An inquest for the Indigenous teen shot dead by a Northern Territory policeman has heard more concerning evidence about the behaviour of officers on the job.

October 25, 2022

More concerning evidence about racist, sexist and homophobic behaviour by Northern Territory police officers has been heard at an inquest into an Indigenous teenager’s shooting death.

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

The Alice Springs inquest into his death on Tuesday heard Sergeant Paul Kirby discussed verbally abusing an alleged offender on the job with Const Rolfe in the months before the shooting.

“Sorry about the stress caused by losing my s*** the other night … I’d just had enough,” he wrote on September 3.

Const Rolfe replied: “Bro, there was literally no stress about it. I’m all for that s***.

“I’ve done the same thing to you more than once before. I’m always ready to make my camera face the other way and be a dramatic c*** for the film,” he said referring to his body-worn camera.

Sgt Kirby then said “and the Oscar goes to” and Const Rolfe replies laughing.

The inquest heard the texts related to Sgt Kirby yelling at a man using foul language after he chased him through an Indigenous town camp in Alice Springs and the man crashed through a garden shed.

“He’s ignored me. I’ve started going after him and he’s started running. Then it was over fences … I used expletives a lot,” he said.

Coroner Elisabeth Armitage also heard Sgt Kirby made a racist, sexist and homophobic remark during another text conversation with Const Rolfe on September 22.

In it, Sgt Kirby attempts to console Const Rolfe, who is his subordinate and friend, after he was disappointed not to be selected to join the tactical response group.

“The order of preference now is blacks, chicks, gays and lazy f***s, then Zach,” he wrote.

Sgt Kirby defended his choice of words, saying he had not intended to “make fun” of Indigenous people, women and homosexuals but the NT police selection process.

“It was probably not a classy comment but it was never ever meant to be a disparaging one,” he said.

He clarified that his use of the words “lazy f***s” was a reference to officers who went bush to avoid hard work.

Counsel assisting Peggy Dwyer asked if he believed the selection process wasn’t fair and white heterosexual males were losing jobs due to affirmative action.

Sgt Kirby replied: “That’s going a lot deeper than I ever intended that text to be”.

“It’s a text. It’s getting him over the fact he’s missed out on a position. It’s encouraging him, softening the blow, maybe … It’s tongue in cheek.”

Dr Dwyer told Sgt Kirby that regardless of what he had intended the message to convey, what it actually communicated to a junior officer was that it was OK to be racist, sexist and homophobic but he refused to agree.

Earlier, the coroner addressed concerns that some police officers’ evidence may expose them to NT Police Force disciplinary action.

Dr Dwyer has repeatedly robustly pressed several police officers over the territory’s policing culture, including issues related to racism and the amount of force used on the job.

Lawyers for three officers, including Const Rolfe, told the coroner the evidence sought and given could lead to their clients incriminating themselves if the line of questioning continued.

Judge Armitage briefly adjourned the court before granting an immunity certificate for Sgt Kirby.

The inquest continues on Wednesday.