March 19, 2022

Suppressed evidence paints Rolfe as 'cowboy' & 'liar'

In the wake of this week's verdict clearing Constable Rolfe of criminal responsibility for his murder of Kwementyaye Walker, the release of previously suppressed details from the trial paint the recently acquitted member of the NT police force in a less than favourable light.

Defence barrister David Edwardson QC today argued that details including a local court's judgement in an earlier matter, and text messages sent by Constable Rolfe to friends in the army, would prejudice a pending coronial inquest and internal police inquiry.

But presiding Judge John Burns decided that these objections were "of lesser importance ... than ensuring that the public has the means of scrutinising the  decisions which have been made by this court."

cowboy stuff

Amont other details, this decision has made public text messages sent by Constable Rolfe to mates still in the army. These go to questions raised by locals concerned to know how many other trained killers have come to the NT Police via war.

The trial heard that, in addition to a friend who Rolfe had recruited to join him in Alice Springs, the defendant had made overtures to a number of serving ADF members and former Afghanistan veterans, encouraging them to consider joining NT police.

Among those messages were two that included the statements

"fuck all the rules"

and

"it's a sweet gig, just get to do cowboy stuff with no rules"

Rolfe's defence rebutted the prosecutions imputation that that there was some sinister connotation to these messages.

However locals concerned about the growing number of trained killers coming to NT police via the ADF say they find Rolfe's 'fuck the rules' attitude and enthusiasm for 'cowboy stuff' consistent with the prosecution's narrative that the killer was a gun-loving adrenaline junky.

Further details now public after the lifting of suppression orders include an incident when Rolfe violently assaulted an Indigenous, then lied in court about how the victim came to be unconscious. Judge Borchers declaring:

“I find that Constable Rolfe’s evidence lacks credibility. He lied."

Some commenters have claimed this shows a history of perjury to justify unreasonable force. But this claim neatly illustrates the legal basis on which this evidence quoting Judge Borchers in 2019 was ruled inadmissable for Rolfe's recent trial. Put simply; he was on trial for what he did to Mr Waker, not for anything else. Courts act to ensure jurors are not distracted or unduly influenced by prior issues.

Rather than seek to relitigate, grieving supporters have instead focused on calling for "no more guns." Supporters say there is no reason Australia cannot join the ranks of nations like England, Ireland and New Zealand, where police officers do not carry deadly weapons as a matter of routine.

A coronial inquest will be held later this year. It remains unclear whether the scope of the inquest will answer questions about the growing number of NT police who have joined after serving in USA wars.