Jurors in the murder trial of Northern Territory police officer Zachary Rolfe have been shown footage of 19-year-old Kumanjayi Walker threatening other officers with an axe days before he was fatally shot by Constable Rolfe.
Key points:
- Constable Christopher Hand said he chose not to draw his gun when confronted with Kumanjayi Walker brandishing an axe
- Defence lawyers put it to Constable Hand that he was not aware of the potential risk Mr Walker posed prior to his arrest attempt
- Constable Zachary Rolfe has pleaded not guilty to the alleged murder of Mr Walker in Yuendumu in 2019
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.
Mr Walker was shot and killed during an attempted arrest three days later in the remote central Australian community of Yuendumu, on the night of November 9, 2019.
Constable Rolfe, 30, has pleaded not guilty to murder, as well as to the alternative charges of manslaughter and engaging in a violent act causing death.
The defence team yesterday told the court that a police training adage "edged weapon equals gun" — meaning police are trained to draw firearms if confronted with a bladed weapon — would loom large throughout the trial.
But the third day of the trial focused on a separate attempt to arrest Mr Walker three days before his death, where two officers based in Yuendumu were confronted by Mr Walker with an axe but they did not draw their guns.
Body-worn camera footage played to the court shows two officers entering a home in the community before Mr Walker comes through an internal doorway brandishing an axe.
An officer is seen backing away and Mr Walker runs from the house.
One of the officers, Constable Christopher Hand — who told the court he has about 25 years of policing experience — was asked by prosecutor Philip Strickland, SC, why he did not draw his firearm.
"One of the four operational safety principles with firearms is [that], if you draw your firearm you never want the muzzle to cover or point at anything you're not willing to destroy," he said.
"Also, it escalates the situation. Obviously, we're trying to de-escalate the situation."
Constable Hand said officers are trained that they are entitled to draw their firearms if a hostile target comes within 6 metres and they are prepared to use them, but said they could choose not to.
"Because a subject can effectively stab you with a knife quite quickly, can cover a lot of distance, then you could draw your firearm if you wanted," he said.
Constable believed teenager was trying to 'intimidate' officers
Constable Hand's partner during the attempted arrest was Constable Lanyon Smith, who had also served in several remote areas since joining the police force in 2006.
He told the court he didn't draw his weapon because he believed Mr Walker, with whom he had previous dealings, may only have been trying to intimidate the officers.
Constable Smith said he was also unsure if other people were in the room behind the teenager.
He later added: "There was potential for other people to get hurt."
After the axe incident, Constable Hand e-mailed a superior, saying he did not believe Mr Walker wanted to "chop us up" but was trying to resist arrest.
The two officers also told Mr Walker's partner's mother that the 19-year-old could either turn himself in or face arrest again when police returned.
Constable Rolfe was part of specialist police unit sent to Yuendumu three days later to help arrest Mr Walker.
Prosecutors allege two of three shots fired by Constable Rolfe during that attempted arrest were not legally justified.
Officer not expecting axe attack, court hears
During his cross-examination, defence barrister David Edwardson, QC, put it to Constable Hand that he had been unaware of the full extent of the risk potentially posed by Mr Walker before the first arrest attempt.
Constable Hand said he was aware that Mr Walker had previously assaulted a youth worker and escaped custody, but not that he had previously assaulted police nor had what Mr Edwardson called a "predisposition to violence".
The court was told Constable Hand did not access the police case management system, which contains data — including suspects' criminal histories — in the lead-up to the attempted arrest.
Mr Edwardson: "You basically were never in a position where you thought he might act by deploying an axe against you or your partner, is that what you're telling the jury?"
Constable Hand: "Yes, that's right."
Constable Hand told the court he had tended to avoid the use of force during his several remote postings.
"We always like to be as non-violent as we can with arrests because we have to live in those areas, in those communities," he said.
"We're trying to build partnerships with the people of the communities.
"Obviously, if force needs to be used, we will use it, but we police differently in Indigenous communities."
Under cross-examination, Constable Smith also said he had no reason to believe Mr Walker would be armed.
However, he was heard telling his partner in body-worn video later played to the court that he "just begged for mercy, basically", while the threat was unfolding.
Mr Edwardson put it to Constable Smith that, if he had no prior relationship with Mr Walker — and if the axe had been deployed — the decision not to use his firearm may have changed.
"And, so, as we can see from the explanation that you've given to this jury, everything turns on the time, place and circumstance of a particular incident," he said.
"How one matter might present to one police officer might be quite different to another police officer."
Constable Smith agreed. The trial continues tomorrow.
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2022-02-09 07:39:20Z
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