Kumanjayi Walker death: Paid expert dropped before Constable Zachary Rolfe’s trial
An expert employed by Northern Territory Police produced a report supporting a murder charge against Constable Zachary Rolfe, only to be dropped pre-trial.
Northern Territory police awarded a contract valued at almost $100,000 to an expert who provided a report supporting its murder charge against Constable Zachary Rolfe, and then dropped him before the trial started.
The expert, American criminologist Geoffrey Alpert, repeatedly altered his conclusions at the request of detectives investigating Kumanjayi Walker’s death.
Constable Rolfe was found not guilty last month of murdering Walker at the remote outback community of Yuendumu during an arrest on November 9, 2019.
The officer shot Walker three times after the Indigenous teenager stabbed him with scissors.
Professor Alpert, from the University of South Carolina, testified at Constable Rolfe’s committal in 2020 that the second and third shots the policeman fired were not legally justified.
Detective Superintendent Kirk Pennuto – originally the senior investigating officer – first emailed Professor Alpert on December 9, 2019, but after a disagreement with the police prosecutor, he delayed phoning him until January.
After failing to secure an Australian subject matter expert willing to give evidence about Constable Rolfe’s use of force, detectives decided to use an “international expert”.
Superintendent Pennuto contacted Professor Alpert on January 6, 2020, to engage his services.
“Before progressing our discussions in any formal way, it is important that we make sure we are have (sic) a good fit otherwise I will struggle to be able to convince my bosses of the value in using your extensive expertise,” Superintendent Pennuto emailed him.
Superintendent Pennuto then provided a description of the shooting that included the detectives’ belief that the incident response team (IRT) had deliberately disobeyed orders.
“There is obviously a lot of subtext not referred to here that is easier left to a discussion via telephone,” he wrote.
Superintendent Pennuto’s diary notes from January 9 state that they had “identified a funding exemption related to the use of expert witness”.
NT government documents show that on January 22, 2020, NT police awarded Professor Alpert a contract for the “provision of professional services” worth $99,750 under a “selected” tender.
Government departments can award “selected” tenders in special circumstances without having to go through the usual open process.
Professor Alpert and NT police did not respond to questions about whether the expert was paid the entire amount and whether he performed work for the government beyond producing his 12-page report.
Emails show Professor Alpert sent multiple draft reports to the investigation’s bosses throughout February and March 2020, who would then request a phone call with the professor to discuss his findings.
His February 24 report found “there was miscommunication” between Yuendumu officer in charge Julie Frost, senior sergeant Shaun Furniss and superintendent Jody Nobbs about the IRT’s deployment and mission.
“Watch Commander Furniss did not understand the nature of the request and specifics of the Ops Order created and sent by Sgt Frost,” Professor Alpert wrote.
“This initial failure in communication may have set the stage for subsequent misunderstandings or the lack of following plans and orders.”
The report was also highly critical of investigators who interviewed witnesses after the shooting, saying those detectives failed to ask crucial questions.
When Professor Alpert shared his next draft report on February 28, all criticism of Constable Rolfe’s superiors and detectives had been removed.
On February 29, he emailed detective sergeant Wayne Newell his “latest draft”.
On March 25, Sergeant Newell emailed: “In relation to your draft report, I have offered a couple of suggestions that you may wish to consider. I have tracked the changes in the attached draft.”
On March 30, Sergeant Newell asked Professor Alpert to reconsider a sentence stating Sergeant Frost had told the IRT to arrest Walker and bring him to the station.
Professor Alpert agreed to remove the line.
Sergeant Frost’s directions to the IRT were a point of contention during Constable Rolfe’s trial.
She gave evidence that she had told Rolfe to arrest Walker at 5am on November 10, 2019.
Constable Rolfe and his IRT colleagues told the court they had been directed to arrest Walker if they came across him the previous night.
Professor Alpert submitted his final report on March 31 and invoiced police the next day.
Then, before the trial started, the prosecution mysteriously dropped Professor Alpert as its star expert witness.
Meanwhile, the final witness called during Constable Rolfe’s murder trial – Australian Federal Police special operations veteran Ben McDevitt – told the court he was not “paid a cent” to provide his expert opinion.
During cross-examination, crown prosecutor Philip Strickland SC had put to the defence team’s sole expert witness that he was being financially compensated to provide his opinion that Constable Rolfe’s actions were consistent with his police training.
“You’re giving evidence because you’ve been retained as a paid private consultant by the accused, is that right?” Mr Strickland asked.
Mr McDevitt said: “No, sir. I’m not being paid a cent.”
Neither NT police nor Professor Alpert responded to questions.
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