Constable Zachary Rolfe “failed to declare” a fine for public nuisance and violent behaviour in Queensland and a conviction for theft while serving as a soldier when applied to the Northern Territory Police Force in 2016.
The new evidence is contained in a lengthy judgement by Coroner Elisabeth Armitage outlining her reasons for dismissing objections from Constable Rolfe’s legal team relating to eight categories of evidence, which included ”the honesty of Constable Rolfe’s application to join NT Police.”
Judge Armitage found that Constable Rolfe “did not provide accurate information” when he marked 'No' on his police recruit application to the question of whether he had "ever been the subject of any complaints, internal investigations or ever had any disciplinary action imposed on you?"
The Coroner found that while serving as a soldier in the Australian Defence Force in 2012, Rolfe had been the subject of an internal military investigation, as a result of which he pleaded guilty at a military trial to a charge of theft.
Constable Rolfe also failed to declare the incident during an interview with an NT Police recruitment panel.
Constable Rolfe also failed to reveal he had previously applied to join the Victorian and Queensland police, and did not disclose the fine he had received in that state (Queensland) for violent behaviour in March 2016.
Again, he failed to tell Queensland police about the fine and “that the failure to disclose this matter was an integrity breach and that he was excluded from reapplying for the Queensland Police Service for 10 years.”
Coroner Elisabeth Armitage questioned whether Constable Rolfe was adequately supervised and assessed after he started work as an NT police officer. Source: Supplied
While deemed an “excellent” candidate, the psychological assessment found Constable Rolfe’s so-called aggression score was above average and that he was “less likely than many others to accept responsibility”, the court heard.
“[That] has frequently found to be associated with later resentment of authority figures in highly structured organisations in which employees are expected to comply with strict procedures.”
The coroner says the testing raised questions about whether a greater degree of supervision or assessment of “Constable Rolfe’s suitability as a police officer and, in particular, his suitability for deployment with a tactical team such as the [Immediate Response Team].”
Kumanjayi Walker died after being shot three times by Constable Zachary Rolfe during a botched arrest in 2019. Source: Supplied
Constable Adam Eberl, the police officer who wrestled Kumanjayi Walker to the ground before the teenager was fatally shot by Constable Zachary Rolfe, has denied his colleague’s actions were racially motivated.
Under cross-examination by Zachary Rolfe’s Lawyer David Edwardson KC, Constable Eberl denied that Constable Rolfe had a racial vendetta against indigenous community members.
Constable Eberl told the coroner he was surprised the officers who were threatened with an axe by Kumanjayi Walker did not discharge their firearms.
He also admitted he had drawn his gun since the death of Kumanjayi Walker, at the community where he is now stationed, to prevent an assault.
Constable Rolfe was acquitted of all charges relating to the death of the Warlpiri teenager at a Supreme court trial earlier this year.
