Constable Zachary Rolfe takes NT Police Commissioner Jamie Chalker to Supreme Court

Constable Zach Rolfe is fighting to dismiss 25 alleged breaches of police discipline by dragging Jamie Chalker through the courts.

Constable Zach Rolfe is dragging Police Commissioner Jamie Chalker into court in an attempt to quash decisions by the NT Police’s internal disciplinary unit.

Representatives for Constable Rolfe and the Commissioner of Police appeared before acting associate Justice Meredith Huntingford on Wednesday.

The Alice Springs Supreme Court directions hearing was heard in closed chambers, meaning the public and media were not able to attend.

However, documents released to this publication revealed Constable Rolfe was fighting to overturn decisions made by the internal Professional Standards Command, which detail at least 25 alleged breaches of discipline.

An originating motion filed in December claimed evidence scraped from the police officer’s phone was taken without a warrant and inappropriately sent to the ethics and standards division of the police.

Zach Rolfe stands proud after he is found not guilty of all charges. Picture: (A)manda Parkinson

It also claimed disciplinary action was taken against Constable Rolfe outside the required six month deadline.

The documents stated that following Constable Rolfe’s arrest and charges on November 13, 2019 his mobile was seized by police.

“No warrant was executed to seize the mobile telephone, nor was a warrant executed to permit the search or extract material stored on the mobile,” it said.

“The material was viewed and interrogated by investigators with the Northern Territory Police over a period of months between 2020 and 2021 from both the coronial investigation team and the criminal investigation team.”

In March, 2022 Constable Rolfe was acquitted on all charges relating to the fatal shooting of 19-year-old Kumanjayi Walker during a botched arrest at Yuendumu.

The memory house, House 511 in Yuendumu where Kumanjayi Walker was shot by Constable Zach Rolfe. Picture: Jason Walls

The court documents said on June 10, 2022 a hearings officer reviewed the phone evidence as part of a disciplinary action.

“In so determining the hearing officer misapprehended the limits of the power to obtain and use that evidence … (The Act) did not authorise its use for the purpose of disciplinary proceedings,” it said.

The lawyers further claimed police failed to take action over 25 alleged breaches of discipline by the required deadline.

Police Commissioner Jamie Chalker addresses media after Zach Rolfe was found not guilty. Picture: (A)manda Parkinson

It said multiple allegations against Constable Rolfe were first reported by officers who were “not a prescribed member”, but were later discovered by authorised investigators.

The documents said under the Police Administration Act, disciplinary action was required to be taken within six months of the initial discovery.

It claims NT Police incorrectly started the six month timeline from when the allegations were discovered by authorised officers, and were “therefore ineffective”.

Signs on the Tanami Road to Yuendumu. Kumanjayi Walker. Zach Rolfe. Police shooting. Justice. Picture: Jason Walls

Constable Rolfe denied the 25 disciplinary breach allegations, which date back to November 2020.

NT Police would not disclose details of the alleged police standards breaches, including the dates or nature of the incidents.

“The matter is before the court and we won’t be providing comment,” a spokeswoman said.

The court documents further alleged that an extension application by then-acting Commander Superintendent Lauren Hill was invalid, as there is “no rank in the NT Police of ‘Acting Commander’, which is instead a pay designation”.

The matter was adjourned to the civil call-over list at Alice Springs Supreme Court on March 17, where a date for the further hearing will be confirmed.

In December the Supreme Court Justice Judith Kelly ruled that Constable Rolfe would have to answer questions at the ongoing Kumanjayi Walker coronial inquest.

In November, Constable Rolfe refused to answer questions about racist text messages downloaded from his phone or allegations of excessive force because he might face internal police disciplinary proceedings as a result.

He also signalled he would not answer questions relating to the use or misuse of body-worn cameras, also claiming the penalty privilege.

Constable Rolfe said he had “been banned from all police stations” since returning to work in July, following his acquittal on all charges over the shooting.

Barrister for NT Police Ian Freckelton KC told the coroner’s court there were ongoing investigations into the one use of force incident and three other disciplinary proceedings relating to material downloaded from Constable Rolfe’s phone.

Dr Freckelton said the text messages were the subject of a potential legal challenge.

Constable Rolfe was expected to return to the inquest witness box in Alice Springs in February, however a Supreme Court appeal of Justice Kelly’s ruling may delay this.

Originally published as Constable Zachary Rolfe takes NT Police Commissioner Jamie Chalker to Supreme Court