Police union and Michael Gunner trade blows over failed Rolfe prosecution

A coterie of police top brass decided as a matter of ‘convenience’ to arrest Zachary Rolfe for murder despite having ‘not even close’ to enough evidence to support the charge, the police union says.

NT Police Union boss Paul McCue addresses media after Zachary Rolfe is found not guilty of all charges. Picture: Amanda Parkinson

A coterie of police top brass decided as a matter of “convenience” to arrest Zachary Rolfe for murder days after the fatal shooting of Kumanjayi Walker despite having “not even close” to enough evidence to support the charge, the police union says.

Northern Territory Police Association president Paul McCue on Monday launched a broadside against senior officers, Chief Minister Michael Gunner and a former anti-corruption commissioner over their actions in connection with Walker’s death.

The Top End’s police commissioner James Chalker and Mr Gunner fired back at their critics hours after, denying any political interference in the investigation.

In a 14-page statement, Mr McCue called for those responsible for the charge to be “interrogated”, although he stopped short of specifying how and when.

“Why were the concerns of senior investigators being set aside regarding the speed at which charges were being considered?” he demanded.

“Why were opinions on charging being ignored over just a few seconds of body-worn video and just a few statements?

“Why was the fact Constable Rolfe wanted to return to Canberra after the shooting to recover (to) become a factor in determining a time frame for arrest?”

Mr McCue said it was “utterly inconceivable” that a young officer who had “just been stabbed” and was “in shock from having had to use his firearm in a critical moment” would be so swiftly confronted with “the most serious crime known to mankind”.

Constable Rolfe was on Friday acquitted of murder and two lesser charges, bringing to an end a five-week trial and a two-year ordeal.

Mr McCue said the failed prosecution “created a divide which was unnecessary and avoidable and one we need to mend”.

He acknowledged the prosecution was “extremely difficult and distressing … for many in the community, the NT Police Force, and Constable Rolfe, his family and friends.”

He lashed out at Mr Gunner’s “catastrophic” decision to visit Yuendumu immediately after the 2019 shooting, where he promised locals “consequences will flow” from investigations. Mr McCue called those remarks “irresponsible if not clumsy”.

“The Chief Minister should neither assume nor comment on behalf of any investigation and the fact he did fanned the flames of expectation among those standing before him in Yuendumu, many of whom knew nothing of the facts of what took place,” he said. “A true leader would explain himself to all those he represents, not just a select few.”

Mr McCue said Mr Gunner had further “failed in his duty” by not sacking then Independent Commissioner Against Corruption Ken Fleming over a public comment that any who disagreed with the notion “black lives matter” would be “guilty of corrupt behaviour”.

Commissioner Walker said the investigation into Walker’s death began “immediately” after the shooting, and charges were laid after a brief of evidence was submitted to the Director of Public Prosecutions.

“To suggest that this normal investigative and prosecutorial process, between a police force and DPP, was in any way interfered with, or had any political involvement or interference is factually incorrect,” said.

“Such unfounded allegations are an affront to the critical independence of the Northern Territory police and the DPP and damage the trust and confidence in the criminal justice system which must be held by the community.”

Mr Gunner responded with his own statement, accusing the NTPA of misrepresentation.

“There has been (a) deliberate and irresponsible misinterpretation of my words from that day,” he said. “Words have been deliberately taken out of context despite constant clarification.

“This has inflamed an already tragic situation.

“My words – in full context – on that day were: ‘Because the coroner is independent, even I can’t tell the coroner to do that, but I know the coroner will listen to you. The coroner will seek to answer those questions you have, those questions I have – what happened, what happened that night and why, so justice can be done. I can promise you that the investigation will be independent, and consequences will flow as a result.’ Those words still hold true.”

Mr Gunner said the “NTPA conceded … I played absolutely no role in the investigations that led to Zachary Rolfe being charged with murder”.

Mr McCue said his organisation was not contemplating civil litigation and whether to pursue compensation was a matter for Constable Rolfe and his family.