4 March 2024

Coronial inquest into police shooting death of Kumanjayi Walker sparks inquiry into 'racist' force

| James Day
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Former constable Zachary Rolfe accepted he used racist language himself, telling the coroner he was a “product” of the NT Police environment. Photo: NT Police, Fire and Emergency Services.

Following claims by former constable Zachary Rolfe that a racist culture is entrenched within the Northern Territory (NT) Police Force, Commissioner Michael Murphy has announced an investigation.

It came during a coronial inquest into the police shooting death of Warlpiri and Luritja teenager Kumanjayi Walker, to which Mr Rolfe and former sergeant Lee Bauwens were witnesses.

They are the last two in an investigation that began in September 2022 and has already heard hundreds of hours of evidence from the victim’s family, community members, Aboriginal leaders and police officers.

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On Monday (26 February), the inquest heard from Mr Rolfe, who shot Kumanjayi three times at close range in his home community of Yuendumu on 9 November, 2019.

Mr Rolfe told the inquest that racist language was widely used throughout NT Police, including high-ranking officers. In one example, he noted how the Alice Springs Police Station would call the ”Aboriginal-only” section of a pub “the animal bar”.

In another, he said the tactical policing unit held an annual party that celebrated a “Coon of the Year” award “for the most coon-like behaviour of the year”.

At a press conference on Tuesday morning, Police Commissioner Murphy said “inquiries will be undertaken” and that a “level of independence” was required for the investigation.

“I won’t be involved in the investigation,” he said. “There are other agencies outside of police that can undertake those inquiries if necessary.”

He said the Deputy Commissioner may have already referred the allegations to the NT’s new Independent Commissioner Against Corruption.

After being charged with murder following the shooting incident, Mr Rolfe was acquitted at a trial. His colleague at the time, Sergeant Bauwens, was the officer-in-charge of the Immediate Response Team that Mr Rolfe was part of and deployed to Yuendumu the day of the shooting.

Last year, a request by Mr Rolfe to recuse him from the inquest was denied by the coroner, which he stated was based on the perceived bias against him in the weeks before giving evidence.

During the hearing earlier this week, a text message exchange in early 2019 was also revealed that showed former soldier Ben Roberts-Smith had agreed to help Mr Rolfe find work outside the police force.

“Just going to try and find the most wild work around the world I guess,” said Mr Rolfe. “I know it sounds dumb to some people but I just want some dangerous shit.”

These comments were followed by an explanation that he was frustrated with his expectation to not progress into the tactical response group, as “the new diverse world” would prefer “girls” for the role.

Mr Roberts-Smith said he could help provide contacts in Afghanistan, Syria and Africa who were involved with private security.

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Throughout the inquest, the North Australian Aboriginal Justice Agency (NAAJA) has been supported by the Human Rights Law Centre (HRLC) in its interventions calling for:

  • An end to discriminatory policing and excessive use of force by police
  • Independent and robust police accountability mechanisms
  • Proper resourcing for self-determined solutions including community-led alternatives to police and community-controlled health services.

HRLC managing lawyer Monique Hurley said governments continued to sit on their hands and failed to act despite more than 550 Aboriginal and Torres Strait Islander people having died in custody since the royal commission three decades ago.

“Aboriginal communities have always had the answers – they must be listened to, and governments must act on community calls for change,” she said.

Kumanjayi Walker’s cousin Samara Fernandez-Brown said Mr Rolfe must answer for his actions to gain the truth about their loved one’s death and move towards change.

“There is no moving forward without full truth and accountability,” she said.

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