WARNING: Aboriginal and Torres Straight Islander People are advised the following article contains video footage of someone who has died and includes confronting video that may disturb some viewers.
As the trial of Constable Zachary Rolfe enters its fourth day, confronting footage of the days leading up to the deadly encounter between the officer and 19-year-old Kumanjayi Walker has been shown to the jury.
Constable Zachary Rolfe has pleaded not guilty to the teenager's murder, as well as to the alternative charges of manslaughter and engaging in a violent act causing death.
Tendered into evidence by Prosecutor Philip Strickland SC, the body-cam footage shows the actions of Sen. Constable Chris Hand and Sen. Constable Lanyon Smith on November 6, three days before Kumanjayi Walker was fatally shot.
Stationed in Yuendumu, the two veteran community police offices can be seen entering the house where Kumanjayi Walker was staying. They were executing an arrest warrant issued after the teenager had escaped from an alcohol rehab facility to attend a funeral in the community.
After knocking on a bedroom door and attempting the arrest, Kumanjayi Walker picks up a hatchet and threatens the officers. He pushes past them, drops the axe and escapes on foot.
The officers gave chase but were unable to apprehend the 19-year-old. In audio recorded on the body-cams, the two officers can be heard discussing the confrontation that had just occurred.
“He was never going to use [the axe],” says Sen. Constable Hand.
The two officers later returned to the house, where Sen. Constable Hand can be heard discussing Kumanjayi's actions with residents.
“If he does that again, he might get shot. Community police are different to town police.”
Under questioning yesterday, prosecutor Philip Strickland asked Sen. Constable Hand why he didn’t draw his gun during the so-called 'axe incident'.
Sen. Constable Chris Hand was present at the so-called 'axe incident'. Source: NITV News
“Obviously we’re trying to de-escalate the situation and drawing a firearm would be escalating it," he testified.
"And then it’s harder to de-escalate”
Sen. Constable Hand said while the experience was terrifying, he didn’t think Kumanjayi Walker would use the axe against him or his partner.
“He had plenty of opportunity to assault us and he didn’t. He ran out of the house. He just wanted to escape.”
Hand's partner Sen. Constable Lanyon Smith was later cross-examined on the incident by Rolfe’s defence counsel David Edwardson QC.
"Do you agree that you did not deploy the weapon because you didn’t think [Kumanjayi Walker] was going to actually deploy the axe against you and your partner?"
“It was a combination of reasons why I didn’t deploy my weapon," replied Smith.
“One of them [was] that he knew me, and I knew him. Two, there was other people in the room, and... I didn’t safely know that no one else was going to get injured other than Kumanjayi.”
Sen. Constable Lanyon Smith defended his decision not to draw his gun when Kumanjayi Walker threatened him with an axe. Source: NITV News
The trial continues today, including testimony from former Alice Springs shift supervisor Detective Evan Kelly.
