Second shot killed Kumanjayi Walker, murder trial hears

A senior doctor and experienced military combat surgeon has testified that the second shot fired by Constable Zachary Rolfe into Kumanjayi Walker was most likely the fatal one.

Zachary rolfe

Constable Zachary Rolfe has taken the witness stand again in his own defence. Source: NITV

The trial of a Northern Territory policeman accused of murdering a Warlpiri teenager has reached the halfway mark, with the second week's closing day focusing on forensic details. 

Kumanjayi Walker died in the remote town of Yuendumu in November 2019 after he was shot three times by Constable Zachary Rolfe. The 19-year-old had stabbed the officer in the shoulder while he was attempting to arrest him. 

Zachary Rolfe has pleaded not guilty to murder and the alternative charges of manslaughter and committing a violent act causing death.
An exterior shot of the Supreme Court of the Northern Territory with cars parked in front.
The trial's second week has concluded with forensic testimony. Source: Supplied: Guy McLean
In the court, two doctors were questioned about the injuries suffered by Kumanjayi Walker and Constable Rolfe during the shooting.

Burns and trauma surgeon Dr Keith Towsey is an Australian Defence Force reservist with a 15 year service history in Afghanistan and elsewhere abroad. 

Dr Towsey was called as an expert witness in managing penetrating trauma and blast injuries. Dr Towsey also trains ADF combat medics and nurses.

In November 2020, the Brisbane-based surgeon compiled a report for the NT Police based on Kumanjayi Walker’s autopsy report, and today provided expert medical testimony to the jury in the trial.

Dr Towsey confirmed previous evidence that Kumanjayi Walker had been shot three times.
However he stated that the second shot caused the most damage.

“It’s essentially gone from one side of the body to the other," he told the court

"In doing so, it’s passed through several major organs, in particular the liver, the kidney and the spleen.

“All three wounds constitute serious harm – but I classify the wound that has traversed the major organs as the one that is going to cause death,” Dr Towsey testified.

But Dr Towsey's questioning took a dramatic turn during cross-examination by defence Lawyer David Edwardson QC, after he was shown a photograph of the scissors used by Kumanjayi Walker to stab Constable Rolfe.
Scissors measured against a ruler, 13cm long.
The medical scissors wielded by Kumanjayi Walker during his arrest. They measure 13cm across. Source: Supplied: Supreme Court of the Northern Territory
“Did the Northern Territory Police, or the Northern Territory DPP, ever ask you to express an opinion as to the capacity of edged weapons to be deployed and resulting in a fatal consequence?” asked Edwardson. 

“Not in writing that I recall," replied the doctor.

"But I do recall having a discussion about whether a pair of scissors could cause a fatal wound if applied to the right blood vessel.”

Dr Towsey's said he may have had a conversation with a police officer on the subject, but made no report or kept any notes of that conversation, neither the prosecution or the defence were aware of this new development.

Mr Edwardson continued by querying Dr Towsey on the danger of an implement such as Kumanjayi Walker used against the officer. 

"It’s true, is it not, that if deployed to the right region and the right location, a pair of scissors, such as the ones we see on the screen, have the potential to be lethal?"

“Yes, that is very correct," replied the doctor. 

Medical issues continued to be discussed with the next witness, who was the doctor in charge of the Accident and Emergency department of the Alice Springs Hospital when Constable Rolfe was brought in for treatment after the fatal shooting.

Dr Kerrie Sutherland told the court Constable Rolfe arrived at 12:39am on 10 November and wanted a tetanus shot and treatment for an injury to the shoulder.
A side on view of Constable Rolfe, with a small puncture wound visible on his shoulder.
The wound sustained by Constable Rolfe after Kumanjayi Walker stabbed him. Source: Supplied: Supreme Court of the Northern Territory
Under prosecution questioning, Dr Sutherland provided details of medical notes written about Constable Rolfe’s treatment.

“[Patient] states was punched a few times and stabbed with scissors to left shoulder. Denied any other stab wounds.”

The emergency specialist also confirmed the stab wound was not stitched and Constable Rolfe's diagnosis was positive.

“Stabbed this evening with scissors to left shoulder. On examination dressing to laceration, small strike through, nil distress, feels otherwise well."

Dr Sutherland also confirmed her staff let Constable Rolfe out a back entrance of the hospital to avoid "lots of people yelling and screaming outside."

The trial continues on Monday.

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4 min read
Published 18 February 2022 6:50pm
Updated 18 February 2022 6:52pm
Source: NITV News


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