The Northern Territory police team involved in the shooting death of Indigenous teen Kumanjayi Walker lacked discipline, an inquest into the death has heard.

September 27, 2022

The Northern Territory police team involved in the shooting death of an Indigenous teenager were ill-disciplined, an inquest into the death has been told.

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

The officer was acquitted at trial in March of murdering Mr Walker amid accusations his use of force after the Warlpiri man stabbed him was heavy-handed.

The Alice Springs inquest into Mr Walker’s death heard on Tuesday that the senior officer who sent the team to the remote community hadn’t authorised the men to undertake the early evening arrest.

Superintendent Jody Nobbs said the plan was to wait until early the next morning after a culturally significant funeral when the officers could take Mr Walker into custody without using weapons.

“We knock on the door, we cordon, we have a conversation with the residents, we clear the location if necessary and if he’s not there then we go to the next location,” Supt Nobbs told the coroner.

“If we are unsuccessful with our endeavours on that day then we repeat that exercise on the following day.”

Const Rolfe and his team didn’t follow the plan and instead searched house to house armed with an AR15 assault rifle and a shot gun under the guise of “intelligence gathering” until they found Mr Walker.

Asked if the team should have been armed with the high-powered weapons, Supt Nobbs said: “No”.

“The night activities were (supposed to be) about reassurance and reassurance extended to the broader community so I found it counter-productive,” he said.

He also said the team weren’t supposed to start work until 11pm that night with a focus on general duties to relieve local police after a spate of break and enter offending in the community.

“There was no elements around an intelligence gathering exercise so that was outside the scope of my clear instruction,” he said.

Counsel assisting Peggy Dwyer showed Supt Nobbs body-worn camera footage recorded by Const Rolfe’s team, where the officer can be heard saying: “We’re here to grab (Mr Walker)”.

Asked if the team’s actions were those of a “disciplined force that’s following a plan”, Supt Nobbs said: “No”.

“It’s counter-productive to what we were ultimately seeking to achieve,” he said.

Supt Nobbs also commented on the actions of Const Rolfe’s colleague, Sergeant Adam Eberl on the night Mr Walker was shot.

Then a constable, Sgt Eberl flippantly told a community member the men needed to carry assault weapons because Mr Walker had threatened other officers with an axe in the preceding days.

“It’s extremely disappointing. It’s provocative in nature and wouldn’t serve to address the first element of my plan, which was community reassurance,” Supt Nobbs said.

He agreed with Dr Dwyer that it was “ill-disciplined” behaviour.

The hearing continues.