Cop's lawyer urges caution for coroner on racism claims

Zachary Rolfe outside court
Lawyers for police officer Zachary Rolfe have urged caution on suggested racism in evidence. -AAP Image

Evidence suggesting racism or racist behaviour in the Northern Territory police force when Zachary Rolfe fatally shot Indigenous teenager Kumanjayi Walker is irrelevant to a coronial inquest, the police officers lawyers say.

In March 2022 an NT Supreme Court jury acquitted then-constable Mr Rolfe of murder after he shot 19-year-old Mr Walker at close range in a botched arrest in the remote community of Yuendumu.

In a closing submission to Judge Elisabeth Armitage, Mr Rolfe's lawyer Luke Officer, told the court all evidence regarding racism or racist behaviour was irrelevant to the cause of death under the NT Coroner's Act. 

"There's no need to inquire into whether racism played a part, as the Northern Territory police force have agreed with us...there is no direct evidence of that, but it has no relevance to cause a death," Mr Officer told the court. 

Zachary Rolfe's counsel Luke Officer says any evidence of racism is irrelevant. ((A)manda Parkinson/AAP PHOTOS)

"Your Honour, in the first instance, you must make findings of fact as to cause of death, not whether something might be reliable or can be relied upon."

He went on to say there was no evidence from any officers that Mr Rolfe had acted in "any other manner than otherwise professional [and] courteous in his discharge of his duties."

He claimed that private text messages that Mr Rolfe had sent which spoke about Aboriginal people using excessive force and derogratory names, should never have been part of the coronial's inquest. 

Mr Officer rejected counsel-assisting Peggy Dwyer SC assertions that Mr Rolfe was "undisciplined, ego-driven and contemptuous of authority".

Dr Dwyer said Mr Rolfe was a man whose ego was wrapped up in his use of force.

"(He) took pride in, and derived a sense of worth from expressing his dominance over others...they were generally Aboriginal men and he expressed that dominance with the use of force."

She said he would boast about the use of excessive force which was indicative of his "fascination with violence".

Counsel assisting Peggy Dwyer says Mr Rolfe fabricated evidence. ((A)manda Parkinson/AAP PHOTOS)

Mr Officer also argued that counsel-assisting never proved that Mr Walker did not reach for Mr Rolfe's gun.

Dr Dwyer had earlier said that while conducting a video interview with The Australian, that included multiple takes of Mr Rolfe's account, he never mentioned that Mr Walker reached for his gun. She called his evidence a "fabrication". 

"As a result of this lie, Your Honour couldn't accept, even on balance, that Mr Rolfe.. feared for his or Constable Adam Eberl's life…"

Mr Officer said there were no winners in the truly tragic circumstance.

"A young man lost his life and another young man...was charged with murder," urging the coroner to apply common sense the authorities demand.

Closing statements continue on Thursday with institutional responses from NT Police, NT Health and the Department of Territory Families. 

Dr Dwyer is expected to release proposed findings by December 17.

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