edwardson said.

He also said the report’s progress was halted by NT Assistant Police Commissioner Nick Anticich.

“They are reports that were buried … there was an attempt made, as is self-evident from the documents produced, by an Assistant Commissioner to not disclose them to the defence and put it off until after the criminal prosecution had proceeded,” Mr Edwardson said.

Lawyer for NT Police Commissioner Jamie Chalker, Mary Chalmers, disputed the claim that he had been involved in intentionally keeping the “Pollock reports” from being handed to defence. “I do wish to correct the record, particularly given some of the more emotive statements that have been made and one of which has been reported in the media to the effect that the Commissioner has been attempting to hide information. That’s simply not the case,” Ms Chalmers said.

Speaking outside court, NT Police Association president Paul McCue said the union continued to support all the officers involved in the upcoming trial.

Justice Dean Mildren will hand down his judgment as to whether or not the reports should be disclosed in full on a date to be set.

Rolfe stands charged with the murder of Yuendumu teenager Kumanjayi Walker in 2019.

The trial will be heard in Darwin and will run for five weeks from July 2021.

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