Constable Zachary Rolfe was given "remedial advice" for incidents which could have resulted in disciplinary action because they were discovered too late by investigating police, the coroner has heard.
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. It also contains footage some viewers may find confronting.
NT Police Assistant Commissioner Bruce Porter, whose portfolio includes the Professional Standards Command, was called to give evidence to the coronial inquest into the death of Warlpiri-Luritja man Kumanjayi Walker on Friday.
Constable Rolfe, who fatally shot Mr Walker during an attempted arrest in the remote community of Yuendumu, was last year acquitted of all charges related to the shooting.
The court heard that after the shooting in 2019, a series of incidents involving Constable Rolfe were reviewed as part of the criminal and coronial investigations into the incident.
Assistant Commissioner Porter told the coroner of two arrests made by Constable Rolfe that were, at the time, deemed appropriate by his superiors.
Upon further review, Assistant Commissioner Porter said he would likely have deemed them "excessive".
In one instance, body-worn camera footage appeared to show Constable Rolfe shutting the lid of a rubbish bin while a child hid inside from police before the officer pulled the bin to the ground and arrested the child.
"When I reviewed [the arrest], I took into account the 10 operational safety principles. [The child] was hiding in the bin; there was no verbal communication from Constable Rolfe," Assistant Commissioner Porter said.
"He provided no instruction to [the child], and there was no requirement or need for him at that point in time to close the lid or put the bin down in the manner he did.
"In my view, it was not necessary and was excessive in the circumstance."
The Police Administration Act requires disciplinary action to be taken within six months of an alleged breach of discipline being discovered.
The coroner heard that due to the time limit lapsing, Constable Rolfe was given "remedial advice" about the arrest, which does not amount to disciplinary action.
A second incident involving two drunk men at a park in Alice Springs was also reviewed, with Assistant Commissioner Porter describing Constable Rolfe's actions as "excessive and unnecessary".
"The two males were highly intoxicated, unable to stay on their feet, and they were immediately shoved," Assistant Commissioner Porter said.
"There were no signs that I saw of threat to the police officers."
The coroner has previously seen and released body-worn camera footage of the incidents.
Constable Rolfe, the court heard, has not yet been provided remedial advice for the park incident as he is currently on leave from the police force.
The coroner heard if and when Constable Rolfe returned to the NT Police force, he would be required to undertake additional training in relation to apprehending people and the operational safety principles officers are obliged to follow.
Assistant Commissioner Porter was also asked about various other arrests in which Constable Rolfe was involved, which the coroner earlier heard had been deemed "not reasonable" by Senior Sergeant Andrew Barram.
The Assistant Commissioner said he had a different view, telling the court the Professional Standards Command had reviewed the other incidents and found the officer had acted appropriately.
The arrest of Indigenous man Malcolm Ryder, which a local court judge found Constable Rolfe had likely "lied" about, was reviewed by Assistant Commissioner Porter "frame-by-frame".
He told the coroner regardless of a statement by Constable Rolfe's ex-fiance — which alleged the officer had asked someone to scratch his face to justify his use of force – Constable Rolfe's actions were not found to be excessive.
"[Another constable] observed at the scene [of the arrest] a mark of Constable Rolfe's forehead… which tends to lead to the version of events that he was, or attempts were made, to scratch his face," Assistant Commissioner Porter said.
"Some level of force was used against Constable Rolfe, and he used force to apprehend Mr Ryder. Mr Ryder should not have gotten any injuries, but I cannot definitively ascertain that the force was… excessive in the circumstances."
Coroner Elisabeth Armitage queried whether there had been any repercussions for Constable Rolfe's supervisors who had failed to pick up on potential breaches of discipline at the time of the incidents, such as not using his body-worn camera.
"[Police] members have experienced, or certainly perceived, that these sorts of things aren't applied equally," Ms Armitage said.
"Is there a willingness to identify... and rectify that?"
Assistant Commissioner Porter said further examination of supervisors had since been implemented, as well as additional training.
Well-being of police officers under scrutiny
Deputy Police Commissioner Murray Smalpage returned to the witness box for a fifth day in a row to complete his evidence and was questioned at length about the force's efforts to protect the mental well-being of its officers.
The commissioner told the inquest an external review of mental well-being among the ranks had been commissioned and provided to the coroner, which his barrister, Dr Ian Freckelton KC, later said would be made available to the public.
The review, the court heard, indicated there were "significant gaps" in the mental health care of NT Police officers.
Under cross-examination from Constable Rolfe's lawyer, the Deputy Commissioner was asked whether any senior executive members had contacted the officer since he was charged with murder in 2019.
"On my instructions, this is a very significant issue for my client," lawyer Luke Officer said.
"Not one single member of his management team ever picked up the phone and asked, 'How are you going?'"
Deputy Commissioner Smalpage accepted that being charged and tried for murder would have been distressing but told the inquest it would have been inappropriate for a member of the executive team to contact Constable Rolfe while legal proceedings were underway.
"I can understand how he sees it, but the reality is… I don't want to prejudice anything," Deputy Commissioner Smalpage said.
He said a senior police officer had been nominated to be a point of contact for Constable Rolfe.
"It creates a conflict of interest; it's not done to spite someone or deliberately harm them," he said.
The Deputy Commissioner told the coroner an Assistant Commissioner had spoken directly to Constable Rolfe but was later sent a letter from his legal team asking them not to contact him.
Mr Officer said he had not sent a letter banning anyone from checking on Constable Rolfe's welfare.
The inquest will continue on Monday.
