Murder trial of NT policeman Zachary Rolfe to begin in August
The trial of NT policeman Zachary Rolfe for the alleged murder of Aboriginal teen Kumanjayi Walker will begin in August.
Northern Territory policeman Zachary Rolfe will finally get his day in court more than 18 months after he allegedly shot dead Aboriginal teenager Kumanjayi Walker.
The decorated young constable was charged with murder within days of the November 2019 incident in Yuendumu but until Friday faced uncertainty about the timing of his trial.
The hearing, which is expected to last about three weeks, had been scheduled to start on July 26 but was delayed by the coronavirus outbreak in Sydney.
Earlier this week, prosecution barrister Philip Strickland SC told the NT Supreme Court it was unlikely he could reach the Territory, adding it would be unfair to force the crown to brief new counsel and that the Director of Public Prosecutions would not do so.
Judge Dean Mildren suggested the trial could be delayed until next year. But when the case resumed on Friday, Mr Strickland said he could now travel to Darwin and that only his junior counsel would need replacing. Outside court, David Edwardson QC, representing Constable Rolfe, thanked the prosecution and said ensuring the trial could proceed was the right thing to do.
Constable Rolfe shot Walker three times after the latter stabbed him with scissors. The defence and the prosecution agree that the first shot was justifiable. The prosecution says Constable Rolfe should not have fired the second and third shots, which occurred 2.6 seconds after the first and after Walker had been wrestled to the ground.
The full bench of the NT Supreme Court will rule on whether Constable Rolfe can claim he is protected from liability by an immunity clause in police legislation.
Constable Rolfe can also use the defences of self-defence and of reasonably conducting his duties.
Constable Rolfe has maintained his innocence and is expected to plead not guilty.
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