NT Police Commissioner Jamie Chalker met police before Zachary Rolfe charged with murder over Kumanjayi Walker

The NT Police Commissioner was involved in a meeting of police executives minutes before detectives were directed to charge Zachary Rolfe.

Northern Territory Police Commissioner Jamie Chalker. Picture Julianne Osborne

Northern Territory Police Commissioner Jamie Chalker was involved in a meeting of senior police executives held just minutes before detectives were directed to charge Constable Zachary Rolfe with murder.

Police notes obtained by The Australian show senior police executives including Mr Chalker met in Deputy Commissioner Michael White’s office at 3.34pm on November 13, 2019, the afternoon Constable Rolfe was charged with the murder of Indigenous man Kumanjayi Walker.

Detectives investigating the case were called into the same office at 3.47pm – after Mr Chalker had left – where they were directed to arrest Constable Rolfe.

Independent Commissioner Against Corruption Michael Riches is expected to announce on Tuesday an investigation into the decision to charge Constable Rolfe with murder less than four days after he killed Mr Walker during a failed arrest attempt in the remote community of Yuendumu, about 300km northwest of Alice Springs.

Zachary Rolfe. Picture: Ryan Osland

Constable Rolfe this month was found not guilty of murder and the reserve charges of manslaughter and engaging in a violent act causing death. Mr Chalker last week said he had remained at arm’s length from the investigation and was “as shocked as anybody” when he learned the officer had been charged with murder.

Notes taken by Detective Acting Superintendent Kirk Pennuto detail the “private meeting” involving Mr Chalker and senior executives at NAB House in Darwin’s Smith St.

“1534 **NAB house – seated in foyer level 6 with A/Commander (Martin) Dole + Supt (Gavin) Kennedy. Private meeting of S/Executive including COP (Commissioner of Police) in DCOP’s office,” Supt Pennuto’s notes say.

It is not known what was discussed at that initial meeting.

Thirteen minutes later, after Mr Chalker left, Supt Pennuto, Commander Dole and Supt Kennedy were called into the office.

“1547 Meeting in office of DCOP White. Present are (Assistant Commissioner Nick) Anticich, (Deputy Commissioner Michael) Murphy, (Deputy Commissioner Michael) White, Kennedy, Dole, (Communications Director Rob) Cross + me,” the notes say.

The notes show at this meeting detectives were directed to arrest and charge Constable Rolfe amid concerns he would fly back to his parents’ home in Canberra.

“White states he has recent credible information that Rolfe is flying out of the NT to Canberra tomorrow morning,” the notes say. “White queries whether arrest is now appropriate on basis of DPP recommendations (and) travel info.”

Deputy Commissioner Murphy, Deputy Commissioner White and Assistant Commissioner Anticich then discuss the logistics of an arrest before agreeing it should be done as soon as possible.

“Anticich – ‘my view is we have to consider ‘going’ now’,” Supt Pennuto’s notes say.

“White – ‘it does look like he is travelling and an extradition would be a nightmare’.

“Murphy – ‘ok then’ – leaves room.

“Anticich – ‘what is the decision then?’.

“White – ‘we have to arrest. What else is reasonable?’.

“Anticich – ‘OK, we are arresting. Kirk, Doley, there is to be no communications prior but immediate comms after. There will need to be family advice plus the chief will need to know straight away’.

“White – ‘I guess we locate him, assemble arrest teams etc’.”

Kumanjayi Walker

Assistant Commissioner Anticich and Mr Cross then discuss a communications strategy before the meeting is closed.

In a statement, Mr Chalker’s office said NT Police had provided a brief to the Director of Public Prosecutions, “who advised there was a prima facie case for a charge of murder to be laid”.

“The Commissioner had no involvement in this process.

“A meeting was held to advise senior members of the executive and discuss the operational aspects of the arrest and charging of Constable Rolfe. The Commissioner was not in this meeting.”

The statement did not directly address a question about what had been discussed at the earlier meeting attended by the Commissioner. It said the NT police force was providing information to the Coroner ahead of an inquiry in September and police would co-operate with any ICAC investigation.

The notes of another detective, Senior Sergeant Mark Malagorski, show investigators sought an opinion from the Director of Public Prosecution about a possible murder charge on Monday, November 11, 2019, less than two days after the shooting.

“Member reports A/Commander Martin Dole and D/A/Supt Kirk Pennuto returning from their meeting with DPP Director Jack Karczewski QC who recommended the charge of murder and matter needs to be before a jury,” Det Sen-Sgt Malagorski noted at 1.37pm on November 11.

“DPP request a brief of evidence COB Wednesday November 13, 2019!

“Interview to be conducted or offered to Constable Zac (sic) Rolfe by COB Tuesday November 12 2019. DPP will review the brief and will advise appropriate charge(s).”

Officers were then directed to be ready to charge Constable Rolfe at Alice Springs Airport if he tried to fly to Canberra. Instead he was directed to fly to Darwin.

The notes show there were discussions about negotiating an “arrest by appointment” at Darwin police station on Thursday, November 14. But the arrest was brought forward when it was learned Constable Rolfe planned to fly from Darwin to Canberra.

After his trial, Constable Rolfe’s barrister, David Edwardson QC, said the decision to charge his client was a disgrace and had occurred in “the absence of any meaningful investigation”.

The Australian this month revealed other detectives working on the investigation had detailed concerns about the haste with which he was charged. They were also concerned an opinion from the Director of Public Prosecutions had been sought so quickly.

In her official police statement, Detective Sergeant Isobel Cummins says: “On numerous occasions, I and other investigators had voiced our concerns regarding the rushed process … and the fact we were not comfortable with the current situation without a full assessment of the evidence and ability to investigate objectively.”