Zachary Rolfe forced to hand over notes used in evidence during Kumanjayi Walker coronial inquest
By Olivana LathourisFormer constable Zachary Rolfe has been ordered by the Northern Territory coroner to hand over a series of notes which include references to racism and sexism within the NT Police Force.
Warning: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of an Indigenous person who has died, used with the permission of their family.
Mr Rolfe gave evidence over several days in February at the coronial inquest into the death of Kumanjayi Walker, who Mr Rolfe fatally shot during a failed arrest attempt in the remote community of Yuendumu in 2019.
Mr Rolfe has been acquitted of all charges following the incident.
During his evidence at the inquest on February 26, Mr Rolfe made a number of explosive claims about an ingrained culture of racism within the force — claims which ultimately prompted an internal investigation by NT police.
At times during his evidence, including when being asked about the use of racist language by him and fellow officers, Mr Rolfe referred to a three-page set of notes he had inside the witness box.
Three days into his evidence, Counsel Assisting the Coroner Peggy Dwyer called for the notes to be produced to the court.
But Mr Rolfe's lawyer argued the notes were part of a 10-page document of "instructions to his legal team".
Mr Rolfe ultimately produced the first three pages to the court, but representatives of NT police have since requested to see the full 10-page document.
Mr Rolfe's lawyers argued the notes were the subject of legal professional privilege and could therefore remain private.
In a ruling handed down on Wednesday, Coroner Elisabeth Armitage ruled the main purpose for the notes was not to seek legal advice and, by referring to them in evidence, Mr Rolfe waived any legal professional privilege he may have had.
In an affidavit referenced in the ruling, Mr Rolfe said he brought the notes to court "with the intention of giving them to my lawyers that day":
"During my evidence that morning I recall looking at the first three pages only … I affirm my position that they remain confidential and are protected by legal professional privilege, as they were created expressly for the purpose of my discussions with and advice from my legal counsel."
In her ruling, Judge Armitage said it was "conceivable" Mr Rolfe made the notes to discuss them with his lawyers.
But she said his evidence suggested "very strongly that the notes were prepared for the purpose of prompting him to give particular evidence in answer to anticipated questions".
"The document is not addressed to Mr Rolfe's legal team and contains no questions," she said.
"Instead, the notes contain a series of prompts, in bullet-point form, of what appear to be matters about which Mr Rolfe anticipated that he would, could, or wished to, give evidence, such as 'Sexism Police', 'Racism Police' and 'Racism in Court/Judge Borchers'."
The coroner has ordered Mr Rolfe provide the notes to representatives of the NT Police Force in full.
The inquest began in 2022 and was due to finish later this month.