Policeman Zach Rolfe loses bid to move Yuendumu killing trial from Alice Springs to Darwin

Judge rules policeman accused of murdering Aboriginal teen was not at risk of unfair treatment.

Constable Zach Rolfe, who is accused of the fatal shooting of a man at Yuendumu.

The decorated policeman accused of murdering Aboriginal teenager Kumanjayi Walker in the remote Red Centre community of Yuendumu has lost a bid to have his case heard in Darwin for reasons of procedural fairness.

Lawyers for Constable Zachary Rolfe, an army veteran, last week told Alice Springs Local Court that their client’s case had sparked “inflammatory public commentary” with “racist overtones” and potential threats to witnesses.

They argued the “premature charging” of Constable Rolfe (four days after the incident) had itself generated “unprecedented misinformation” and that hearing the case locally could deny their client a fair trial.

Constable Rolfe’s legal team, led by prominent South Australian silk David Edwardson QC, took the unusual step of applying to have the proceedings moved at the committal or preliminary examination stage when no trial judge or jurors are involved.

Handing down his decision on the application on Thursday, Judge John Birch said Mr Edwardson had been right to raise his concerns about inaccurate reporting and unfair social media commentary. Mr Edwardson told the court that numerous reports of the police shooting bore little resemblance to the body-worn camera footage he had seen.

But Judge Birch rejected submissions that the application was “not premature” and decided Constable Rolfe could receive a fair hearing in Alice Springs. He was “not satisfied (that) it is in the interests of justice to make an order changing the venue”.

“Nothing has been placed before me which demonstrates or enlivens my concern the defendant wouldn’t receive a fair hearing in a preliminary examination held in Alice Springs,” Judge Birch said.

“To change the venue now would be tantamount to pre-empting the discretion of the Supreme Court to determine the appropriate venue for a trial in that court before a judge and jury.”

Constable Rolfe, the son of a prominent Canberra family, allegedly shot Kumanjayi Walker on 9 November during an attempted arrest gone wrong.

The court last week heard (as The Australian first revealed) that a few days before the fatal incident, Walker had threatened police with an axe. Relatives of 19-year-old Kumanjayi Walker have said the young man suffered from cognitive impairment and only waved the axe out of fear so that he could escape.

Outside court on Thursday, Northern Territory Police Association president Paul McCue claimed the “facts” showed Constable Rolfe had done nothing wrong but declined to speculate on why, if that was so, the 28-year-old policeman was facing a murder charge.

“This was a very dangerous situation. Constable Rolfe went to work that day, put his uniform on and was tasked along, with his colleagues, to go and arrest a violent offender,” Mr McCue said.

“Constable Rolfe was lucky to remain alive that day — he was stabbed in the neck … We are very disappointed that Constable Rolfe was charged with murder.”

Mr McCue also renewed his attacks on the Territory’s Independent Commissioner Against Corruption Ken Fleming and Chief Minister Michael Gunner.

Commissioner Fleming told a public rally soon after Walker’s death that anyone who did not think black lives mattered was “guilty of corrupt behaviour”. Mr Gunner said “consequences” would flow from investigations into the police shooting.

Mr McCue called on Commissioner Fleming to resign and said the NTPA had lost confidence in Mr Gunner.

Commissioner Fleming has already stepped aside from overseeing the Walker investigation and declined to comment further citing the court case. Mr Gunner has rejected Mr McCue’s attacks as a wilful misinterpretation of his public comments.

Constable Rolfe appeared at Thursday’s hearing via videolink from Canberra. He wore a blue shirt and dark tie, was accompanied by senior national police union official Vince Kelly and spoke only to thank the judge.

Judge Birch gave the prosecution until 26 March to file a brief of evidence and adjourned the hearing until 9 April for another preliminary examination mention. He extended Constable Rolfe’s bail.