Constable Rolfe called for the Coroner to step away from his case. She's rejected his request

Rolfe's submission was put forward two weeks before the inquest was set to resume from a break.

CORONER VISIT YUENDUMU NT

Coroner Elisabeth Armitage has rejected Zachary Rolfe's request for her to step down from the inquest due to "apprehended bias". Source: AAP / Aaron Bunch/AAP Image

WARNING: This story contains the name of an Aboriginal person who has passed.

Northern Territory Coroner Elisabeth Armitage has dismissed an application from Constable Zachary Rolfe that she recuse herself from the inquest into the murder of Kumanjayi Walker.

Ms Armitage has overseen the investigation since September 2022 and the inquest was scheduled to resume on October 23.
Mr Rolfe made the request two weeks prior via his lawyer, Luke Officer.

The submission suggested the coroner "consider recusing herself from the inquest on the grounds of apprehended bias".

On Wednesday, Ms Armitage denied the application, she determined she would not be stepping down from the inquest.

"I am not persuaded that a fair-minded lay observer might reasonably apprehend that I might not bring an impartial mind to the resolution of the issues arising," she wrote.

"Accordingly, I decline to recuse myself from proceeding with the inquest."

Ochre paint among concerns cited by Rolfe's lawyer

In the submission, Mr Officer alleged that Ms Armitage and the NT Police worked together to get his client sacked from the force earlier this year.

Ms Armitage had previously stated that some community members made comments to herself and counsel assisting Peggy Dwyer to the effect that "Mr Rolfe ought to lose his job as an NT police officer and that there was a need for customary payback".

Mr Officer said the way she conducted herself with Mr Walker's family and community during her visit to Yuendumu in November 2022 was unnecessary.
CORONER VISIT YUENDUMU NT
Coroner Elisabeth Armitage greets and speaks with senior Walpiri women outback community of Yuendumu, northwest of Alice Springs. Source: AAP / Aaron Bunch/AAP Image
He also raised concerns about Armitage and Dwyer having ochre painted on their foreheads by senior Warlpiri women during a ceremony.

Ms Armitage denied Mr Officer's allegations in her response, she quoted Julian McMahon from the Parumpurru Committee who said the visit was "essentially a listening experience".

Rolfe's request delayed the inquest, and no date has yet been set for it to resume.
This is not the first disruption to the inquest's schedule, with pauses being made to consider Mr Rolfe's legal right to refuse to answer questions related to text messages.

Ms Armitage ruled that he had to answer, and while his lawyer attempted an appeal in both the NT Supreme Court and the Court of Appeal - neither were successful.

Mr Rolfe shot Mr Walker, 19, three times while on duty in Yuendumu but was acquitted of murder in a five-week in 2022.

Share
3 min read
Published 23 November 2023 4:21pm
By Rachael Knowles
Source: NITV


Share this with family and friends