A Northern Territory policeman accused of murdering an Aboriginal teen is likely to use three defence strategies to secure a not guilty verdict, the Crown says.

February 8, 2022

A Northern Territory policeman accused of murdering an Aboriginal teenager is likely to employ three defences to justify his actions, a jury has been told.

Constable Zachary Rolfe, 30, has pleaded not guilty to the shooting murder of Kumanjayi Charles Arnold Walker in November 2019.

The 19-year-old died after he was shot three times during a failed arrest attempt in the remote community of Yuendumu, 290km northwest of Alice Springs.

The Supreme Court trial in Darwin started on Monday with the Crown’s opening remarks. They are expected to continue when court resumes on Tuesday.

Prosecutor Philip Strickland SC told the jury Rolfe’s legal team is likely to use three defence strategies to secure a not guilty verdict.

These are self-defence “if the accused fired the second and third shots because he believed that it was necessary either to defend himself or (his partner)”.

“A second legal justification is if the accused was acting in the course of the duty as a police officer and his conduct was reasonable in the circumstances for performing that duty.”

The third potential legal justification is if Rolfe fired the fatal shots when he was acting in good faith in exercising a duty under the NT Police Administration Act, Mr Strickland said.

He told the court Rolfe fired his first shot 60 seconds after finding Mr Walker at a home in the desert community of about 800.

It hit Mr Walker in the back but did not kill him and he continued to wrestle with Rolfe’s partner while holding a pair of scissors in his right hand.

Mr Strickland said Mr Walker was held down and his right arm was beneath him when Rolfe fired two more shots from “point-blank” range 2.6 seconds later.

“The accused stood over Kumanjayi Walker whilst he was pinned down … and fired again, this time into his left torso,” he said.

“About 0.5 seconds after the second shot the accused fired a third time.”

Mr Strickland said Rolfe “deliberately fired the three shots” in a rapid discharge of shots called a “double tap”.

“The double tap is designed to ensure maximum injury or death,” he said.

“When the accused fired the second and third shots he intended to kill Kumanjayi Walker, or cause him serious harm.”

The second and third shots killed Mr Walker.

Mr Strickland said they were “not reasonable” because Mr Walker was “on the ground and effectively restrained”.

Outside court, Yuendumu community member Ned Jampijinpa Hargraves said his people were “still hurting” and “very angry” over the death.

“There is so much we can say but let the court take over that,” he said.

“We want to see justice.”

Lindsay Japangardi Williams said the community had waited more than two years for the trial.

“We have stayed in sorry business,” he said.

“That means we are still grieving for the loss of our loved one Kumanjayi Walker who was taken away at a young age.”

Mr Williams said the community was “still holding those bad feelings about what took place at Yuendumu on the 9th of November”.

“Our community is still shaking and wondering what will happen to our kids’ future,” he said.