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Rolfe asks NT coroner to consider stepping down from Kumanyayi Walker inquest over allegations of bias

Former NT cop Zachary Rolfe has asked the coroner to consider recusing herself from the ongoing inquest into Kumanyayi Walker’s death, citing ‘apprehended bias’.

Lawyers for former Territory police officer Zachary Rolfe have asked the coroner to consider recusing herself from the inquest into Kumanjayi Walker’s death. Picture: Julianne Osborne.
Lawyers for former Territory police officer Zachary Rolfe have asked the coroner to consider recusing herself from the inquest into Kumanjayi Walker’s death. Picture: Julianne Osborne.

Zachary Rolfe has asked the Northern Territory coroner to consider removing herself from the Kumanyayi Walker inquest due to potential bias, ahead of the former cop’s scheduled appearance to give evidence in two weeks’ time.

Coroner Elisabeth Armitage has been heading up an inquest into the fatal shooting of Yuendumu teenager Kumanyayi Walker, who was killed by former NT Police Constable Rolfe in November 2019.

Mr Rolfe was acquitted of any wrongdoing over Mr Walker’s death after a Supreme Court trial in March 2022, with the coronial inquest beginning six months later in September last year.

Warlpiri-Luritja 19-year-old Kumanjayi Walker was shot dead by Constable Rolfe during a botched arrest on November 9, 2019.
Warlpiri-Luritja 19-year-old Kumanjayi Walker was shot dead by Constable Rolfe during a botched arrest on November 9, 2019.

Ms Armitage’s office confirmed it received an application late last week requesting she consider stepping aside.

“On Friday afternoon submissions were filed on behalf of Mr Rolfe that invited the Coroner to consider recusing herself from the inquest on the grounds of apprehended bias,” a statement from the Coroner’s Court said.

“Responses to these submissions are to be filed by Friday (October 13).

“Mr Rolfe then has until Tuesday to file any reply to those submissions in response, and it is expected that her Honour will deliver a ruling late next week.”

Territory Coroner Elisabeth Armitage visits Yuendumu during the inquest into the death of Kumanjayi Walker. Picture: Jason Walls
Territory Coroner Elisabeth Armitage visits Yuendumu during the inquest into the death of Kumanjayi Walker. Picture: Jason Walls

The inquest was due to reconvene on October 23, however if the coroner does not recuse herself Mr Rolfe’s legal team could file a “stay” application which would likely further delay his scheduled appearance.

Mr Rolfe has previously lodged a series of legal challenges in relation to the inquest, contributing to the original three-month inquiry dragging out over more than a year.

He was expected to face the inquest from October 23 after losing an appeal to avoid having to answer certain questions.

Mr Rolfe was fired from the Territory police force in April after posting a lengthy open letter defending his actions and criticising the coroner.

The application requesting the coroner’s recusal has not been made public, however reports from other media suggest a central part of the allegation of bias stems from a visit Ms Armitage made to Yuendumu late last year.

At the remote community 300km northwest of Alice Springs the coroner and her team, along with other lawyers, officials and media, met with Mr Walker’s loved ones to hear how the 19-year-old’s death had affected the community.

Originally published as Rolfe asks NT coroner to consider stepping down from Kumanyayi Walker inquest over allegations of bias

Original URL: https://www.thechronicle.com.au/news/northern-territory/rolfe-asks-nt-coroner-to-consider-stepping-down-from-kumanyayi-walker-inquest-over-allegations-of-bias/news-story/67c3734ceb6cda7da8527877d26bfef6