Fresh charges on policeman Zachary Rolfe in outback death

Police officer Zachary Rolfe is facing two new criminal charges, just weeks out from his murder trial over an outback shooting.

FRESH charges have been laid against Northern Territory police officer Zachary Rolfe over the death of Indigenous man Kumanjayi Walker just three weeks out from the young cop’s murder trial.

Northern Territory Director of Public Prosecutions, Jack Karczewski QC, on Friday tendered two fresh indictments against Constable Rolfe to the Supreme Court in Darwin.

In addition to the original murder charge, which Constable Rolfe intends to fight when his trial starts next month, he is now facing two alternative charges of manslaughter and violent act causing death.

The indictment states that the first alternative to the murder charge is that Rolfe “engaged in conduct that caused the death of Charles Arnold Walker, being reckless or negligent as to causing the death of Charles Arnold Walker”.

NT Police Officer Zachary Rolfe after receiving a bravery award for rescuing tourists from a flooded river in 2016. Rolfe is facing three charges over the shooting of Kumanjayi Walker.

Further, the DPP charges that as an alternative to those two counts, Rolfe “engaged in conduct involving a violent act, to Charles Arnold Walker, namely discharging a firearm, and that conduct caused the death of Charles Arnold Walker”.

Manslaughter in the NT carries a maximum sentence of life imprisonment but no mandatory minimum sentence. Murder carries a mandatory sentence of life, with a minimum 20-year non-parole period.

The other charge, violent conduct causing death, carries a maximum sentence of 16 years but no mandatory minimum.

Alternative charges, also known as backup charges, are presented to juries as an option; if a jury finds the accused not guilty of the main charge (murder in this case), the prosecutors ask the jury to find the accused guilty of one of the lesser charges.

Constable Rolfe fatally shot Mr Walker in the troubled outback town of Yuendumu, 300km northwest of Alice Springs, in November 2019.

Kumanjayi Walker, 19, was under a suspended sentence when he was fatally shot.

The 29-year-old was one of four Immediate Response Team tactical officers deployed from Alice Springs to arrest Mr Walker on four charges including assaulting police with an axe and breaching the terms of his suspended sentence.

During the arrest, Constable Rolfe shot Mr Walker after the 19-year-old man stabbed him with a pair of stainless steel surgical scissors and attempted to stab his police partner Constable First Class Adam Eberl.

Just four days later, the officer, who had previously served with the army in Afghanistan, was charged with murder.

Constable Rolfe, who remains on bail in Canberra, has indicated he intends to plead not guilty when the trial commences on July 19.

There will be one week of legal argument before a 12-person jury is sworn in.

Constable Rolfe’s counsel, David Edwardson QC, on Saturday morning confirmed the additional charges.

Director of Public Prosecutions Jack Karczewski QC will be taking extended personal leave from June 30 with the view of stepping back from his role to retirement later in the year.

And after almost 13 years with the OPP, Deputy Director of Public Prosecutions Matthew Nathan SC is leaving his role on June 25.