Zach Rolfe accuses senior detective Wayne Newell of misconduct during murder investigation

Former officer Zachary Rolfe has accused a senior detective who investigated his murder charge of misconduct as the sacked constable fights to be reinstated.

Zachary Rolfe outside court. Picture: Amanda Parkinson

Former Northern Territory police officer Zachary Rolfe has accused a senior detective who investigated his murder charge of misconduct, as the sacked constable fights to be reinstated and avoid testifying at Kumanjayi Walker’s coronial inquest.

Mr Rolfe, who was dismissed from the NT Police in April, has formally complained to Acting Commissioner Michael Murphy about the conduct of Detective Senior Sergeant Wayne Newell, who investigated his fatal shooting of Walker at Yuendumu.

NT Police confirmed it was investigating the allegations after receiving the letter on Friday.

Sergeant Newell declined to comment.

The letter from Mr Rolfe’s lawyer, Luke Officer, said his client “holds very serious concern” about the police investigation into Walker’s death on November 9, 2019. Mr Rolfe, who shot the 19-year-old Warlpiri man three times during an arrest, was charged with murder.

Mr Officer’s letter alleges that during the criminal investigation, Sergeant Newell manipulated a criminologist’s expert report, relied on “biased” expert witnesses and withheld expert opinions from Mr Rolfe’s team that would have helped the defence. “When one looks at the context of this case and its investigation, it gives the impression of an attempt to gather evidence to fit the prosecution case,” he wrote.

“These matters are cause for significant concern. Not the least of which is the concern held by our client whose life was altered in an irreparable way at the age of 28 when he was charged with murder.

“The investigative conduct at best leaves a lot to be desired.”

Lawyer Luke Officer, Constable Zachary Rolfe and former NTPA president Paul McCue outside the Darwin Supreme Court in February 2022.

The Australian revealed in April last year that NT Police had paid criminologist Geoffrey Alpert $100,000 for a 12-page ­report supporting the murder charge against Mr Rolfe, and the expert repeatedly altered his conclusions at the request of detectives investigating Walker’s death.

“The email correspondence between investigators and Professor Alpert suggested that the investigation team were editing (correcting) the draft statement of Alpert,” Mr Officer wrote.

Professor Alpert, from the University of South Carolina, testified at Mr Rolfe’s committal in 2020 that the second and third shots the policeman fired were not legally justified – but without explanation, the prosecution dropped Professor Alpert before Mr Rolfe’s trial started and relied primarily on the expertise of Superintendent Andrew Barram to execute its case.

Mr Officer said Superintendent Barram’s first statement demonstrated he was subject to “confirmation bias”.

“The pressure brought to bear on him to provide his ‘expert’ opinion was done so in haste and, similar to Professor Alpert, prior to all available and relevant evidence, including possible exculpatory evidence, being made available to him for consideration,” he wrote.

In March last year, a jury found Mr Rolfe not guilty of ­murdering Walker.

The now 31-year-old has appealed a Northern Territory Supreme Court decision that he must give evidence at the coronial inquest into Walker’s death when it resumes next month.

The Court of Criminal Appeal is expected to hand down its decision on that matter soon.