An inquest into the death of an Indigenous teen shot dead by a Northern Territory policeman resumes with legal argument about its scope and proposed evidence.

September 12, 2022

An inquest into the death of an Indigenous teenager shot by a Northern Territory policeman could be derailed as argument about its scope and evidence handed to the coroner continues.

Kumanjayi Walker, 19, died after Constable Zachary Rolfe shot him three times during an arrest attempt in Yuendumu, northwest of Alice Springs on November 9, 2019.

The inquest in Alice Springs is exploring 54 issues related to the Warlpiri man’s life, and the actions of police before and after he was shot.

But lawyers for Const Rolfe last week objected to 13 of the questions being explored, saying they are irrelevant to the objectives of the inquest.

David Edwardson KC said they also had the potential to undermine the verdict at Const Rolfe’s trial in March for murdering Mr Walker, which found him not guilty.

He said the coroner should respect the Supreme Court jury’s decision and not canvass the issues.

“The challenged categories of evidence are red herrings. They have all the hallmarks of a roving royal commission,” the barrister said on Friday.

“With all the goodwill in the world, the introduction of this evidence is so remote and removed that it will, we suggest, demonise Zachary Rolfe, which is particularly offensive.”

The issues include Const Rolfe’s honesty when he applied to join the NT Police Force and whether drugs or illicit drugs impacted his conduct on the night of the shooting.

The coroner also plans to probe Const Rolfe’s use of force, disciplinary proceedings against him and whether racism is a problem within the department.

Mr Edwardson also questioned whether coroner Elisabeth Armitage should continue presiding over the inquest after NT police shared a full version of its coronial investigation report with her department but denied other parties access.

He said that could affect her impartiality when discharging her duty, which includes considering if the police’s coronial investigation followed procedures and was fair.

“The Northern Territory Police Force has to make a very considered and serious decision,” he said.

“If, as they currently do, maintain the claim for legal professional privilege, and acting on the assumption that the mere provision of the unredacted report to the coroner does not amount to waiver, then the question of disqualification must necessarily arise.”

After hearing Mr Edwardson’s submissions on Friday, the North Australian Aboriginal Justice Agency’s lawyer Phillip Boulten SC said it was a “matter of some concern”.

He said his team would consider the situation “very carefully” over the weekend and make submissions when the hearing continues in Alice Spring on Monday.