NT Coroner lifts suppression order over Zachary Rolfe's allegations of bias in Kumanjayi Walker inquest
The Northern Territory Police Force has labelled Zachary Rolfe's allegations of bias against the NT coroner a "distraction" and an attempt to avoid giving evidence in the Kumanjayi Walker inquest, after the former officer asked the coroner to stand aside from the investigation.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died, used with the permission of their family.
Key points:
- Zachary Rolfe has asked NT Coroner Elisabeth Armitage to stand aside from the Kumanjayi Walker inquest
- He alleged she colluded with police to have him fired and should not have taken part in ceremonies in Yuendumu
- Lawyers for NT Police have labelled his application a 'distraction'
In "inviting" coroner Elisabeth Armitage to consider recusing herself from the ongoing coronial inquest, which began more than a year ago, Mr Rolfe argued there was a perception "the impartiality of the inquest [had been] compromised".
A mandatory coronial inquest into the 2019 shooting death of the Warlpiri-Luritja man began in September last year and is due to resume in one week, when Mr Rolfe is scheduled to give evidence.
The former officer was acquitted of murder, manslaughter and engaging in a violent act causing death after a Supreme Court trial in 2022.
Allegations of 'collusion' with NT Police
In urging Judge Armitage to recuse herself from the inquest, lawyers for Mr Rolfe alleged the coroner colluded with the NT Police Professional Standards Command to have him dismissed from the force, to satisfy Mr Walker's family's calls for "justice".
Mr Rolfe alleged the coroner quietly amended a non-publication order, which in turn allowed inquest evidence to be used in internal disciplinary proceedings against him.
Luke Officer, Mr Rolfe's solicitor, raised the concern in court earlier this year, but said his argument was "dismissed" by the judge.
Counsel Assisting the coroner Peggy Dwyer SC told the court the amendment was made to clear up "confusion" over the wording of the non-publication order.
Mr Rolfe was ultimately dismissed from the force in April 2023, after publishing a 2,500-word statement criticising the former police commissioner, the coroner, and the ongoing inquest.
"Significantly, Mr Rolfe was not dismissed from his employment with the NTPF as a consequence of the coronial inquest [or] as a result of a decision made by the coroner … Mr Rolfe lost his job as a consequence of his own conduct," Ian Freckelton KC, for the NT Police, wrote.
He has since launched an appeal of his dismissal, which is yet to be determined.
Yuendumu trip 'unfortunate'
Mr Officer, for Mr Rolfe, further suggested the inquest's two-day visit to Yuendumu during proceedings last year created a perception of bias against his client.
Police officers Ian Nankivell and James Kirstenfeldt supported Mr Rolfe's application, arguing the trip had been marred by a "series of unfortunate events".
The pair suggested that by having her face painted by Mr Walker's mother, Leeanne Oldfield, Judge Armitage had "raised the spectre of apprehended bias".
"One only needs to momentarily reflect on the likely reaction of the deceased's family and the Yuendumu community had the coroner conducted an intimate meeting with the family of Mr Rolfe, to appreciate the significance of what occurred," Jeffrey Hunter KC wrote.
In his submissions, Mr Officer argued the coroner could have "distance[d] herself" from some of the community meetings and discussions in Yuendumu, particularly those about "spearing" Mr Rolfe and criminal trial judge Justice John Burns.
Mr Officer also requested access to all notes and recordings made during the portions of the Yuendumu visit he was not present for, which were ultimately provided by the coroner's office in what he called "redacted format".
Correspondence from the coroner's office, included in court documents, indicated audio of "private conversations" between the coroner and her legal team were removed.
Mr Officer also then requested access to all communications between the coroner and her counsel assisting team, which they argued was subject to legal professional privilege.
Mr Officer attended Yuendumu for the first day of the inquest's visit but left early to prepare for Mr Rolfe's evidence, which was scheduled to take place immediately after the trip.
Application a 'distraction': NT Police
Lawyers for the Northern Territory Police Force, North Australian Aboriginal Justice Agency (NAAJA), Mr Walker's family and the Yuendumu Parumpurru Committee rejected Mr Rolfe's allegations and urged Judge Armitage not to stand aside.
NAAJA argued the coroner having her face painted was "a matter of basic curtesy and respect" when visiting an Aboriginal community.
"A natural and entirely human inclination of sympathy towards the community and family of the deceased is a common feature of coronial proceedings," the organisation said.
"But the greater problem with [Mr Rolfe's] submission is that counsel assisting has also publicly expressed sympathy for Mr Rolfe in open court, acknowledging the difficult circumstances in which he finds himself."
Lawyers for the Parumpurru Committee, a select group of Yuendumu community members, said it was "appropriate and respectful that visiting judicial officers … accept traditional greetings".
They also submitted it was "impossible" to have predicted exactly what would be discussed in front of the coroner in Yuendumu and pointed to comments from Counsel Assisting Dr Dwyer SC rejecting violence.
"There is no suggestion, in this court, that spearing of anybody will be condoned," Dr Dwyer SC said in February 2023.
The court has heard the community meetings and conversations which took place in Yuendumu would not be part of the formal evidence used by the coroner to determine findings and recommendations.
Lawyers for the Northern Territory Police Force said Mr Rolfe's application appeared to be a "further attempt … to distract from and delay the inquest process" and "avoid giving public evidence".
"The inquest should proceed without further distraction in relation to peripheral and groundless aggrievements so that it can be brought to a conclusion without additional delay, trauma for the family members of Kumanjayi Walker and expense for the Northern Territory," Mr Freckelton KC wrote.
Judge Armitage is expected to decide on whether she will recuse herself later this week.
The inquest is currently due to resume in Alice Springs on October 23, with Zachary Rolfe scheduled to give evidence.