The most senior police officer to give evidence in the Kumanjayi Walker inquest, and the man who sent Zachary Rolfe’s Immediate Response Team to Yuendumu, has told the coroner's court he didn’t know they would be armed with assault rifles.
Assistant Commissioner Travis Wurst was the officer in charge on the night Constable Rolfe shot and killed Kumanjayi Walker during an attempted arrest in November 2019.
The assistant commissioner told the coroner he approved the deployment of the IRT to Yuendumu to act as general duties officers and provide relief for overworked Yuendumu officers.
“So you did not think that they would carry their IRT gear, which is the AR15s and the other long arms?” asked Counsel assisting the Coroner Peggy Dwyer
“No, what I was approving was members of the IRT, who were all general duties members, to attend and assist at Yuendumu," the assistant commissioner said.
"In my mind, I wasn’t deployed the IRT for an IRT function."
Mr Wurst agreed it would have been “confronting” and “confusing” for community members to see unfamiliar general duties police carrying such weapons.
“[Was it] wholly inappropriate for members of the IRT who had been deployed in a general duties’ capacity to be walking around the community of Yuendumu after a funeral carrying long-arm weapons?” Ms Dwyer asked .
“It wasn’t appropriate, no," answered Mr Wurst.
'Extremely poor choice of words'
An email tendered to the court, which the Assistant Commissioner sent to Constable Chris Hand also came under scrutiny.
"Are you all right? I see the Warlpiris with the surname of Walker are still ours and my nemesis, Travis," read the email.
Travis Wurst told the coroner it was an “extremely poor choice of words” that related to the years when he was stationed at Yuendumu with Senior Constable Hand and there were five Warlpiri men with the last name Walker “we had lots and lots of interactions with - some of which were violent.”
Assistant Commissioner Travis Wurst was the officer in charge on the night of Kumanjayi Walker's shooting. He has expressed regret for some of the decisions he made on the night.
The assistant commissioner was also probed about
“Do you think that the use of racist language can lead to de-humanising people, who you might have to interact with?” asked Ms Dwyer.
“Of course.”
“And that could lead to decisions being made about use of force that are inappropriate?”
“Potentially.”
News of Walker's death withheld for hours
The Assistant Commissioner’s decisions on the night that Kumanjayi Walker died also came under close scrutiny.
While people gathered at the Yuendumu Police station desperate for news on Kumanjayi Walker’s welfare, Assistant Commissioner Wurst deliberately withheld news of the teenager’s death for hours until the crowd dispersed.
“There was a large gathering, up to 200 people and they were angry and upset.”
Mr Wurst found out about the teenager’s death around 8:40pm on the night of 9 November 2019, but a community Elder wasn’t officially notified until 2:00am the next morning.
“I knew that was at odds with policy and procedure. I knew that was at odds with the way in which the Warlpiri should have been allowed to deal with the passing of one of their own in that context but we had all these other things we also had to consider," Mr Wurst told the court.
“And as hard as that is for the community to hear and appreciate, I unfortunately still have to stand by that decision, because... there was a lot more at risk or at stake in my mind than simply just the notification.”
But there was no riot and the community showed “restraint and maturity” something Travis Wurst “certainly underestimated; it was not what I anticipated.
“My decision-making was based on the exact opposite of what occurred, unfortunately. “
The coroner also heard that two days after Constable Rolfe fatally shot Kumanjayi Walker, the officer hosted a social gathering at his home in Alice Springs.
IRT members who were with Constable Rolfe at Yuendumu on the night of Kumanjayi Walker’s death were also at the gathering.
The Assistant Commissioner told the coroner the meeting was a violation of standing orders for anyone involved or witness to a homicide or death in custody.
“Particularly in relation to Constable Rolfe, who hadn’t provided a statement at that point in time," he said.
“And it had the potential to contaminate the version of events that Constable Rolfe eventually gave?" asked Ms Dwyer.
“Yes.”
“In the trial?”
“Yes.”
“And to this day, we don’t know the extent to which that contaminates his evidence. Do you agree?
“I’m not sure, but it’s a fair assumption to make.”
The inquest continues tomorrow.
