‘Racist’ texts to Zachary Rolfe ‘are evidence’, inquest hears

“Overtly racist” text messages sent to Zach Rolfe from a superior officer before the fatal shooting of Kumanjayi Walker should be admitted as evidence, an inquest hears.

Northern Territory Coroner Elisabeth Armitage.

“Overtly racist” text messages sent to Zach Rolfe from a superior officer before the fatal shooting of Kumanjayi Walker are “very disturbing” and should be admitted as evidence at an ­inquest into his death, a court has heard.

On Monday, Coroner Elisabeth Armitage resumed her inquiry in the Alice Springs Local Court into Walker’s death, where she heard submissions about the admissibility of the text messages.

In arguing they should be tendered, counsel assisting the Coroner, Peggy Dwyer, said they included “many more” than the two that prosecutors unsuccessfully sought to put before the jury at Constable Rolfe’s trial.

He was acquitted on all charges in March and police have since elected not to refer an unrelated perjury charge for prosecution.

Dr Dwyer said the messages, downloaded from Constable Rolfe’s phone during the police murder investigation, involved other members of the Immediate Response Team dispatched to Yuendumu on the night of Walker’s death and at least one superior officer.

“The text messages reveal very disturbing attitudes, I anticipate submitting, in relation to the use of force, or the proposed use of force, by a number of NT police who were communicating with Constable Rolfe,” she said.

“I expect to submit … that they reveal disturbing attitudes towards Aboriginal people, they reveal attitudes of contempt ­towards the NT community police, or bush police, and they reveal a disregard for the way community or bush police ­approach policing. They reveal attitudes of contempt towards senior police management.”

Dr Dwyer said while there was no evidence the attitudes expressed in the messages were “more widespread”, it was important for the inquest to explore “whether they are attitudes … held by other members of the police force who they work with, who might be likely to exercise force”.

“That evidence would not be being called to demonise those officers, it’s being called to get to a level of understanding, because if your honour does find that they’re relevant, we need to understand why those attitudes develop and what the impli­cations of them are,” she said.

Barrister for the North Australian Aboriginal Justice Agency Phillip Boulten SC said there was one exchange between Constable Rolfe and a superior officer “where the other senior officer is undoubtedly speaking in overtly racist terms”.

Counsel for NT Police Ian Freckelton KC earlier waived a previous claim to legal professional privilege that meant other parties to the inquest had seen only a redacted copy of a document given to Ms Armitage.

Constable Rolfe’s legal team had flagged a potential application for Ms Armitage to recuse herself from presiding over the hearing if the privilege was not waived.

The inquest continues.

Northern Territory News