Yuendumu: Zachary Rolfe ‘lied to justify the unjustifiable’ fatal shooting

Zachary Rolfe ‘lied to justify the unjustifiable’ fatal shooting of Kumanjayi Walker, according to a crown prosecutor summing up the murder case against the young Northern Territory policeman.

Zachary Rolfe “lied to justify the unjustifiable” fatal shooting of Kumanjayi Walker, according to a crown prosecutor summing up the murder case against the Northern Territory policeman.

Philip Strickland SC urged a jury at the NT Supreme Court to find Constable Rolfe, 30, shot Walker intending that the Aboriginal teenager would die or suffer serious harm.

“You would not have much difficulty in finding that the accused intentionally shot Kumanjayi Walker three times,” Mr Strickland said.

“You would have little difficulty in finding that shots two and three caused his (Walker’s) death, and you’d have little difficulty in finding that he (Constable Rolfe) either intended to kill him (Walker) or cause him serious harm.”

Mr Strickland said the “central issue” in the case was not whether that occurred but whether Constable Rolfe could claim the deadly shots were legally justifiable under any of three defences.

Constable Rolfe shot Walker after the latter stabbed him with scissors.

“There is a lot of evidence … that the accused was, at the very least, preoccupied with Kumanjayi Walker and wanted to be involved in tracking him down,” Mr Strickland said.

“That mentality was that if Kumanjayi Walker showed any resistance, if he presented with an edged weapon, then he would be prepared to draw his weapon and, if necessary, fire it at Kumanjayi Walker.”

Walker threatened two police in the outback community of Yuendumu with an axe three days before the shooting incident. Constable Rolfe and his Immediate Response Team were sent to Yuendumu to support local officers and help them arrest Walker.

Mr Strickland said Constable Rolfe ignored the Yuendumu commanding officer’s instructions to wait to arrest Walker safely with a dog handler at dawn.

“His (Rolfe’s) sole mission and preoccupation was to arrest him (Walker) as soon as he could.”

He said Constable Rolfe had a history of military service and seeking special forces deployments and displayed an “obvious desire to become involved in direct actions”.

Constable Rolfe told the jury he shot Walker because he feared for his partner Remote Sergeant Adam Eberl’s life. “You can conclude … that the accused did not see Kumanjayi Walker stabbing Eberl … (and) that the accused did not fear for Eberl’s life when he fired shots two and three,” Mr Strickland said.

“The crown case is that the evidence the accused gave in court that he did have those beliefs was a lie. And the accused lied to justify the unjustifiable, namely the fatal shooting of Kumanjayi Walker.”

Earlier in the day, the jury heard from Ben McDevitt, a former Australian Federal Police special operations officer now working as a consultant engaged by Constable Rolfe to provide evidence supporting his defence.

Mr McDevitt responded to Acting Superintendent Andrew Barram, a prosecution witness who said Constable Rolfe endangered himself by ignoring his training and used unnecessary force, resulting in Walker’s death.

Mr McDevitt testified that although Constable Rolfe’s approach to arresting Walker may not have been “tactically perfect”, there was “nothing” about it inconsistent with the training Constable Rolfe would have received.

He twice described aspects of Superintendent Barram’s evidence as “ludicrous”.

The trial continues.