The Northern Territory Coroner heard on Wednesday from Counsel assisting Peggy Dwyer, who delivered a scathing assessment of former constable Zachary Rolfe during closing submissions of the drawn-out inquest into the Warlpiri teen Kumanjayi Walker's death.
In her submission, Dwyer alleged that Rolfe was ‘ego-driven’, ‘undisciplined’, ‘contemptuous of authority’ and ‘had a fascination with violence’.
Mr Rolfe shot Kumanjayi Walker three times during an attempted arrest in Yuendumu, 300 kilometres from Alice Springs, in November 2019.
An NT Supreme Court jury found he acted in self-defence and in line with his police training, acquitting him of all charges in 2022.
After nearly two years, the inquest entered its final stages on Wednesday, with Dr Dwyer delivering a two-hour closing submission, dissecting the mountain of evidence and almost 2000 pages of written material.
Dr Dwyer explained how Kumanjayi Walker's early life exemplified findings handed down on Monday by Coroner Elisabeth Armitage’s domestic-violence inquiry.
“In the submissions of the Brown, family from the age four to 10, Kumanjayi Walker was exposed at home to a relationship ... plagued by excessive alcohol consumption and domestic violence,’” Dr Dwyer said.
His experiences as a young child, and the failure to support or identify his disabilities, had increased his contact with the justice system, and she urged the coroner not to “sugar-coat” an earlier arrest.
Three days before the shooting, Senior Constable Lanyon Smith and Senior Constable Chris Hand attempted to arrest Mr Walker, who swung an axe at them, which Dr Dwyer said would have been frightening.
However, Mr Walker’s actions were not intended to cause violence but rather escape, which she said was evidenced by the officers' actions that day in not pulling a weapon.
She said the actions of those officers were in stark contrast to former-constable Rolfe, who she alleged in her submission to the Coroner was “undisciplined, ego-driven and contemptuous of authority”.
“Mr Rolfe was a man whose ego was wrapped up in his use of force and who took pride in, and derived a sense of worth from expressing his dominance over others," Dr Dwyer said.
“They were generally Aboriginal men and he expressed that dominance with the use of force.
“He had little regard for authority or the rules at least where it didn’t suit him, which gave him the opportunity to get some 'cowboy shit done'.”
Body-worn vision shows Mr Rolfe striking an Aboriginal man in the head just weeks before he fatally shot Mr Walker, one of several examples drawn on in final arguments by Dr Dwyer.
“When Mr Rolfe used excessive force, he advertised it to some of his colleagues because he thought it was funny," she said.
"When taken together with a myriad of examples of Mr Rolfe ... boasting about his use of force, that conduct is reflective of his fascination with violence.”
Rolfe lied in testimony, Dwyer alleges
In November 2019 then police Constable Zachary Rolfe shot Kumanajay Walker three times during an attempted arrest in the community of Yuendumu.
At a trial in 2022, Mr Rolfe was acquitted of murder, manslaughter, and engaging in a violent act causing death.
Dr Dwyer said on the night of Mr Walker’s shooting, Mr Rolfe made himself “a self-appointed leader,” which she alleged was consistent with his “deliberate failure to follow the arrest plan” from his supervisors.
He also lied when he took the stand in his trial about the circumstances of Kumajayi Walker's attempted arrest, she alleged.
“He told a lie because he knew the truth, which was that he had received the document, tended to prove that he was aware of the 5.30am arrest plan, and he actively knew he had deviated from that plan,” she said.
“Mr Rolfe’s account of Mr Walker reaching for his gun was an invention.”
She said that while conducting a video interview with The Australian, that included multiple takes of his account, not once did he mention that Mr Walker ever reached for his gun.
“As a result of this lie, Your Honour couldn't accept, even on balance, that Mr Rolfe ... feared for his or Constable Adam Eberl's life."
The court also heard final submissions from the lawyers representing Kumanjayi Walker’s family groups.
For them, reliving the events of Mr Walker’s death has been distressing and retraumatising.
They now hope the inquest will bring change needed to prevent this from happening again.
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