Zachary Rolfe launches bid to oust coroner from Kumanjayi Walker’s inquest

Former police officer Zachary Rolfe has asked the NT Coroner to ‘recuse herself’ from Kumanjayi Walker’s coronial inquest and accused her of ‘apprehended bias’.

Northern Territory Coroner Elisabeth Armitage, right, visits Yuendumu with counsel assisting Maria Walz, left, and Peggy Dwyer during Kumanjayi Walker’s inquest. Picture: Jason Walls

Former Alice Springs police officer Zachary Rolfe has asked the Northern Territory Coroner to “recuse herself” from Kumanjayi Walker’s coronial inquest – a fortnight before he is due to take the stand – and accused her of “apprehended bias”.

Mr Rolfe, who fatally shot Walker, 19, at Yuendumu in Nov­ember 2019, was due to give evidence when the inquest into the Indigenous teenager’s death resumed in Alice Springs this month but NT Courts has confirmed that on Friday his lawyer, Luke Officer, filed a 54-page application with submissions on his client’s behalf asking Coroner Elisabeth Armitage to “consider recusing herself from the inquest on the grounds of apprehended bias”.

A courts spokesman said the numerous parties to the inquest had until this Friday to file responses to the Rolfe submissions.

Mr Rolfe then has until October 17 to file his final reply before Judge Armitage delivers her ruling on the recusal application late next week, days before the inquest is to resume.

Zachary Rolfe outside the Alice Springs Local Court during the coronial inquest into Kumanjayi Walker’s death. Picture: Jason Walls

Four days after Mr Rolfe fatally shot Walker during an arrest at the remote Indigenous community, he was charged with murder.

In March 2022, following a five-week trial, the 32-year-old was acquitted of murder, manslaughter and engaging in a violent act causing death.

The inquest into the Warlpiri-Luritja man’s death, which commenced in September 2022, has been repeatedly disrupted by legal stoushes about whether Mr Rolfe and his former Immediate Response Team boss have the legal right to refuse to provide evidence to the coroner.

When then-constable Rolfe was called to give evidence in Nov­ember, he refused to answer questions – by claiming “the penalty provision” – in relation to 14 categories of evidence to which he said his testimony could result in disciplinary action.

However, he can no longer be subjected to internal disciplinary action after the NT Police Force terminated his employment in April following his releasing of a 2500-word open letter criticising NT police, the coroner and the inquest. He is currently appealing his dismissal.

In June, his Supreme Court appeal to avoid answering questions at the inquest was dismissed.

The NT Court of Criminal Appeal decided Mr Rolfe and Sergeant Lee Bauwens must answer questions at the inquest after dismissing their appeal against a December Supreme Court ruling.

The inquest is set to resume on October 23, with Sergeant Bauwens set to give evidence on Monday and Mr Rolfe being called to give evidence on Tuesday.

In November last year, Judge Armitage and most of the lawyers involved in the inquest visited Yuendumu, 300km northwest of Alice Springs, where Walker was killed. During the two-day visit, Judge Armitage, counsel assisting the coroner, Peggy Dwyer SC, and lawyers representing the parties to the inquest observed cultural ceremonies, attended community meetings, participated in an open “yarning circle” where Warlpiri leaders called for a “spear across the legs” of Mr Rolfe and visited the house where Walker was shot.

“Deep in our hearts, deep in our minds … we want to see justice. We have not seen the blood of Zach Rolfe,” Warlpiri elder Ned Hargraves told the coroner.

Zachary Rolfe's lawyer, Luke Officer. Picture: Jason Walls

Judge Armitage has said the meetings and conversations at Yuendumu were not considered as formal inquest evidence. The Australian understands the coroner’s visit to the community is central to Mr Rolfe’s fresh complaint. If Judge Armitage refuses to recuse herself, Mr Rolfe will have 24 hours to file a stay application in the Supreme Court.