Zachary Rolfe trial faces more delay

Zachary Rolfe’s trial could be delayed again after prosecutors flagged plans to ask the High Court to overturn a recent NT decision about the categories of defence the policeman can use.

Zachary Rolfe. Picture: Glenn Campbell

Zachary Rolfe’s trial could be delayed again after crown prosecutors flagged plans to ask the High Court to overturn a recent Northern Territory decision about the categories of defence the policeman can use.

Constable Rolfe, who turns 30 on Wednesday, won a legal victory last week when the full bench of the NT Supreme Court ruled he could claim immunity from civil and criminal liability as well as self-defence and acting in the course of his duties.

Constable Rolfe was charged with murder days after shooting dead a young Aboriginal man known as Kumanjayi Walker during a botched attempted ­arrest in the outback community of Yuendumu in 2019. He now also faces lesser charges.

The immunity defence applies only to police officers and is broader than the other two, resting principally on whether or not a jury believes the officer was acting in good faith.

Constable Rolfe’s trial was originally due to start in July but was delayed for a first time after prose­cution lawyers became entangled in travel restrictions related to the coronavirus outbreak in NSW.

It was then delayed again by a coronavirus lockdown in ­Darwin.

An application to stay the jury trial pending the High Court appeal will be heard in the NT Supreme Court on Thursday.