Warlpiri man Kumanjayi Walker died after being shot three times by Constable Zachary Rolfe during an attempted arrest in 2019.
Derek Williams was a Senior Aboriginal Community Police Officer (ACPO) stationed at Yuendemu when Kumanjayi Walker was killed, however he was not working that day as he was attending a large funeral in the community
Senior ACPO Williams told the jury he was an uncle to Kumanjayi Walker and had seen the 19-year-old on the day he was fatally shot by Constable Zachary Rolfe.
ACPO Williams said he’d personally arrested Kumanjayi Walker on several occasions.
“[He was a] quiet, shy young fella, never talks much,” Mr Williams told the court.
“[On one occasion] I was going to arrest him, he said 'I’ll go with you because you’re my family.’”
Senior ACPO Williams said after Kumanjayi Walker was shot, he went to Yuendemu Police Station to talk with upset community residents who had gathered outside.
“Just to calm everybody down because people were yelling and screaming and wanted to throw rocks at the station," he testified.
Constable Zachary Rolfe, 30, has pleased not guilty to murder, as well to the alternative charges of manslaughter and engaging in a violent act causing death.
Zachary Rolfe arrives to the court accompanied by NT police association president Paul McCue. Source: Supplied: Guy McLean
IRT officer examined by prosecution
The first member of the Immediate Response Team (IRT) that carried out the fatal 2019 arrest has given evidence in the murder trial.
Constable James Kirstenfeldt was one of the four members, including Zachary Rolfe, of the heavily armed group deployed to Yuendumu from Alice Springs on the night of November 9 2019.
A former soldier with the Australian Defence Force, Constable Kirstenfeldt can be seen in CCTV footage at the Yuendumu front counter with other members of the IRT, picking up a shot gun that fired non-lethal bean bag rounds.
The prosecution asked Constable Kirstenfeldt about the discussions the IRT had had with the officer in charge of Yuendumu before going on patrol that night, Sgt Julie Frost, who can also be seen in the security vision.
Constable James Kirstenfeldt arrives to the court. Source: Supplied: Guy McLean
“Did she discuss Kumanjayi Walker?," asked prosecutor Philip Strickland.
The officer replied in the affirmative, prompting Strickland to ask what she had said.
"She said if you come across him, grab him."
The prosecution also asked about an email Sgt Frost had sent to Constable Kirstenfeldt regarding the IRT’s deployment.
Mr Strickland testified that he could not recall seeing or being given the email, nor that anyone imparted the information to him.
Another officer who was present on the night, former soldier and police dog handler Snr Constable First Class Adam Donaldson took the stand.
Mr Donaldson told the court he was there to support the IRT in the arrest of Kumanjayi Walker, saying dogs are a good deterrent to violence and could be used to chase and apprehend a subject if they ran.
He was told by IRT members on the night to meet them at house 577, where the axe incident had happened a few days before, in case Kumanjayi Walker was there again.
“I was going to wait outside, and if he did leave I would send the dog to apprehend him."
Under cross examination from Rolfe’s defence counsel David Edwardson QC, Const. Donaldson was asked about Sgt Frost's briefing regarding the arrest.
“Did Julie Frost, in your presence, ever say that the IRT members or – including yourself, by way of a dog handling support, were prohibited from arresting Kumanjayi Walker before 5am the following morning?"
"No.”
Juror dismissed
The trial was delayed this morning after Justice John Burns announced he needed to deal with an issue relating to an individual juror.
One of the members of the original jury was dismissed and replaced with one of the two reserve jurors.
Justice Burns would not give his reasons for the dismissal, but said the case could continue.
"Both the accused and the Crown have accepted the assurances given by the remaining members of the jury that they are able to address the issues in this trial in an unbiased fashion.
"On that basis, the trial will proceed."
The trial continues.
