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Police officer’s letter contempt of court, lawyer says

Lawyer Andrew Boe says the letter contains ‘contemptuous remarks about this coronial investigation’. (Dan Peled/AAP PHOTOS)

By Annette Lin in Darwin

AN open letter from the police offer who shot an indigenous teenager should be investigated for contempt of court, the lawyer representing the teenager’s family says.

An inquest into the shooting death of Kumanjayi Walker resumed on Monday, days after Const Zachary Rolfe wrote a long open letter criticising NT police and the coroner. He has since left the country.

Const Rolfe shot Kumanjayi Walker, 19, three times as he resisted arrest in Yuendumu, northwest of Alice Springs, on November 9, 2019.

At the inquest on Monday, Andrew Boe, representing Mr Walker’s family, asked to submit the letter, along with an opinion piece published in the “Daily Telegraph”, a recording from Sky News and a Facebook comment attributed to Const Rolfe’s mother, to be investigated for contempt of court.

“The publications contain contemptuous remarks about this coronial investigation, and the inquest, and about your honour, and our submission is that they be refuted in court,” Mr Boe told coroner Elisabeth Armitage.

Ian Freckelton, representing the NT Police Force, questioned the motive of Const Rolfe’s letter and if it was an attempt to intimidate senior leaders of the police force.

“We don’t know whether the motive of Mr Rolfe is to try to intimidate the two members of the executive who are going to be giving evidence before you this week,” Dr Freckelton said.

“If that is his motive, it is an attempt to pervert the course of justice. It is a gross and blatant attempt to interfere with your inquest.”

Mr Boe said the letter contained “very false allegations about Kumanjayi which were denigrating of him”.

Const Rolfe has previously refused to answer questions as part of the inquest.

It is not known when Const Rolfe will return to Australia.

Witnesses scheduled to give evidence at the inquest in the next fortnight include Deputy Police Commissioner Murray Smalpage and other police officers.

Sapped by legal process, no surprises in Rolfe’s outburst

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One Response to Police officer’s letter contempt of court, lawyer says

G Hollands says: 28 February 2023 at 10:44 am

Wow, now the lawyers are at it. Not content to kick Mr Rolfe to the side after he was found not guilty of the charges, the NT Police Force ( and now others) wish to transmogrify Mr Rolfe’s response as “contempt”. In Australia, “Contempt in the face of the court is an act which has the tendency to interfere with or undermine the authority, performance or dignity of the courts or those who participate in their proceedings: Witham v Holloway (1995) 183 CLR 525 per McHugh J at 538-539.” That does not mean that courts cannot be criticised for either their decisions or their actions. Mr Rolfe should not be used as a punching bag to justify the actions of others. He has stood in the face of his accusers, and the jury has found him not guilty. Get over it!

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