Two years and four months after his death, Kumanjayi Walker’s family will soon know the fate of the policeman who shot and killed the 19-year-old in the small community of Yuendemu on November 9, 2019.
Constable Zachary Rolfe shot the Warlpiri teenager three times when he and another officer, Adam Eberl, attempted to arrest him for an outstanding warrant.
After almost five weeks of legal argument, more than 40 witnesses, and over a hundred exhibits of evidence, Constable Rolfe’s fate now rests with the 12 men and women of the jury.
The jury retired Thursday to decide if Constable Rolfe is innocent or guilty of murder. They must also consider the alternative charges of manslaughter and engaging in a violent act causing death.
Trial Judge John Burns summed up the case before the jury were sent away to deliberate.
Zachary Rolfe (R) and his defence barrister David Edwardson leave the Supreme Court of the Northern Territory Thursday. Source: NITV News
“You have sworn to give true verdicts according to the evidence," he said to them.
"You must approach your task as jurors dispassionately, but also fearlessly. You must not let emotion or sympathy affect your verdicts."
Justice Burns reminded the jury that Zachary Rolfe was innocent until proven guilty, and proving his guilt was the job of the prosecution.
The judge said the Crown must have proved to the jury "beyond reasonable doubt" that Constable Rolfe was not acting in self-defence, his conduct was not reasonable in the circumstances, and he was not acting in good faith.
"The elements of the charges are concerned with proof of what in fact happened on the ninth of November. That is why you were taken at length to the body-worn video of the police who were present that evening."
Warlpiri Elder Ned Hargraves leaves the court. He has represented Kumanjayi Walker's community of Yuendumu during the trial. Source: NITV News
Justice Burns concluded his summary by telling the jury, if they accepted Constable Rolfe’s evidence that he believed Kumanjayi Walker was stabbing his partner Constable Adam Eberl whilst they were fighting on a mattress, they must aquit.
“If you believe as a reasonable possibility that that evidence is true, you must find him, that is the accused, not guilty on all three counts. No question about it.” Justice Burns said.
Constable Rolfe has always maintained he was following his training, performing his police duties in good faith, and defending himself and a fellow officer when he shot Kumanjayi Walker, after the Warlpiri man stabbed him with a pair of scissors.
The prosecution says Constable Rolfe’s second and third shots were unnecessary and unlawful, and the situation had changed following shot one, and that Constable Rolfe’s fellow officer had by then restrained Kumanjayi Walker.
If Rolfe is found guilty of murder, the NT’s mandatory sentencing laws mean Justice Burns must impose a minimum non-parole period of 20 years. Manslaughter also carries a maximum penalty of life in prison.
The offence of committing a violent act causing death was introduced in 2012 to deter one-punch attacks.
Kumanjayi Walker's family and supporters leave the court. The verdict, when eventually delivered, will not be audio-streamed to Yuendumu. Source: NITV News
If found guilty of this crime, Constable Rolfe could face a maximum of 16 years in prison.
An audio feed of the decision will not be livestreamed into Yuendemu meaning family, kin and other community members will have to rely on word of mouth to hear the verdict for themselves.
30-year-old Constable Zachary Rolfe had his bail extended while the jury deliberates.
If the jury can’t reach a verdict by tomorrow afternoon, they will resume deliberations on Monday, having refused the option of sitting through the weekend, possibly setting up an anxious and uncertain wait for all concerned.
