Zach Rolfe makes last-minute bid to limit the scope of Kumanjayi Walker inquest

The legal bid hopes to prevent the coronial inquest into Kumanjayi Walker’s death from becoming a ‘roving royal commission’.

The three-month inquest will examine Constable Zachary Rolfe’s police training and supervision. Picture: Glenn Campbell

Northern Territory police officer Zachary Rolfe has made an eleventh-hour legal bid to prevent the coronial inquest into Kumanjayi Walker’s death – starting in Alice Springs on Monday – from becoming a “roving royal commission” into his actions.

Constable Rolfe fatally shot Walker during an arrest at Yuendumu in November 2019.

Just four days later, he was charged with the 19-year-old’s murder but has since been acquitted of all charges related to the teenager’s death.

The three-month ­inquest will examine the circumstances that led to Walker’s death, including the situation at Yuendumu and Constable Rolfe’s training and supervision.

The inquest is also expected to look for evidence of “militarisation” and “systemic racism” in the NT Police Force and whether Constable Rolfe might have been suffering from a health condition or under the influence of drugs at the time of the shooting.

Kumanjayi Walker.

But, according to The Guardian, lawyers for Constable Rolfe have filed a last-minute objection to 13 of the 54 issues to be explored at the inquest, in an attempt to narrow its scope.

The Guardian reports that Rolfe’s legal team made a 12-page submission to the coroner’s court on Tuesday detailing their concerns which include the coroner examining his use of force, use of firearms and use of body-worn video during his time as a police officer.

Constable Rolfe’s lawyer Luke Officer also opposes the court examining whether the young cop provided true and accurate information when applying to join the NT Police and whether he has been the subject of complaints or disciplinary proceedings.

The team also objects to Coroner Elisabeth Armitage examining whether officers in Alice Springs discriminate against indigenous people, whether there is systemic racism or cultural bias within the NT police and the policy on drug and alcohol testing for officers.

Mr Officer reportedly argues that the issues Rolfe objects to are not relevant to public health or safety, the administration of justice or Walker’s death.

“Const Rolfe submits these issues are beyond the scope of the coroner’s power to investigate the death of Mr Walker,” the submission reportedly says.

“To extend the scope of the enquiry [sic] to explore and determine these issues or make findings in relation to them would constitute jurisdictional error.”

The Guardian also reports that counsel assisting the coroner, Maria Walz, wrote back to Mr Officer on August 30 expressing frustration at receiving the submission only four business days prior to the inquest starting.

Directions hearings have been held on multiple occasions since April at which all parties to the proceedings have had the opportunity to respond to the draft issues list.

“Since that time, a further directions hearing was held on 15 August 2022. You, Mr Officer, again appeared on behalf of Const Rolfe. No point was raised in relation to the issues list,” Ms Walz reportedly wrote.

“No objection has been raised to the issues list in the three months since it was distributed. “In your emails of 16 and 17 August, in which you objected to discrete items of evidence, no issue was raised in relation to the scope of the issues.”

Coroner Armitage has now agreed to hear submissions regarding the scope of the inquest on Friday.

Another counsel assisting the coroner, Peggy Dwyer, has previously reassured Constable Rolfe’s lawyers that the inquest would not be a roving royal commission into their client’s actions but would instead focus on the NT police force response.

This comes after The Australian last month revealed that Constable Rolfe – who was reinstated as a serving member of the Territory’s police force on July 18 – ­remains banned from entering any police premises or performing normal duties.

The 30-year-old, who has been on four weeks’ stress leave, is due back at work today.

He is listed to give evidence at the inquest on September 26.