Judge in Rolfe trial rules second tranche of documents remain secret

Chief Justice Michael Grant ruled documents sought by the Crown relating to Zach Rolfe’s fellow officers’ discussions with their lawyer, Ray Murphy, in the wake of the shooting were off limits.

• Judge denies prosecution move to suppress report details in Zachary Rolfe case
• NT Police told to hand over reports for Zach Rolfe murder trial

THE much anticipated murder trial of NT Police officer Zach Rolfe is one step closer, following the latest mention of the case in the Supreme Court.

Rolfe stands charged with the shooting murder of 19-year-old Kumanjayi Walker while the constable was on duty in Yuendumu in November 2019.

On Tuesday, Chief Justice Michael Grant ruled documents sought by the Crown relating to Rolfe’s fellow officers’ discussions with their lawyer, Ray Murphy, in the wake of the shooting were off limits.

But in ruling the documents were private discussions between lawyer and client protected by law, Chief Justice Grant said “there’s nothing in these records of any great moment at all”.

“It’s simply the case that the claim for privilege gives rise to legal issues which might be considered to be of academic or intellectual interest only.”

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However Chief Justice Grant indicated that while Mr Murphy’s records were protected by legal professional privilege, the officers themselves could potentially be called to give evidence about the conversations they had with him.

It comes after trial judge Dean Mildren last week ruled that other documents sought by the defence team would also stay sealed based on the same principle of legal professional privilege.

The files were draft coronial reports, compiled by Superintendent Scott Pollock, which defence lawyer David Edwardson QC said were at odds with evidence expected to be given at trial by some of the prosecution’s expert witnesses.

In making his ruling on Tuesday, Chief Justice Grant revealed there may have been some confusion between “uniform” national laws that differ slightly between states that led to Justice Mildren being “misled” but said it would not lead to “any material consequences in terms of the outcome”.

Chief Justice Grant is expected to publish his reasons for Tuesday’s decision on Wednesday.

Rolfe’s bail was altered last week so he could meet with his lawyers in Adelaide before the trial, which is due to begin before Justice Mildren in late July.

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