Zach Rolfe complaint against detective Wayne Newell to be probed by Victoria Police

Victoria Police are independently reviewing a complaint Zachary Rolfe made about a detective who was involved in his failed murder prosecution after he fatally shot Kumanjayi Walker.

Zachary Rolfe’s complaint about a detective who was involved in his failed murder prosecution is being reviewed by Victoria Police. Picture: Jason Walls

Victoria Police are independently reviewing a complaint former Northern Territory officer Zachary Rolfe made about a detective who was involved in his failed murder prosecution after he fatally shot Kumanjayi Walker at Yuendumu.

NT Police on Friday told The Australian that it has referred Mr Rolfe’s complaint about Detective Senior Sergeant Wayne Newell’s conduct to Victoria Police for an independent review.

In June, Mr Rolfe’s lawyer Luke Officer sent an 11-page complaint to NT Police Commissioner Michael Murphy detailing his client’s “very serious concern” with Sen-Sgt Newell’s conduct in relation to “evidence collecting” and nondisclosure.

On Friday, Commissioner Murphy said the interstate agency was assisting his police force review Mr Rolfe’s complaint.

“We obviously take any complaint very seriously,” he said.

“We referred the matter to the NT Commissioner Against Corruption and also the Northern Territory Ombudsman.

“I’ve also allowed for the level of independence, a referral to an interstate law enforcement agency, to assist us with a review.”

Mr Rolfe fatally shot Walker three times during an arrest at the remote outback community, 300km northwest of Alice Springs, in November 2019. Just four days later he was charged with the 19-year-old’s murder. Last year he was found not guilty. Sen-Sgt Newell was the senior investigating officer for the criminal investigation – codenamed Operation Charwell – into Walker’s death.

The Australian this week revealed NT Police’s Professional Standards Command last month informed Mr Rolfe that after reviewing his complaint, no further action was required.

The unit’s commander told Mr Rolfe that the Office of Ombudsman NT had also declined to investigate his complaint against police because a one-year time limit had expired and it was “not in the public interest”.

But confusingly, NT Police on Tuesday told The Australian, in response to questions about PSC’s decision, that “police are investigating the allegations”.

Sen-Sgt Newell this week said he could not comment while an investigation was underway.

Mr Rolfe’s complaint alleged that the experienced detective “may have engaged in criminal conduct, such as, for example, perverting the course of justice” and included excerpts of court transcripts from his trial, as well as emails and other internal police material – including coronial reports – supporting his claims.

Mr Rolfe’s concerns were distilled into five issues including that email correspondence between detectives, including Sen-Sgt Newell, and American criminologist Geoffrey Alpert suggested that the investigation team were editing their expert’s report.

The Australian revealed in April last year that NT Police had paid Mr Alpert $100,000 to produce a 12-page ­report supporting the murder charge against Mr Rolfe and that he repeatedly altered his conclusions at the request of detectives.

The second matter raised was that Sen-Sgt Newell had allowed pathologist Marianne Tiemensma to give expert evidence at trial about the lethality of the scissors Walker had stabbed Rolfe with despite Dr Tiemensma expressing that it may be inappropriate because she had performed Walker’s autopsy and may be accused of bias.

Two complaints were about Sen-Sgt Newell being aware of or withholding supplementary expert opinions from trauma surgeon Keith Towsey and forensic pathologist Paul Botterill that would have helped the defence and were only revealed in the course of the trial.

The fifth complaint was that Sen-Sgt Newell withheld evidence of a conversation with Australian Federal Police forensic analyst Timothy Simpson seeking a supplementary opinion and that the conversation only came to light during the trial.

Before Mr Rolfe’s trial started, his lawyers learned of the existence of police coronial investigation reports – which were critical of the criminal investigation including the use of particular expert witnesses – that had not been provided to the Director of Public Prosecutions or the defence. Rolfe’s legal team had to subpoena then-police commissioner Jamie Chalker for their production.

Commander David Proctor wrote in his coronial investigation report that the criminal investigation was biased against the accused.

Commander Proctor also claimed that the prosecution’s use-of-force expert Detective Superintendent Andrew Barram was subject to “confirmation bias”, that he was “firmly ensconced within the investigation team” and that his independence as an expert was “compromised”.

After receiving Mr Rolfe’s complaint in June, police also referred it to the independent Commissioner Against Corruption but Commissioner Michael Riches refused to confirm whether he is investigating the allegations.

In April, Rolfe was dismissed from the NT Police “due to serious breaches of discipline” during his policing career and has lodged an appeal against the decision.

The 32-year-old will be called to give evidence at Walker’s inquest when it resumes at Alice Springs next month.