<?xml version="1.0" encoding="ISO-8859-1"?> <docID>334186</docID> <postdate>2024-11-28 08:46:00</postdate> <headline>Rolfe’s lawyer urges caution for coroner on racism claims</headline> <body><p><img class="size-full wp-image-334163" src="https://citynews.com.au/wp-content/uploads/2024/11/20240226001908556175-original-resized.jpg" alt="" width="900" height="601" /></p> <caption>Lawyers for police officer Zachary Rolfe have urged caution on suggested racism in evidence. (Rudi Maxwell/AAP PHOTOS)</caption> <p><span class="kicker-line">By <strong>(A)manda Parkinson</strong> in Darwin</span></p> <p><strong>Evidence suggesting racism or racist behaviour in the Northern Territory police force when Zachary Rolfe fatally shot indigenous teenager Kumanjayi Walker is irrelevant to a coronial inquest, the police officers lawyers say.</strong></p> <p>In March 2022 an NT Supreme Court jury acquitted then-constable Mr Rolfe of murder after he shot 19-year-old Mr Walker at close range in a botched arrest in the remote community of Yuendumu.</p> <p>In a closing submission to Judge Elisabeth Armitage, Mr Rolfe's lawyer Luke Officer, told the court all evidence regarding racism or racist behaviour was irrelevant to the cause of death under the <em>NT Coroner's Act</em>.</p> <p>"There's no need to inquire into whether racism played a part, as the Northern Territory police force have agreed with us... there is no direct evidence of that, but it has no relevance to cause a death," Mr Officer told the court.</p> <p>"Your Honour, in the first instance, you must make findings of fact as to cause of death, not whether something might be reliable or can be relied upon."</p> <p>He went on to say there was no evidence from any officers that Mr Rolfe had acted in "any other manner than otherwise professional [and] courteous in his discharge of his duties."</p> <p>He claimed that private text messages that Mr Rolfe had sent which spoke about Aboriginal people using excessive force and derogatory names, should never have been part of the coronial's inquest.</p> <p>Mr Officer rejected counsel-assisting Peggy Dwyer SC assertions that Mr Rolfe was "undisciplined, ego-driven and contemptuous of authority".</p> <p>Dr Dwyer said Mr Rolfe was a man whose ego was wrapped up in his use of force.</p> <p>"(He) took pride in, and derived a sense of worth from expressing his dominance over others...they were generally Aboriginal men and he expressed that dominance with the use of force."</p> <p>She said he would boast about the use of excessive force which was indicative of his "fascination with violence".</p> <p>Mr Officer also argued that counsel-assisting never proved that Mr Walker did not reach for Mr Rolfe's gun.</p> <p>Dr Dwyer had earlier said that while conducting a video interview with The Australian, that included multiple takes of Mr Rolfe's account, he never mentioned that Mr Walker reached for his gun. She called his evidence a "fabrication".</p> <p>"As a result of this lie, Your Honour couldn't accept, even on balance, that Mr Rolfe... feared for his or Constable Adam Eberl's life…"</p> <p>Mr Officer said there were no winners in the truly tragic circumstance.</p> <p>"A young man lost his life and another young man... was charged with murder," urging the coroner to apply common sense the authorities demand.</p> <p>Closing statements continue on Thursday with institutional responses from NT Police, NT Health and the Department of Territory Families.</p> <p>Dr Dwyer is expected to release proposed findings by December 17.</p> </body>