Rolfe must answer to coroner in the inquiry into the death of Kumanjayi Walker

Kumanjayi Walker’s family are a step closer to the truth behind his death, after the Northern Territory Court of Appeal today dismissed an appeal from Zachary Rolfe said the North Australian Aboriginal Justice Agency (NAAJA).

The judges decided in favour of NAAJA’s legal argument that Rolfe cannot rely on a common law protection known as ‘penalty privilege’ to dodge accountability and avoid answering questions in the coronial inquest into the death of Kumanjayi Walker. 

On 9 November 2019, 19-year-old Warlpiri and Luritja teen Kumanjayi Walker was killed after being shot three times at close range by Zachary Rolfe in his home community of Yuendumu. Constable Rolfe was charged with murder after the shooting but acquitted at trial. 

Alongside the family of Kumanjayi Walker, NAAJA appeared in the Court of Appeal. NAAJA successfully argued that in coronial inquests:

  • police officers cannot avoid answering questions for fear that it might expose them to internal disciplinary action; and 

  • police officers are not entitled to be granted protection from disciplinary proceedings by the Coroner. 

The coronial inquest into Kumanjayi Walker’s death commenced back on 5 September 2022 and after many delays is scheduled to continue in October later this year. 

Quote from Samara Fernandez-Brown, cousin of Kumanjayi Walker: 
“Although we are frustrated with the constant disruptions in our journey for answers and justice, we are happy with the decision made by the Court of Appeal. We believe in order to gain the truth about our loved one’s death and move towards change, Rolfe must answer for his actions. There is no moving forward or justice without the full truth and accountability.”

Quote from Nick Espie, Principal Legal Officer at the North Australian Aboriginal Justice Agency (NAAJA):
“NAAJA welcomes this decision by the Court of Appeal, which is an important step towards holding police accountable for the deaths of Aboriginal people in their custody.

“Kumanjayi Walker’s families and communities searching for answers deserve to know the full truth as to how their loved one died. This decision means they are one step closer. The coronial process can now hear all relevant evidence and also consider community-led solutions for how to prevent future deaths in custody.

“We stand with the family and community of Kumanjayi Walker, as they demand truth, accountability and justice through the coronial process”.

Background
The North Australian Aboriginal Justice Agency (NAAJA), with support from the Human Rights Law Centre, are highlighting systemic injustices experienced by Aboriginal people in the Northern Territory and call for: 

  • an end to discriminatory policing and excessive use of force by police; 

  • independent and robust police accountability mechanisms; and 

  • proper resourcing for self-determined justice solutions including community-led alternatives to police.

Media contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au

Thomas FengAboriginal & Torres Strait Islander Peoples' Rights