NOTGUILTY Australia - Kumanjayi Walker, 19, fatally shot by LE, Yuendumu, Nov 2019

otto

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Credit to Trooper:

Trial: Kumanjayi Walker.

Zachary Rolfe is charged with Kumanjayi Walker's murder. Pre-trial begins today (msn.com)

"This trial is a landmark event, beginning to day in the NT. (Darwin). It isn't being teleported into Yuemendu ( where the killing took place, elders say no), but it is going to be broadcast into a court in Alice Springs.

If Sleuther is in Alice Springs..... with time on one's hands..... .

I say landmark, because it is, despite deaths, the first time a policeman has been charged with this sort of crime against this sector of the community in that location. Australia's great shame. And also, there is something dodgy about Zachary... He came into the police force with baggage, I can't quite recall the details. He is related to high powered people; one part of his story."
Perhaps this discussion could be moved to trials? I've alerted the moderators to please move this discussion to Trials or Australia.
 

Trooper

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Credit to Trooper:

Trial: Kumanjayi Walker.

Zachary Rolfe is charged with Kumanjayi Walker's murder. Pre-trial begins today (msn.com)

"This trial is a landmark event, beginning to day in the NT. (Darwin). It isn't being teleported into Yuemendu ( where the killing took place, elders say no), but it is going to be broadcast into a court in Alice Springs.

If Sleuther is in Alice Springs..... with time on one's hands..... .

I say landmark, because it is, despite deaths, the first time a policeman has been charged with this sort of crime against this sector of the community in that location. Australia's great shame. And also, there is something dodgy about Zachary... He came into the police force with baggage, I can't quite recall the details. He is related to high powered people; one part of his story."
Perhaps this discussion could be moved to trials? I've alerted the moderators to please move this discussion to Trials or Australia.


Thankyou, otto... big shoutout..

A bit of background , here....

Fresh charges laid against officer Zachary Rolfe in shooting death of Kumanjayi Walker | NITV (sbs.com.au)

The current proceeding is a pre-trial, and it is closed to the public, but the actual trial itself is expected to begin in a week... however, Covid is having it's dicey way, and borders , travel, movement is being restricted...

Rolfe has been out on bail all this time, , considering the charge , I find that a bit unusual, but he has clout in Canberra, which may explain it.

For further background, I went outside of Australian newspapers, on the grounds that they have an agenda of long standing in regard to these occurrences and this excerpt below is from Time Magazine, Au edition.

How Australia’s Aboriginal People Are Fighting for Justice | Time
 

brissygirl2019

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Trooper, my questions is, is being released on bail considering the charge actually so unusual?

There is a current case in WA of a police shooting that has resulted in the officer being charged with murder.

In that case the WA officer is on bail & he has also had his identity suppressed, I tend to agree with suppression of names in these cases, innocent until proven guilty etc.

Perhaps it is not a case of the officer charged in the NT shooting using any clout he may have? Just some thoughts to ponder
 

Trooper

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Trooper, my questions is, is being released on bail considering the charge actually so unusual?

There is a current case in WA of a police shooting that has resulted in the officer being charged with murder.

In that case the WA officer is on bail & he has also had his identity suppressed, I tend to agree with suppression of names in these cases, innocent until proven guilty etc.

Perhaps it is not a case of the officer charged in the NT shooting using any clout he may have? Just some thoughts to ponder
I really think it is!... It is the most serious charge in the books, and the motivation to abscond is extremely high... however, it is something that police officers in just about all juristictions in AUstralia manage to achieve...

Rolfe getting bail was a real kick in the guts to the family and the community, but not unknown among the wider community, at all, more par for the course..

Just for contrast. Up in Brissy, where you are, here is the 2nd man charged in Kelly Wilkinson 's murder... ( Bradley Bell ) .

Police claim Kelly Wilkinson's alleged killer offered co-accused $1,000 as part of murder plot - ABC News


'Bell faced the Southport Magistrates Court on Wednesday, accused of aiding Johnston by driving him to Ms Wilkinson's home in Arundel.

He was not able to apply for bail because of the serious nature of the charge and has been remanded in custody.'

( My italics )
 

Trooper

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Trooper, my questions is, is being released on bail considering the charge actually so unusual?

There is a current case in WA of a police shooting that has resulted in the officer being charged with murder.

In that case the WA officer is on bail & he has also had his identity suppressed, I tend to agree with suppression of names in these cases, innocent until proven guilty etc.

Perhaps it is not a case of the officer charged in the NT shooting using any clout he may have? Just some thoughts to ponder


One more thing.. Rolfe was allowed to leave the Northern Territory and go back home to Mum and Dad in Canberra... Not only bail granted but allowed to move 2 states over to the coast to live out the interim... most people are not allowed to leave within 20 klms under normal bail conditions.
 

drsleuth

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No cookies | NT News

Zach Rolfe may be immune from prosecution over Yuendumu shooting, court hears

The revelation comes after Justice Dean Mildren postponed the trial due to start next week indefinitely after a week of closed court hearings on Thursday due to Covid-19 travel restrictions.

In adjourning the court until a date to be fixed, Justice Mildren also referred three questions of law for determination by the full bench of the Supreme Court.

The questions relate to provisions of the Police Administration Act designed to protect police from criminal charges for things they do while acting in the course of their duties.

First, whether the protections apply only to officers “acting in the capacity of a public official under an authorising law”.

Second, under what conditions should an officer be considered to be “acting in the capacity of a public official under an authorising law”.

And third, whether, based on an assumed set of facts in the Rolfe case, “was he acting in the exercise or purported exercise of a power or performance or purported performance of a function under the (act)”.
 

Trooper

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No cookies | NT News

Zach Rolfe may be immune from prosecution over Yuendumu shooting, court hears

The revelation comes after Justice Dean Mildren postponed the trial due to start next week indefinitely after a week of closed court hearings on Thursday due to Covid-19 travel restrictions.

In adjourning the court until a date to be fixed, Justice Mildren also referred three questions of law for determination by the full bench of the Supreme Court.

The questions relate to provisions of the Police Administration Act designed to protect police from criminal charges for things they do while acting in the course of their duties.

First, whether the protections apply only to officers “acting in the capacity of a public official under an authorising law”.

Second, under what conditions should an officer be considered to be “acting in the capacity of a public official under an authorising law”.

And third, whether, based on an assumed set of facts in the Rolfe case, “was he acting in the exercise or purported exercise of a power or performance or purported performance of a function under the (act)”.
Up to the Supreme Court, as it always was going to be, really. And they won't be the last stop, the High Court in Canberra will be gearing up to have this baton passed on to them.

This is not something that can be decided on a state by state basis, IMO......

The matter of whether there are boundaries in what a police man can do in the exercising of his authority is long over due to be Federally adjudicated.
 

Trooper

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Police officer accused of murder of Kumanjayi Walker seeks to argue he was acting in ‘good faith’ | Australian police and policing | The Guardian


"
"According to the assumed facts, officers attended Walker’s house after he’d breached a court order by returning to the community, and then threatened officers with an axe.

It is alleged that Rolfe fired his gun after Walker had stabbed him with a pair of surgical scissors."

The scissors story is only Rolfe's allegation,, it is not an 'assumed'or 'agreed to' fact.. It is the defence that Rolfe is relying on to indicate his use of the gun at close quarters..
 

Trooper

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New date set for murder trial of NT police officer Zachary Rolfe - ABC News


'The trial was due to begin on Monday, July 26 and run for four weeks, but Acting Justice Dean Mildren last week adjourned it indefinitely because key prosecutors were unable to travel to Darwin.

Barristers Philip Strickland and Sophie Callan are based in Sydney, which is currently declared a COVID-19 hotspot by the Northern Territory government.

Mr Strickland will undergo 14 days of quarantine at the Howard Springs facility from Monday.'
 

Trooper

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NT police murder trial delayed again (thenewdaily.com.au)

Policeman Zachary Rolfe’s murder trial over the outback shooting of an Indigenous man will be delayed again as Australia’s highest court decides whether to allow a key tenet of his defence.

( The Defence is.....a particular clause in the police charter, that, on first sight, tends to absolve any officer of any sort of 'accident' . .. bad judgement, inattention, etc... )

This clause provides a protection for officers from civil and criminal prosecution for certain actions if performed in good faith during the exercise of police power.

Its interpretation is central to Mr Rolfe’s pending trial in the NT Supreme Court, with Philip Strickland SC fearing it could culminate in an “incorrect” acquittal by the jury.
 

Trooper

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NT police officer Zachary Rolfe’s ‘good faith’ defence blocked in alleged murder of Kumanjayi Walker | Northern Territory | The Guardian


A very interesting headline. ..... certainly not one I expected, .. looks like this may be a strap in and hang on kind of trial coming up, setting precedence all over the place..


NT police officer Zachary Rolfe’s ‘good faith’ defence blocked in alleged murder of Kumanjayi Walker


Full bench rules in favour of prosecutors to stop constable Zachary Rolfe relying on an immunity clause in Northern Territory police laws

Northern Territory police officer Zachary Rolfe, accused of murdering Indigenous man Kumanjayi Walker in the remote community of Yuendumu, has been blocked from using a ‘good faith’ defence. Photograph: Lukas Coch/AP

Wed 10 Nov 2021 12.45 AEDT



Australia’s highest court has thwarted a police officer’s bid to argue he acted in “good faith” in the alleged murder of an Indigenous man.

Prosecutors successfully challenged one aspect of constable Zachary Rolfe’s defence in his pending trial for the alleged murder of 19-year-old Kumanjayi Walker.



He was shot three times after stabbing Rolfe with a pair of surgical scissors while being arrested in the remote Northern Territory community of Yuendumu in November 2019.


( note, this is only one aspect of Rolfe's defence. From memory, the other part was, Rolfe maintained that there was intent on the part of Kumanjayi, and that aspect has not been subject to consideration, as far as I am aware. )

Well. all up I am t.h.r.i.l.l.e.d.
 

Trooper

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I'm maybe not as thrilled as you are Trooper, but differing opinions is what makes the world go round

Following this with interest
I really believed that Rolfe would be given this out, many others have in times past.. ....It is a huge part of his defence, too.. really, about 80% of it.. this finding levels the playing field by quite a substantial amount.. glad to have you on board, Brissy.
 

brissygirl2019

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Thanks, good to be on board :)

It was a large chunk of the defence for sure & this decision has made a not guilty verdict a little harder to get.

I read the trial is set down for February 7th 2022, not sure that I saw that up thread.

Such a drawn out process, the irony that the police have to make split second life or death decisions and the wheels of the legal world move ever so slowly
 

Trooper

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October 22, 2021 - A not guilty finding in the WA case:

Family question 'all-white' jury after police officer found not guilty of murdering Aboriginal woman

I would be keen to find out why this officer in WA was able to keep his name suppressed for the duration of the legal proceedings but ZR has not??
It just doesn't come off as ok, does it.??? or is it me? no. It is wrong. It obviously is legal, but ..

No one outside that court room is prepared to accept this verdict, it appears..
 

brissygirl2019

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This is the result of a trial in Western Australia. .. I put this up here, as (a) relevant information, and (b) as perhaps an indicator of how the Supreme Court verdict on Rolfe will ensue..


I hope not, but .. my expectations are low.

‘A cop can shoot a person in cold blood and get away with it…’ | The Saturday Paper

Sorry Trooper, I missed this post of yours re the WA case.

That article is behind a paywall for me :mad:

It could be a huge indicator of how ZR's case will go, but every case is different and there has been such massive publicity & social media over ZR's case and I don't think that is ever a good thing either IMO
 
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