Inquest uncovers NT Police racism, while an ‘exhausted’ community waits to heal

“As exhausted as we are, we are determined to see change and to finally start healing. But for healing to begin, we must see change which is rooted in truth, accountability and justice for my cousin, Kumanjayi Walker.

“Change which guarantees safety for my people. Change which means racism is not tolerated ... and is stamped out of NT Police and other institutions once and for all.”

‘How were these people allowed to freely be so violent and so cruel, and how did they suffer no consequences?’

Samara Fernandez-Brown, cousin of Kumanjayi Walker.

In video statements to the inquest, Walker family members described their enduring sadness.

Walker’s aunt, Serita Lan, said her nephew was too young to die.

“Inside, my heart is still crying. I still think about Kumanjayi. Sometimes, like I walk around and I cry because I miss Kumanjayi.”

Outside court on Tuesday, Gerard Mullins, KC, acting for the Yuendumu community members, summarised the key theme of the proceedings for those on the lawn.

“Some [NT Police] see a difference between racist language, which is not [considered to be] really racism, and racist actions. This shows a fundamental misunderstanding in the NT Police Service about what racism is,” Mullins said.

Among the evidence examined in detail in the final days of the inquest were informal annual awards bearing offensive racist tropes that were part of NT Police culture. One was notoriously known for more than a decade among members of the elite Territory Response Group (TRG) as the “Coon of the Year Award”.

The certificates have since prompted an investigation of NT Police computer systems by the Territory’s Independent Commissioner Against Corruption.

There was also evidence of text messages between police officers who referred to local Aboriginal people as “bush coons”.

NT Police commissioner Michael Murphy conceded under questioning on Wednesday that he had first been informed of the use of racist language and the existence of the racist certificates in August 2023.

In February, Murphy denied he knew of the award certificates, or that racist language was commonly used by NT police members. His comments at the time followed Rolfe’s sworn evidence that he heard racist language used every day in the Alice Springs police station and that much of that racist language came from senior officers.

“That’s his evidence, that’s the evidence he has given in court in the process. When I go to Alice Springs and other stations around the Territory, I do not see those behaviours,” Murphy told media at the time when questioned about Rolfe’s claims in the witness box.

Murphy was on Wednesday asked if he accepted that his response to the media was misleading.

“Yes, it was incorrect, but it wasn’t intentional at the time,” Murphy replied.

Earlier, Murphy rejected a suggestion by the counsel assisting the coroner, Peggy Dwyer, SC, that he had failed to act on the information because he himself had been involved in an incident involving the use of racist language during a drunken dinner with NT Police colleagues at a Chinese restaurant.

Dwyer asked Murphy: “Is the reason that you didn’t investigate this further when [the former police officer] raised it, does it include because you were concerned about adverse publicity or embarrassment towards yourself if it got out?”

Murphy: “No. I don’t think I was overly worried about it, I think it was courteous of [him] to let me know, and I should have actioned it, I should have reported it, especially the TRG award ...”

‘Mainly I’m bored of the situation ... and I’d like it to … be finalised. I’m ready to move on.’

Zachary Rolfe, in evidence to the inquest

Murphy was asked about several more instances of NT Police using racist language and being involved in racist actions that amounted to serious misconduct.

These included an incident in March 2022 involving a senior ranking officer posting a photograph of a naked and distressed Aboriginal woman to a private chat group for a unit known as Strike Force Viper.

The photograph was taken on the private phone of the on-duty senior ranking officer and was posted to the chat accompanied by demeaning commentary. Each of the unit’s 13 officers indicated in the chat their approval of the derogatory photo, the inquest heard.

Dwyer also asked Murphy about yet another incident of inappropriate group messaging involving the distribution of an image of an Indigenous police officer – accompanied by derogatory commentary – among the Darwin water police unit.

“Do you accept that racist words amount to racism even if they’re expressed in private?” Dwyer asked.

Murphy: “Yes.”

Dwyer: “You accept that the willingness to use racist terminology toward a community can affect attitudes towards a community?”

Murphy:“Yes.”

Dwyer: “And attitudes do affect behaviours?”

Murphy: “Yes.”

Dwyer: “And in those circumstances it’s certainly not possible for you to say, commissioner, reflecting on the tragedy that is at the core of this inquest, is that racism didn’t play a part in the death of Kumanjayi Walker?”

Murphy: “I believe that attitudes, conduct, words of police and attitudes towards disadvantaged and vulnerable people does shape the culture, and I cannot eliminate that racism wasn’t involved in the decision-making towards actions by police in all types of operations … and that’s what we need to change.”

‘Bored of the situation’

Rolfe, who is no longer a serving police officer, was in early 2022 acquitted of charges of murder, manslaughter and engaging in a violent act causing death over Walker’s death.

On Tuesday, barrister Ian Freckelton, KC, acting for NT Police, asked Rolfe to summarise his feelings about the shooting of Walker and the investigation and legal processes surrounding the circumstances of the young man’s death.

Rolfe told the court he didn’t feel anger.

“How do you feel?” Freckelton asked.

Rolfe replied: “Mainly I’m bored of the situation ... and I’d like it to … be finalised. I’m ready to move on.”

Freckelton: “Do you appreciate that it might be hard for some of the members of the Yuendumu community, and Kumanjayi Walker’s family particularly … to move on?”

Rolfe: “Yes.”

Freckelton: “Do you have any recognition of the fact it may be distressing [for the family] to hear you say your main emotion is one of boredom?”

Rolfe: “That’s in regard to the process that we’re doing.”

Under further questioning from Freckelton, Rolfe agreed that his view of the legal processes relating to Walker’s death was that he was being “persecuted completely without warrant”.

The inquest heard Rolfe had previously expressed this view in a 2022 open letter to NT media, when he asserted that a murder charge should never have been brought against him over his shooting of Walker.

Freckelton asked on Tuesday: “You have expressed the view on many occasions … that a murder charge should never have been brought against you, and that a variety of senior officers are responsible for, in essence, a malicious prosecution?”

Rolfe: “Yes.”

Outside court, Walker’s cousin, Samara Fernandez-Brown, told media she felt Rolfe’s words were “extremely disrespectful” and “horrific” to hear.

“I think it’s just extremely inconsiderate and extremely offensive,” she said.

Rolfe’s texts to Roberts-Smith

Barrister Julian McMahon, SC, who represented the Warlpiri Parumpurru committee, on Monday questioned Rolfe about a series of text messages exchanges with a friend and police colleague discussing Rolfe’s ambition to become involved in more “high level, volatile jobs”.

The text messages illustrate Rolfe’s efforts before 2019 to join the NT Police strike force unit, the TRG and the Australian Army’s Special Air Service (SAS) Regiment.

One text message thread examined by McMahon contained exchanges between Rolfe and disgraced former SAS corporal Ben Roberts-Smith. The pair discussed Rolfe’s aim to work as a private security contractor overseas.

In one message, Roberts-Smith informs Rolfe that he has private security company contacts in Syria, Iraq, Afghanistan and Libya. The pair discussed the professional merits of completing a specialist, military-style course in “close personal protection” provided by a company based in South Africa.

The court heard Rolfe texted Roberts-Smith:“Policing is good but it’s not going anywhere, and I need some wilder times ...”

Roberts-Smith responded: “Understand mate, happy to chat. I have a few different contacts (overseas) … We’ll be able to connect you with the right people and doing the Ronin course [in South Africa] will add value to your CV.”

Rolfe: “That’d be wicked. I know it sounds dumb to some people, but you get it. I just want some dangerous shit while being professional.”

Asked by McMahon about witness evidence previously given to the inquest, Rolfe denied ever stating that he “wanted to be paid to go over and shoot people”, and rejected suggestions put to him by McMahon that he similarly wished to join the TRG and the SAS so that he could shoot people.

Excessive use of force

The inquest was shown footage taken from Rolfe’s body-worn camera obtained during an incident at Lasseters Casino in Alice Springs two months before Rolfe shot Walker.

The evidence was retrieved from Rolfe’s phone by investigators after he recorded the footage as it played on a police computer eight days after the incident.

The video shows Rolfe striking a visibly intoxicated 18-year-old Aboriginal male in the head while police officers were questioning him.

Asked by McMahon why he hit the young man, Rolfe described the incident as a “slap” that was “potentially a fear-based response” triggered by the young man slapping the bonnet of the police vehicle they were standing beside.

Under questioning, Rolfe accepted that he failed to submit a use of force declaration after the incident, but rejected the suggestion he deliberately omitted the assault from relevant paper work at the end of his shift.

“Do you agree that your paperwork … fails to give the correct picture of what happened?” McMahon asked.

Rolfe said he didn’t recall filling out the paperwork, but conceded that it didn’t “give the full picture”.

‘Do you accept that racist words amount to racism even if they’re expressed in private?’

Peggy Dwyer, SC, the counsel assisting the coroner, to the NT Police commissioner

On Tuesday, while Freckelton was questioning Rolfe, the court heard details of a series of five incidents going back to 2017 involving Rolfe’s questionable use of force against Aboriginal community members. However, Rolfe’s body-worn camera was not activated at the time of each incident.

The inquest heard that Rolfe received emails from a superior ranking police officer reminding him to activate his body-worn camera on several occasions between 2017 and 2019. But he still failed to activate the technology on two occasions in 2019 even after receiving “remedial advice” in relation to the repeated issue from a station superintendent.

Certificates presented to police

On Monday, Patrick Coleridge, another counsel assisting the coroner, questioned Sergeant Lee Bauwens in relation to informal award certificates presented annually to members of the Territory Response Group.

Bauwens – who was a TRG member from 2004 to 2014 – confirmed that one of the certificates, known for over more than a decade variously as the “Nugeda” or “Noogadah” award – the name and its other spellings were made up to sound like an Indigenous word – was also known colloquially across the NT police force as “the Coon of the Year Award”.

The award certificates regularly contained racist inferences towards Aboriginal people over the years they were presented, the court heard.

Bauwens said the informal awards helped members of the unit cope with the stress of the job and were generally presented by TRG sergeants. He described the awards as “dark humour” and “light-hearted fun”.

The court was shown the “Noogadah” certificate from 2007, which shows an Aboriginal male laying face down on ground, surrounded by six cans of beer photoshopped onto the image. The certificate’s caption reads: “[Name redacted], this is for expressing your utmost level of Aboriginality while being an elite member of the TRS. Man your [sic] hard.”

Another certificate from 2007 is titled “Shit BBQ Award — for the most coon like BBQ ever!” and showed a meal cooking in a shopping-trolley over a fire, with a smaller image photoshopped onto it of four Indigenous men drinking beer.

Yet another certificate – for the winning 2015 “Nugeda Award” – contains a vintage-like image of a white male in the blackface of a minstrel. The certificate is titled “WM West’s Big Minstrel Jubilee, [name redacted] – NGALBIJIJMAN – wandering whistling dusk.”

“I think we all know the Noogadah award is racist,” Bauwens told the court under questioning.

On Friday, the legal counsel representing Walker’s family and community will travel to Yuendumu to hear from the Warlpiri about what recommendations they would like included in the report. One of those will be a ban on police bringing weapons into the community.

Asked how he was feeling at the end of the hearings, Warlpiri Elder Ned Hargreaves said the community was not going to be happy.

“There is not the satisfaction for us. We are here, still getting over it,” he said on Wednesday.

“In our culture when somebody does something he should be punished. And that relieves us from that incident that has happened to us.

“When we spear someone and we see the blood, then we know that it is finished. That is done.

“But in kardiya [white person] eyes, we say, “He is free”, but not in our way ... for us it is not fair.”

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