An inquest for an Indigenous teen shot dead by an NT policeman has heard one of officer’s supervisors will challenge a ruling compelling him to give evidence.

October 26, 2022

A senior Northern Territory police officer who allegedly used racist language in a text message will challenge a coroner’s decision to compel him to give evidence 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.

An inquest into his death has previously heard that in the months before the shooting, the officer in charge of Const Rolfe’s team, Sergeant Lee Bauwens, sent a text message to him referring to Aboriginal people as “bush c**ns”.

Sgt Bauwens was scheduled to be called as a witness at the inquest in Alice Springs this week.

His legal team on Tuesday failed to convince coroner Elisabeth Armitage that he shouldn’t be compelled to answer questions about some issues, including the text message.

It feared the evidence could lead to Sgt Bauwens being subjected to internal NT Police Force disciplinary action.

The team has since applied to the Supreme Court to challenge the coroner’s decision, which will be heard on November 19.

NT Police Force lawyer Ian Freckelton KC previously told the coroner the text message matter had already been dealt with by the force and Sgt Bauwens was unlikely to be subjected to further action.

The Supreme Court also granted a stay order preventing Sgt Bauwens being questioned over the matters of concern until November 19.

Sgt Bauwens may still be called to give evidence on other issues this week, Judge Armitage said on Wednesday.

Earlier, the inquest heard a non-Indigenous police sergeant apologised to his Aboriginal friends after a conversation he had with Const Rolfe involving racist references was made public by the inquest.

Sergeant Paul Kirby and Const Rolfe, who is his subordinate and friend, exchanged the text messages about five months before the shooting.

In them, Sgt Kirby writes: “Hope you’ve got your body-worn on. Ha ha … On the whole time … Who was the silly bitch?”

Const Rolfe replies: “F*** no. Some white bitch who thinks she’s Aboriginal”.

Sgt Kirby then said on June 22: “Lying in the dirt, pissed, doing a f***ing good impression.”

Counsel assisting Peggy Dwyer asked Sgt Kirby on Tuesday if he thought the texts were racist.

“I’m going to say yes. I’m not even going to try and defend it, sorry,” he replied.

“When it came out (in public) I wondered whose it was and then it was mine,” he said in reference to the text messages being read into evidence at the inquest before he was called as a witness.

Sgt Kirby said it prompted him to admit to his Aboriginal friends that it was his text messages in the media and apologise to them.

Asked if he felt a sense of shame over the texts, Sgt Kirby said: “Yes”.

The inquest continues.