NT Police reject Zachary Rolfe’s application to oust Coroner over ‘apprehended bias’

The NT Police Force has defended the Coroner’s conduct during Kumanjayi Walker’s coronial inquest and argued there was nothing improper about her amending a non-publication order.

Ian Freckelton KC is representing the Northern Territory Police Force executive at Kumanjayi Walker’s inquest. Picture: AAP.

The Northern Territory Police Force has defended the coroner’s conduct during Kuman­jayi Walker’s coronial inquest, saying there was nothing improper about her amending a non-publication order that paved the way for disciplinary action against Zachary Rolfe.

In an application inviting the coroner to “consider recusing herself from the inquest on grounds of apprehended bias”, the former Alice Springs police officer accuses Coroner Elisabeth Armitage of withholding audio recordings of her visit to Yuendumu and alleges that her counsel assisting colluded with the NT Police Force to have him fired “as part of justice for the community”.

Former police officer Zachary Rolfe outside the NT Supreme Court where he was acquitted of murdering Kumanjayi Walker. Picture: Glenn Campbell.

Counsel for the NT Police Force submitted in response that Mr Rolfe’s recusal application should be rejected. “It has no proper basis, given the flexible and inquisitorial nature of the inquest process and the role of counsel assisting,” Ian Freckelton KC wrote.

“No aspect of the Yuendumu visit was inappropriate.”

Dr Freckelton said appli­cations based on a reasonable apprehension of bias must be made promptly and Mr Rolfe did not file his application for more than 10 months after the Yuendumu visit.

He also defended the actions of the coroner and her counsel assisting, Peggy Dwyer SC, during the visit. “That counsel assisting engaged with community members in an empathic and sensitive way should only be commended,” he wrote.

NT police terminated Mr Rolfe’s employment in April and Dr Freckelton said he had been fired over an entirely separate matter.