'Tell the truth': Indigenous family's plea for justice

Kumanjayi Walker's family and their lawyers have repeated calls for the truth to come out. (HANDOUT/SUPPLIED)

For two years the cry from Kumanjayi Walker’s family has been simple: "tell the truth". 

When an inquest into his death began on September 5, 2022 family members created a sign with those three words that sat on the lawns opposite Alice Springs Local Court. It was a concept they felt had eluded a criminal trial. 

In March 2022 an NT Supreme Court jury acquitted then-constable Zachary Rolfe of murder after he shot 19-year-old Mr Walker at close range in a botched arrest in the remote community of Yuendumu.

Zachary Rolfe (file image)
Zachary Rolfe was racist and the NT Police is plagued with systemic racism, a coroner has heard.

Brown family counsel Gerard Mullins KC, who represents parts of Kumanjayi Walker’s kin, said the court lawns were a place of "solidarity" for family and were "different from the courthouse, but close enough to be connected".

“It offers the opportunity for elders to give guidance and for young people to speak their mind," he told the long-running inquest on Wednesday.

"The court lawns have and will continue to provide a waiting place where many Aboriginal people gather (and) to tell the truth.” 

Parumpurru Committee of Yuendumu counsel Julian McMahon SC reminded the coroner of the community’s call for “no more guns” in their remote town and prohibitions on the use of police dogs.

The four lawyers representing the Yuendumu community, Walker and Brown families and North Australian Aboriginal Justice Agency all asked the coroner for truth. 

They said the evidence had shown Mr Rolfe was racist and NT Police was plagued with "structural and systemic" racism.

For this reason, North Australian Aboriginal Justice Agency counsel Phillip Boulten asked the coroner to find that "institutional racism" led to Mr Walker's fatal shooting.

Coroner Elisabeth Armitage has revealed a culture of racism within the force that has echoed through the Northern Territory and exploited the injustices of a carceral system. 

During this process, evidence inadmissible during the criminal trial has become public knowledge. 

Peggy Dwyer
Peggy Dwyer said Kumanjayi Walker's "frightening" behaviour was not intended to cause harm.

This included reams of text messages from Mr Rolfe's phone and his fellow officers that called Aboriginal people "n***as", "c**ns, and "neanderthals". 

Mr Rolfe described himself as having a licence to “towel up locals” and encouraged other officers to do the same if they “were bored”. 

Counsel assisting Peggy Dwyer delivered a two-hour closing submission that dissected more than two years of evidence and 1990 pages of written submissions. 

Starting with Mr Walker’s life, Dr Dwyer reminded the court of his childhood, including his exposure to complex trauma and unsupported disability. 

“It's accepted that Kumanjayi was loved, was capable of great love, and that he did not have the support that he deserved when he was growing up.” 

Three days before Mr Walker's death, Senior Constable Lanyon Smith and Senior Constable Chris Hand attempted to arrest the 19-year-old, who swung an axe at them. 

Dr Dwyer said Mr Walker's "frightening" behaviour was not intended to cause harm but rather to escape custody, which was evidenced by the officers' actions that day in not pulling a weapon.

NT Police Deputy Commissioner Martin Dol arrives at Alice Springs Local Court.

In stark contrast, Dr Dwyer suggested Mr Rolfe was “undisciplined, ego-driven and contemptuous of authority”.

“Mr Rolfe was a man whose ego was wrapped up in his use of force and who 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."

She said he would boast about the use of excessive force which was indicative of his “fascination with violence”.

She said on the night of Mr Walker’s passing, Mr Rolfe made himself “a self-appointed leader” which was consistent with his “deliberate failure to follow the arrest plan” from his supervisors.

The inquest will continue on Thursday with closing submissions from counsel for Mr Rolfe, NT Police, Territory Families and NT Health. 

Dr Dwyer is expected to release proposed findings by December 17.

13YARN 13 92 76

Lifeline 13 11 14

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