This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/australia-news/2023/jun/28/zachary-rolfe-former-nt-police-officer-loses-bid-to-avoid-giving-evidence-at-kumanjayi-walker-inquest

The article has changed 4 times. There is an RSS feed of changes available.

Version 0 Version 1
Zachary Rolfe: former NT police officer loses bid to avoid giving evidence at Kumanjayi Walker inquest Zachary Rolfe: former NT police officer loses bid to avoid giving evidence at Kumanjayi Walker inquest
(32 minutes later)
Northern Territory court upholds coroner’s ruling that witnesses could be forced to answer questions at inquest into fatal police shootingNorthern Territory court upholds coroner’s ruling that witnesses could be forced to answer questions at inquest into fatal police shooting
A former Northern Territory police officer has lost an appeal and can be forced to answer a coroner’s questions about the fatal shooting of an Indigenous teenager.A former Northern Territory police officer has lost an appeal and can be forced to answer a coroner’s questions about the fatal shooting of an Indigenous teenager.
Ex-constable Zachary Rolfe shot Kumanjayi Walker, 19, three times during a bungled outback arrest in Yuendumu, north-west of Alice Springs, on 9 November 2019.Ex-constable Zachary Rolfe shot Kumanjayi Walker, 19, three times during a bungled outback arrest in Yuendumu, north-west of Alice Springs, on 9 November 2019.
An inquest into the Warlpiri man’s death has been repeatedly disrupted by legal stoushes about whether Rolfe and another officer have the legal right to refuse to provide evidence to the coroner.An inquest into the Warlpiri man’s death has been repeatedly disrupted by legal stoushes about whether Rolfe and another officer have the legal right to refuse to provide evidence to the coroner.
Coroner Elisabeth Armitage previously determined that witnesses could not decline to answer questions by invoking the penalty privilege, which Rolfe did when he first appeared at the inquest in November.Coroner Elisabeth Armitage previously determined that witnesses could not decline to answer questions by invoking the penalty privilege, which Rolfe did when he first appeared at the inquest in November.
The coroner’s ruling was initially upheld by the NT supreme court and has now been reaffirmed by the Court of Appeal. The coroner’s ruling was initially upheld by the NT supreme court and has now been reaffirmed by the court of appeal.
It found that the continued operation of penalty privilege would contradict or diminish the operation of coronial legislation It found that the continued operation of penalty privilege would contradict or diminish the operation of coronial legislation.
Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup
Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup
Rolfe’s legal team argued the coroner could not protect him from potential disciplinary action stemming from his evidence and the penalty privilege protections remained available to him as a common law right.Rolfe’s legal team argued the coroner could not protect him from potential disciplinary action stemming from his evidence and the penalty privilege protections remained available to him as a common law right.
The effect of Wednesday’s ruling is that Judge Armitage should now be able to compel Rolfe to answer questions about racist text messages that the inquest was told he sent. The effect of Wednesday’s ruling is that Armitage should now be able to compel Rolfe to answer questions about racist text messages that the inquest was told he sent.
He is also likely to be asked about the night he killed Walker, his previous alleged misuse of police body-worn cameras, previous alleged excessive use of force and an allegedly falsified NT police recruitment application.
Sign up to Guardian Australia's Morning MailSign up to Guardian Australia's Morning Mail
Our Australian morning briefing email breaks down the key national and international stories of the day and why they matterOur Australian morning briefing email breaks down the key national and international stories of the day and why they matter
after newsletter promotionafter newsletter promotion
He is also likely to be asked about the night he killed Walker, his previous alleged misuse of police body-worn cameras, previous alleged excessive use of force and an allegedly falsified NT police recruitment application.
In March last year, a jury found Rolfe not guilty of murdering Walker, causing outrage in the Indigenous man’s grieving community.In March last year, a jury found Rolfe not guilty of murdering Walker, causing outrage in the Indigenous man’s grieving community.
The inquest is due to resume in October but will not wrap up until at least March next year.The inquest is due to resume in October but will not wrap up until at least March next year.