Detective leading Kumanjayi Walker investigation warned top police not to rush Zachary Rolfe’s arrest

The detective in charge of investigating the shooting of Kumanjayi Walker expressed grave fears that NT Police were rushing to charge officer Zachary Rolfe with murder.

Detective Superintendent Kirk Pennuto urged superiors to ‘slow down’ just hours before Zachary Rolfe was charged.

The detective in charge of investigating the fatal police shooting of Kumanjayi Walker at Yuendumu expressed grave fears that Northern Territory Police brass were rushing to charge their officer ­Zachary Rolfe with the Indigenous teenager’s murder.

The Australian can reveal that Detective Superintendent Kirk Pennuto – originally the Senior Investigating Officer of Operation Charwell – urged superiors to “slow down” their thinking “around the need to arrest” Constable Rolfe just hours before the 30-year-old was charged.

This comes as the Independent Commissioner Against Corruption Michael Riches on Tuesday announced his investigation into “allegations of improper conduct” related to Constable Rolfe’s case.

“My investigation will focus upon the period between the shooting incident and the presentation of Mr Rolfe for charging,” Mr Riches said. “In due course I will consider whether I will hear some or all witnesses by way of public inquiry.”

Zachary Rolfe. Picture: Amanda Parkinson

Constable Rolfe shot Mr Walker three times after the 19-year-old stabbed him – and allegedly attempted to stab his police partner Sergeant Adam Eberl – with a pair of stainless-steel surgical scissors during an arrest at the remote outback community on November 9, 2019.

The Australian revealed on March 11, when Constable Rolfe was found not guilty of all charges related to Mr Walker’s death, that senior NT police had been preparing to charge the young cop with murder within 36 hours of the shooting – and that experienced detectives working on the case had been alarmed that “crucial elements of the investigation were being unduly hastened”.

In the four days between the shooting and Constable Rolfe’s arrest, at least five experienced detectives repeatedly expressed serious concerns about the speed, urgency and reasoning behind the decision to charge him.

The Australian can now reveal Superintendent Pennuto’s contemporaneous diary notes detail a series of meetings and conversations between senior police including executive members before Constable Rolfe’s ­arrest on November 13, 2019.

The diary notes, obtained by The Australian, show that he expressed strong objections to injudiciously arresting Constable Rolfe due to information that he planned to travel to Canberra and the difficulty associated with extraditing him if they decided to charge him at a later date.

During a meeting with his deputy senior investigating officer, Detective Senior Sergeant Mark Malagorski at 7am on the day of the arrest, he recorded that “intent of Executive appears to be to take a ‘package’ to DPP”.

Kumanjayi Walker

At 10.24am that day, Superintendent Pennuto met with Deputy Commissioner Michael White, Assistant Commissioner Nick Anticich and Acting Commander Martin Dole, when they discussed what action to take against Constable Rolfe.

Superintendent Pennuto noted Mr White and Mr Anticich were worried about Constable Rolfe leaving the NT in case the DPP recommended “a serious criminal charge” after he had left the jurisdiction.

“Me – requesting a slowdown of thinking around need to arrest,” Superintendent Pennuto wrote. “Me – accept circumstance might come to this but surely we aren’t there yet. Me – can we find a balance? Even if Mr Rolfe has charges recommended at a later time, is he a flight risk etc? Me – arresting is premature. Need more time to examine facts outside of what BWV captures.”

When asked about Superintendent Pennuto’s notes on Wednesday, a NT police spokesman said the force would not be commenting due to the ICAC inquiry.

At another meeting at 11.10am, Superintendent Pennuto’s notes show Mr Anticich told investigators that a “short file/brief” must be completed by 1pm with “no ­exceptions”.

“MIR (major incident response) team to provide brief regardless of obvious deficiencies,” Superintendent Pennuto wrote.

“I indicated I was already uncomfortable with the whole DPP/short file idea and as such I felt I needed to ensure anything given to the DPP at this time came with a caveat.

“A/C stated he doesn’t mind caveat but file to go over despite many gaps existing.”

This comes after The Australian revealed earlier this week that Police Commissioner Jamie Chalker attended a meeting of senior police executives held just minutes before detectives were ­directed to charge Constable Rolfe. Mr Chalker has repeatedly denied any involvement in the ­decision to lay the charge.

On Tuesday, Mr Riches said that he would conduct his ICAC investigation “as expeditiously as my resources will allow”.

“Any action taken as a consequence of the investigation, including the making of reports or public statements, will be in accordance with the ICAC Act.

“I will not offer a running commentary on the investigation and I have no further statement to make at this time.”

NT Police say they will co-operate with the investigation.

Speaking at a press conference two hours before the ICAC investigation was announced, NT Chief Minister Michael Gunner said he did not believe an independent inquiry was necessary. The matter had passed through a committal hearing before Constable Rolfe stood trial.

“Police have a process to make sure that their investigation stacks up, then the prosecution also has a responsibility to only take anything forward that they think has a reasonable chance at success,” he said.

He subsequently issued a statement saying that he “fully supports” the ICAC decision to investigate the process that led to Constable Rolfe being charged.