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Eight-thousand pages of messages were downloaded from Constable Zachary Rolfe's phone, including some that were "disturbing" and "disgraceful", after he was arrested and charged with murder over the death of 19-year-old Kumanjayi Walker in 2019, the Northern Territory coroner has heard.
Key points:
- Legal arguments over objections to some evidence continued for a second day
- Coroner Elisabeth Armitage is expected to rule on Constable Rolfe's objections on Tuesday
- Witnesses are expected to resume giving evidence this week
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains an image of a person who has died, used with the permission of their family.
While some of those messages were "private", Counsel Assisting the Coroner Peggy Dwyer told the court she would like other "disturbing" messages to be used as evidence in the coronial inquest examining the circumstances of Mr Walker's death.
"The text messages … include many more than just the two text messages that the Crown prosecutor sought to rely on [at trial]," Dr Dwyer said.
"The text messages reveal very disturbing attitudes … in relation to the use of force, or proposed use of force, by a number of Northern Territory Police who were communicating with Constable Rolfe."
The two messages prosecutors attempted to put to jurors were struck out by Supreme Court Justice John Burns prior to Constable Rolfe's criminal trial, but released by the court after his acquittal.
Constable Zachary Rolfe was unanimously found not guilty of any offence in relation to the death of Mr Walker after a five-week Supreme Court trial in Darwin earlier this year.
NT coroner Elisabeth Armitage is currently presiding over a three-month coronial inquest in Alice Springs.
Constable Rolfe's lawyers last week launched an objection to a handful of questions and pieces of evidence Counsel Assisting the Coroner had proposed to include in the inquiry.
The objections related to Constable Rolfe's ex-fiance being called as a witness and text messages described by Dr Dwyer as "disturbing" and "disgraceful."
"It is of concern … that those text exchanges include some of Constable Rolfe's superiors, who were in a position where they should have demonstrated leadership, supervision, and advice," Dr Dwyer said.
"I expect to submit … that they reveal disturbing attitudes towards Aboriginal people.
"They reveal attitudes of contempt towards the Northern Territory Community Police, or bush police. And they reveal a disregard for the way that community or bush police, approach policing. They reveal attitudes of contempt towards senior police management."
Constable Rolfe's barrister, David Edwardson KC, earlier told the court admitting the messages and other evidence under objection, had the potential to "undermine" the unanimous jury verdict earlier this year.
"The introduction of this evidence is so remote and removed that it will, we suggest, demonise Zachary Rolfe," Mr Edwardson KC said.
Dr Dwyer told the coroner the messages would not be used to "demonise" the Constable, or other officers involved in the exchanges, but to "understand" the attitudes of those police.
"If your Honour does find that they are relevant, we need to understand why those attitudes develop and what the implications of them are and how that can be addressed," Dr Dwyer said.
The exact contents of the text messages remain subject to a suppression order, but were described by Philip Boulten SC, for the North Australia Aboriginal Justice Agency, as having "overtly racist tones."
Lawyers for Kumanjayi Walker's family, NAAJA and the Yuendumu Parumpurru Committee echoed Dr Dwyer's argument, while barrister for the Northern Territory Police Association (NTPA) argued the "limited" messages could not establish a "systemic racial view" within the police force.
Sally Ozolins, for the NTPA, said the proposed messages were sent only between five to nine people and in some cases, many months prior to the death of Mr Walker.
"Whether or not that gives rise to a legitimate inquiry into a collective attitude, is questionable when you're talking about an organisation of over 1600 members," Ms Ozolins said.
"There is a fear on behalf of the membership that members are tarred with the same brush, effectively.
"We submit [the messages] will not assist Your Honour's inquiry … inform any findings … can't assist in making any recommendation … or generally speaking, contribute to this proceeding as a healing process."
Controversial police report released
Constable Rolfe's barristers had also earlier flagged a potential "problem" with Ms Armitage presiding over the rest of the coronial inquest, if a controversial police report was not released.
The document, known as the Proctor Report, was developed by police, and provided to the coroner's office in full prior to the inquest starting.
Other parties, including Constable Rolfe's team, had access to a redacted version of the report, as police claimed legal professional privilege over some sections.
Constable Rolfe's barrister argued on Friday there could be a "problem" with Ms Armitage remaining on the inquest if she had seen parts of the report that others had not.
Ian Freckleton KC, acting for the Northern Territory Police Force, told the coroner the police force had waived its claim of privilege over the document.
The report itself also remains subject to a suppression order made by the coroner.
Witnesses to continue
As legal arguments continued for a second day, several lawyers urged the court to "get on with it" and continue hearing evidence from inquest witnesses.
Ms Armitage is expected to hand down a decision in relation to the objected evidence on Tuesday morning, before witnesses continue.
Current Sergeant in charge of the Yuendumu Police Station, Annie Jolley is expected to be called on Tuesday, with other Yuendumu officers to give evidence throughout the week.
The inquest is scheduled to run until the end of November.