'Feared for my life': Rolfe testifies on shooting Kumanjayi Walker

A Northern Territory policeman on trial for murder says he feared for the life of him and his partner during a failed arrest which left an Aboriginal teenager dead.

Yuendumu community members outside the Supreme Court of the Northern Territory on Thursday.

Yuendumu community members outside the Supreme Court of the Northern Territory on Thursday. Source: Supplied: Guy McLean

Representatives from Yuendemu, where the fatal shooting took place, presented a united front outside the Supreme Court on day 19 of Constable Zachary Rolfe's murder trial.

Inside the courtroom, there was barely a spare seat.

The easing of COVID-19 restrictions meant an end to social distancing requirements, allowing more people to watch the accused return to the witness box on Thursday to give more evidence in his own defence.

Constable Rolfe has pleaded not guilty to murder and two alternative charges.
Warlpiri Elder Uncle Ned Jampijinpa Hargraves in his wheelchair.
Warlpiri Elder Uncle Ned Jampijinpa Hargraves. Source: Supplied: Guy McLean
In questioning, defence barrister David Edwardson QC took his client, and only defence witness, back to House 511 in Yuendumu on the night of November 9 2019, and the moments that led to the death of 19-year-old Kumanjayi Walker.

Constable Rolfe told the jury that when Kumanjayi Walker stabbed him with a pair of scissors, he thought it was a blade, and that his life was in danger. 

“As soon as I saw him with the blade, I immediately feared for my life and instinctively went for my Glock [pistol],” he testified. 

Constable Rolfe told the jury that during the struggle between him and Kumanjayi Walker, he saw the deceased's hand on his gun, and immediately enacted a defensive move designed to knock it away. 

"Kumanjayi's focus then turned to Eberl, and I immediately feared for Eberl's life," Rolfe told the court.

"So I drew my Glock, and when it was safe to fire, still fearing for Eberl’s life, I fired one round into the centre of seen mass.”
Zachary rolfe
Constable Zachary Rolfe leaves the Northern Territory Supreme Court on Thursday. Source: NITV
The accused told the court that the first shot "hadn’t incapacitated [Kumanjayi Walker] at all.

“I could see Kumanjayi Walker's right arm with the blade in it still moving and stabbing Constable Eberl on the ground.”

Constable Rolfe again described how he "was in fear of my partner’s, life and I needed to incapacitate the threat immediately by the use of my firearm.

“I then fired two more rounds into Kumanjayi's centre of mass, at which point I observed [that] his right arm stopped trying to stab my partner.”

The officer is not being charged in relation to the first gun shot, it being deemed a 'reasonable use' of force.

Constable Rolfe said he viewed Kumanjayi Walker as a threat to Constable Eberl even after he’d been shot three times, saying the deceased continued to resist arrest while being handcuffed.

“I believed he had enough strength left in him to fight, he said 'I’m going to kill you mob,'" Rolfe told the court.
Constable Adam ederl
Constable Adam Eberl was positioned partially on top of Kumanjayi Walker when the teenager was shot. Source: Supplied
The officer said he didn’t deploy his police taser after being stabbed by Kumanjayi Walker because "he was too close to the deceased for a taser to be effective", adding he’d been trained to draw his firearm when confronted with an edged weapon.

"My training states that I should not go hands on with someone with an edged weapon unless I cannot use my firearm."

Rolfe described how the he and the other Immediate Response Team members drove Kumanjayi Walker back the Yuendumu police station after the shooting, and attempted to save his life using "only basic first aid kits".

The community's health clinic was closed and health staff had left several days earlier due to break-ins at their homes.

Earlier in the day, Constable Rolfe had concluded the defence evidence in chief by saying he didn't offer verbal commands to drop the weapon before firing because "I was in fear for Constable Eberl's life and I did not have time to waste on verbalising."
Kumanjayi Walker in handcuffs
Kumanjayi Walker was "still considered a threat" after being shot three times, and remained so until he was handcuffed, the court heard Thursday. Source: Supplied: Supreme Court of the Northern Territory
Prosecutor Philip Strickland SC began cross examining Constable Rolfe by asking:

"You knew that if you fired two shots in quick succession, at point-blank range... at an area containing his heart and his lungs, that would likely cause his death, didn't you?"

"I knew it would likely cause death or serious harm," replied Rolfe. 

The Crown also asked constable Rolfe about his military training and whether he regarded his "military training as assisting you in the deployments [to arrest people] you've given evidence about?"

"Yes, I have," confirmed Rolfe, who said his military experience had made him a better police officer.

"For example, when in the police force learning to use an AR15, a patrol rifle, I'd already had hands on that similar rifle before, I knew how to use it."
Prosecutor philip strickland
Prosecutor Philip Strickland examined Constable Zachary Rolfe in the witness stand on Thursday. Source: Supplied: Guy McLean
Mr Strickland questioned Rolfe about his approach to the dangerous elements of his job. 

"Isn't it the case that you obtained some excitement - some enjoyment - in being deployed to high-risk situations?"

"I wouldn't call that excitement," replied Rolfe. 

He also questioned as to why Constable Rolfe applied to "undertake the ADF Special Forces entry test" in 2018 while still serving as police officer.

"To be honest, at that point in time I was in a bit of a rut in the police force and I was looking at other career paths."

The Crown then took Constable Rolfe back to the so-called axe incident, when Kumanjayi Walker threatened two Yuendumu police officers with an axe three days before he was shot.

"You gave evidence yesterday that you believe that the incident was being - to use your words - 'swept under the rug'.

"But how were you able to assess that if you weren't there?" asked Mr Strickland.

"After watching the body-worn footage," replied Constable Rolfe. 

The Crown is expected to continue cross-examining Constable Rolfe when the trial resumes.

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5 min read
Published 3 March 2022 6:49pm
Updated 12 October 2022 4:13pm
By Michael Park
Source: NITV News


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