Zachary Rolfe must testify in Kumanjayi Walker coronial inquest, following NT Court ruling

The former police officer, who shot and fatally shot the Warlpiri teen in 2019, had tried to avoid giving evidence to the court and left the country in February.

Former officer Zachary Rolfe, who left the country in February, has been ordered to testify before a NT coroner's court. Source: AAP / Aaron Bunch/AAP Image

An appellate court has dismissed a former Northern Territory officer's attempt to avoid testifying before the coronial inquest into the death of the teenager he shot in 2019.

Zachary Rolfe, who fatally shot Kumanjayi Walker in his remote home of Yuendumu during a botched arrest, was found not guilty of the Walrpiri man's murder by a jury last year.

The subsequent coronial inquiry has been able to examine material that was deemed inadmissible to the court trial, including extremely racist text messages sent by Rolfe to colleagues and friends.

Rolfe appeared before the inquest in November last year, but soon refused to testify further, citing a legal provision which protects officers from self-incrimination during internal police investigations.

He lodged an appeal, his third and final, against appearing before the inquest in April this year, but in a decision handed down by the territory's Supreme Court on Wednesday, his legal team's arguments were rejected.

In a statement, Kumanjayi Walker's family welcomed the decision.

“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," said Samara Fernandez-Brown, Kumanjayi's cousin and family representative.

"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.”

The North Australian Aboriginal Justice Agency (NAAJA), the successful co-respondent to the Rolfe's appeal, argued that officers cannot avoid answering coronial inquest questions for fear of self-incrimination, nor are they entitled to protection from the coroner from future prosecution.

They also welcomed the court's decision, and said it was a 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," they said in a statement.

"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."