Two NT police officers are set to argue a coroner’s ruling on controversial evidence was wrong and they could be penalised if they take the stand at an inquest.

November 23, 2022

Whether a coroner can force a Northern Territory policeman acquitted of an Indigenous teenager’s shooting murder to give evidence at his inquest is set to be argued.

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

A long-running coronial inquiry into the Walpiri man’s death has been suspended to allow lawyers to appear at a Supreme Court judicial review on Wednesday.

They will be making submission for and against Coroner Elisabeth Armitage’s earlier decision that she was empowered to issue police witnesses with a certificate protecting them from criminal investigation and internal disciplinary proceedings stemming from their evidence.

Two policeman, Const Rolfe and Sergeant Lee Bauwens, have launched the legal review, saying the coroner’s interpretation of the NT Coroner’s Act is incorrect.

Their lawyers believe the officers could be subject to disciplinary action if they answer questions about some of the issues the coroner is investigating and as such they can’t be compelled to give evidence.

If the Supreme Court finds Judge Armitage’s ruling was correct then she will be able to force the men to answer uncomfortable questions about racist text messages the inquest has heard the pair allegedly sent.

Const Rolfe is also likely to be asked about the night he killed Mr Walker and his alleged misuse of police body-worn cameras and excessive use of force.

All told, there are 14 evidence categories of evidence Const Rolfe could be force to answer questions about, including nine incidents related to investigations over his use of force on the job.

The 31-year-old may also be asked about his allegedly homophobic and sexist text messages, along with his prescription drug use and his falsified NT police recruitment application.

The officer, who says he’s been banned from all NT police stations and is on indefinite sick leave, refused to answer the questions when he appeared as a witness at the inquest last week and claimed penalty privilege.

“I wish to exercise my right and claim the penalty privilege on the basis my answers might tend to expose me to penalty,” he told the coroner.

The inquest into Mr Walker’s death will continue on Friday when the two-day Supreme Court hearing has finished.