Yuendumu: Kumanjayi Walker cops ‘had guns at the ready’

Zachary Rolfe and his unit went looking for Kumanjayi Walker with guns at the ready but did not agree beforehand what they would do if they found the teen, court hears | WATCH VIDEO (graphic content)

Zachary Rolfe. Picture: Julianne Osborne

Zachary Rolfe and his police unit went looking for Kumanjayi Walker with their guns at the ready but did not agree beforehand what they would do if they found the Aboriginal teenager or how they would respond if he turned violent, a court has heard.

The four elite tactical officers set out to scour Yuendumu knowing Walker could be dangerous because they had watched a video of him threatening two local policemen with an axe three days prior.

Constable Rolfe’s defence lawyers have made much of evidence the Immediate Response Team may not have been properly briefed on an order from police bosses to arrest Walker safely at dawn the following morning. The lawyers have also argued the plan was unworkable because no one knew where Walker would be sleeping.

Under questioning by prosecution barrister Philip Strickland SC, IRT member James Kirstenfeldt was forced to correct testimony and acknowledge he was aware of the Sunday arrest plan and that he and his colleagues chose to “make our own plan”.

Excerpts from Constable Kirstenfeldt’s body-worn video recordings captured locals telling him where Walker would spend the night. The court also heard Aboriginal elders and Walker had agreed with police that he would submit after his grandfather’s funeral.

Constable Kirstenfeldt told the court he had no knowledge of a police strategy – described by a regional commander as “tried and tested” – of arresting subjects early in the morning. He denied it was intended to surprise targets while they were asleep.

“Are these answers given to try and help Mr Rolfe?” Mr Strickland asked about a collection of seemingly inconsistent statements.

Constable Kirstenfeldt said they were not, and he simply could not recall certain details.

Constables Rolfe and Kirstenfeldt, two other IRT members and a dog handler went to find Walker at the home of his grandmother, Margaret Brown, who was at the graveyard burying her brother.

Less than a minute later, Rolfe shot Walker three times.

Exhibits released by the court show Walker inflicted a roughly 3mm puncture to Rolfe’s shoulder, allegedly with a pair of blunt-nosed scissors. Rolfe shot Walker once while he was struggling with another policeman and then twice more while he was allegedly “pinned” to the floor. Prosecutors say shots two and three amount to murder.

To prove their case, the prosecutors must demonstrate that Rolfe intended to kill Walker when he fired the second and third shots. Defence lawyers have been eager to show the jury NT police are trained to deploy a firearm when confronted with an edged weapon.

Constable Rolfe also faces lesser charges of manslaughter and recklessly engaging in a violent act causing death.

The trial continues.