Zachary Rolfe trial: murder-accused policeman’s lawyers demand ‘secret’ NT documents

Just weeks before NT cop Zachary Rolfe faces a murder trial over shooting an Indigenous man, his lawyers tell court they’ve been forced to subpoena documents from Coroner and police.

Northern Territory police officer Zachary Rolfe, who was charged with murder over the death of Yuendumu teenager Kumanjayi Walker arriving at court last year. Picture: Sean Davey

LAWYERS for Northern Territory police officer Zachary Rolfe claim they have been forced to subpoena coronial reports related to the death of Aboriginal man Kumanjayi Walker just weeks out from their client’s high-profile murder trial. 

Constable Rolfe will stand trial in July for fatally shooting Walker in the troubled outback town of Yuendumu, 300km northwest of Alice Springs, in November 2019.

The 29-year-old was one of four Immediate Response Team members deployed from Alice Springs to arrest Walker on four charges including assaulting police with an axe and breaching his suspended sentence.

During the arrest, Rolfe fatally shot Walker after the offender stabbed him with a pair of stainless steel surgical scissors and attempted to stab his police partner Adam Eberl.

Just four days later, the decorated young officer and army veteran was charged with the 19-year-old’s murder.

Constable Rolfe’s counsel, David Edwardson QC, yesterday (Monday) told trial judge Acting Justice Dean Mildren that he had recently discovered the existence of crucial reports – which he referred to in court as the “Pollock reports” – that had not been disclosed to the defence. 

The Australian understands that Mr Edwardson is referring to reports prepared by Coronial Senior Investigating Officer Detective Superintendent Scott Pollock. 

The Supreme Court in Darwin heard that the defence had since issued two subpoenas to Police Commissioner Jamie Chalker seeking production of the reports.

“The reports themselves were not disclosed or have not been disclosed by the prosecution or the Northern Territory Police,” Mr Edwardson said. 

“They are reports that were prepared in the context of the Coroner’s inquiry but nonetheless, bear significantly on this question of – among many things – the training and discharge of the relevant firearm by Zach Rolfe that resulted in the death of Kumanjayi Walker.”

Edwardson said that NT Police had since confirmed the existence of the reports but were only willing to provide them “in a redacted form”. 

“There are other documents that we’ve sought which underpin – or will underpin – those reports, together with other communications between various senior police officers as to the creation of that report, why those reports were so important and the like,” he said.    

Rolfe’s defence team indicated that the contents of the coronial investigation reports could possibly help them counter expert prosecution evidence, such as the lawfulness of the shooting.”

It’s likely that those reports may well inform the basis upon which we determine our objection to existing expert evidence that’s currently on the prosecution brief,” Edwardson said. 

“What is deeply disturbing, is that it’s been brought to our attention about the existence of these reports, and no disclosure had been made and we’ve had to force the issue by the issuing of a subpoena.”

Edwardson added that the DPP had also been unaware of the existence of these reports. 

Barrister Mary Chalmers, appearing for Commissioner Chalker, told the court that NT Police had yesterday filed applications with supporting affidavits to have the two subpoenas set aside.

“Part of the material objected to was on the basis of legal professional privilege,” she said. 

NT Police agreed to produce redacted versions of some of the sought documents by close of business Monday but will fight to keep the rest from Rolfe’s defence team when the matter returns to court on June 4. 

The court also heard that the trial is anticipated to be videoconferences to the learning centre in Yuendumu with some conditions. 

The pre-trial hearing, police body-worn camera footage and any application to be heard in the absence of the jury will not be streamed. Sophie Callan SC said that the Crown planned to call 10 witnesses from the Yuendumu Community. 

Constable Rolfe, who remains on bail in Canberra, has indicated he intends to plead not guilty when the trial commences on July 26.