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Kumanjayi Walker Death: Police Officer Stood Down From Inquest Over ‘unanticipated’ Evidence
A dispute between two lawyers in an Alice Springs courtroom led to the removal of a senior police officer from the inquest into the police shooting murder of Warlpiri adolescent Kumanjayi Walker. During an attempted arrest by the rapid response team in Yuendumu in November 2019, Walker was shot three times by Constable Zachary Rolfe.
Early this year, after a six-week trial in Darwin’s Northern Territory supreme court, Rolfe was declared not guilty of murder and two alternative charges. After Superintendent Jody Nobbs presented testimony at the hearing on Wednesday, it was abruptly halted. On Wednesday, Nobbs was scheduled to continue testifying, but attorneys for the NT police force and Rolfe expressed worry to the coroner over “unanticipated” evidence from the officer.
Sunday, September 4, 2022: In Alice Springs, Northern Territory, a police car displays a sign. A superintendent testified at the Kumanjayi Walker inquest that racism is a “broader” issue in the Northern Territory Police. Some of the evidence provided by Nobbs, who sent Rolfe to Yuendumu, was unexpected, and thus NT police representative Ian Freckelton KC told coroner Elisabeth Armitage he wanted to consult with the police executive.
Freckelton stated that he had to ask the coroner for permission because it was a matter of “basic fairness” and that he was sorry to have to do so. Since “certain things were said yesterday, and concerns developed yesterday, that had previously been unanticipated by us,” he asked that the current witness be temporarily removed from the case.
“As a matter of basic justice, we are compelled to ask for your permission to do so.” Freckleton KC argued that all members of the NT police force deserved “assertive representation” throughout the proceedings. We would be profoundly distressed if any member of the Northern Territory police force was not effectively and assertively represented during these proceedings… considering the agony that has been imposed,” Freckleton told the inquest.
Sally Ozolins, an attorney for the police union, testified that it was crucial that all police officers involved or giving testimony be properly represented. I further observe that a member who has been mentioned multiple times over the course of the evidence to date remains unrepresented in these hearings,” Ozolins said as part of her objections.
The defense attorney representing Rolfe, David Edwardson KC, informed the court that the case could not continue in the same vein as yesterday’s events. Armitage, however, dismissed the idea and insisted the inquest was proceeding “appropriately.” This has nothing to do with what happened yesterday,” the coroner told him.
Attorneys for the NT police were informed by Armitage, “This inquest is being conducted in a suitable manner as to enquire into the problems that plainly are arising on the information in the brief.” Patrick Coleridge, coroner’s assistant counsel, stated that any legal issues raised in the brief had previously been detailed and resolved during preliminary hearings.
Coleridge remarked, “We are all adults.” We are trained attorneys. As far as I am concerned, any competent lawyer reading that brief would see that service was made. On Tuesday, Nobbs told the court that “broader” issues of racism among the NT police were “frustrating and depressing.”
When the arresting officers didn’t go according to plan, he voiced major reservations about the use of the Immediate Response Team. Nobbs said that a “social gathering” attended by Rolfe and other police officers on 11 November, just days after the shooting, had the potential to taint the inquiry and bring “disrepute” upon the police department.
Sergeant Shaun Furniss, who testified briefly after the inquest was adjourned, returned to the stand this afternoon. We have a favor to ask, seeing as you’ve traveled all the way from India to be here with us today. Since we first published 200 years ago, tens of millions of people have relied on the Guardian’s courageous journalism in times of crisis, uncertainty, solidarity, and hope.
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