NT Coroner dismisses Zach Rolfe’s allegations of bias in Kumanjayi Walker inquest

The Territory Coroner has dismissed an application asking her to step down from the Kumanjayi Walker inquest, rejecting allegations of bias.

Territory Coroner Elisabeth Armitage has dismissed an application to recuse herself from the Kumanjayi Walker inquest. Picture: Jason Walls

The Northern Territory coroner has dismissed an application asking her to recuse herself from the ongoing Kumanjayi Walker inquest due to “apprehended bias”.

Former cop Zach Rolfe – who was cleared of any wrongdoing after he killed Kumanjayi during an arrest at Yuendumu in 2019 – lodged the application last month days before he was due to give evidence when the coronial reconvened.

In a decision spanning more than 200 pages, Coroner Elisabeth Armitage found that the application failed to show “separately, cumulatively, or in the context of the inquest as a whole”, that she might judge the proceedings other “than on their factual and legal merits”.

Former NT cop Zach Rolfe asked the coroner to consider recusing herself due to “apprehended bias”. Picture: Julianne Osborne

“Mr Rolfe has not identified any statement by me in the transcript or the written rulings that shows a bias against him,” she said in the decision handed down Wednesday afternoon.

“Furthermore, his submissions overlook the care taken to ensure that the process is fair to him.

“I am not immune from a finding of apprehended bias simply because the inquest is long and complex.

“But the length and complexity of the inquest, and the absence of any broader complaint about my statements or conduct, is part of the context in which the application for recusal is to be considered.

“In my view, that context would be understood by the fair-minded lay observer to demonstrate my commitment to the vigorous but impartial pursuit of my statutory duties to determine the cause and circumstances of Kumanjayi Walker’s death, and to make findings, comments and recommendations directed towards preventing similar deaths in the future.”

To date the coroner has overseen a total of 58 hearing days and heard evidence from 70 witnesses in the inquest, which has produced almost 5000 pages of transcripts.

Counsel assisting Peggy Dwyer and Coroner Elisabeth Armitage during their 2022 visit to Yuendumu. Picture: Jason Walls

Rolfe’s application argued the impartiality of the inquest had been compromised, largely due to a visit the Coroner made to Yuendumu in November last year, along with various legal teams and media.

During the visit with community members and Kumanjayi’s family, Ms Armitage had ochre painted on her face in a ceremony by senior Warlpiri women.

Some community members said there was need for customary “payback by spearing”, and Counsel assisting the Coroner Dr Peggy Dwyer told the community she “understood” they wanted justice and “we will see what we can achieve together”.

In her decision, Ms Armitage said the visit was “essentially a listening experience”.

“A fair-minded lay observer would understand that it is normal, especially for a person with judicial training, to listen to someone express grief, or anger, without being ‘overborne’ by those expressions,” she said.

Originally published as NT Coroner dismisses Zach Rolfe’s allegations of bias in Kumanjayi Walker inquest