NT ICAC to probe Zachary Rolfe charges

The NT’s anti-corruption watchdog will investigate ‘allegations of improper conduct’ related to the murder charge police unsuccessfully brought against constable Zachary Rolfe.

Zachary Rolfe outside the NT Supreme Court in Darwin. Picture: (A)manda Parkinson

The Northern Territory’s anti-corruption watchdog will investigate “allegations of improper conduct” related to the murder charge that police unsuccessfully brought against constable Zach­ary Rolfe over the shooting death of Kumanjayi Walker in Yuendumu.

It comes as Elizabeth Armitage, the judge set to oversee a coronial inquest later this year into Walker’s death, told a hearing in Darwin that the grief and shock felt by Walker’s family and his community “must be of the highest degree”.

“I expect that your grief has been greatly compounded by feelings of anger, fear and confusion,” she said.

“While much has been said about this death, I recognise that your voices have not yet had an opportunity to be heard and understood.”

She promised the inquest, due to begin in September, would provide an “opportunity to express your distress, your fears and concerns, and your hopes for the future”.

“In a fair and balanced way, we will seek to better understand what happened on 9 November, 2019, and why it happened, with the goals of determining the truth and making recommen­dations which may assist in preventing future deaths in similar circumstances,” she said.

Constable Rolfe shot Walker three times after the latter stabbed him with scissors. He was charged with murder days later but acquitted at trial, following a two-year delay.

After the verdict, Constable Rolfe’s lawyer claimed his client had been charged without any meaningful investigation and promised “consequences will flow”.

It has since emerged that detectives involved in the investigation were unhappy about what they perceived as a rushed decision to lay charges, possibly influenced by the fact Constable Rolfe was about to leave the Territory to be with his family.

Chief Minister Michael Gunner and Police Commissioner Jamie Chalker have both denied allegations of political interference and said they were unaware of investigators’ intention to charge Constable Rolfe until after the decision was made.

NT Independent Commissioner Against Corruption Michael Riches flagged earlier this month that he was contemplating examining the case.

“I will investigate allegations of improper conduct relating to the arrest and charge of Mr Zachary Rolfe,” he said in a statement released on Tuesday. “My investigation will focus upon the period between the shooting incident and the presentation of Mr Rolfe for charging.

“In due course, I will consider whether I will hear some or all witnesses by way of (a) public inquiry. If that occurs, notice will be given in accordance with section 39 of the ICAC Act.”

The investigation would be conducted “as expeditiously as my resources will allow”, with any reports or findings delivered in accordance with ICAC legislation.

An NT police statement pledged “full co-operation” with the inquiry.

“As the matter is now before the ICAC, there will be no further comment,” the statement said.

Mr Gunner said his government “fully supports the ICAC decision to investigate the process that led to charges being laid against Constable Zachary Rolfe in 2019”.

Opposition Leader Lia Finocchiaro said her calls for an independent inquiry had been “vindicated” by ICAC’s decision, despite Mr Gunner’s “failure of leadership” by not launching a separate inquiry himself.

The NT Police Association welcomed news of the ICAC ­investigation.