The Northern Territory coroner has been shown body-worn camera footage of Constable Zachary Rolfe allegedly using force against an Indigenous man in Alice Springs, about one month before Kumanjayi Walker was fatally shot in Yuendumu.
WARNING: This article contains body-worn footage that some viewers may find confronting.
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.
The court heard police had been called to respond to a domestic violence incident in October 2019 and in the footage, police can be seen rushing towards a man outside a council building, before he is pushed into a brick wall.
The man received several stitches as a result of the interaction, and the coroner heard the incident is currently subject to "a PSC [professional standards command] hearing."
Constable Zachary Rolfe has been acquitted of all charges relating to the death of Mr Walker in November 2019 and Northern Territory Coroner Elisabeth Armitage is presiding over a three-month inquest into the shooting.
Police Sergeant Evan Kelly told the coroner on Friday that he was present for the incident and was also later responsible for reviewing the use of force involved.
Under examination from Counsel Assisting the Coroner, Patrick Coleridge, Sergeant Kelly said he deemed the use of force was "appropriate", given the "pre-attack indicators" he observed.
"I am not suggesting that you did anything wrong intentionally, but can you see how there might be at least a perception that there is a conflict of interest where a sergeant is actively involved in applying force to an individual and then audits the very use of force incident in which they are involved?" Mr Coleridge asked.
"Yes, I mean, in hindsight, I wasn't involved in the actual use of force — in relation to apprehending [the man] initially, I was assisting afterwards," Sergeant Kelly said.
"But yes, I can see that potentially if we are using force on somebody, the people involved shouldn't be doing a use of force audit."
Sergeant Kelly told the coroner he couldn't recall watching the body-worn camera footage of the incident before deeming the use of force appropriate, instead relying on what he had seen at the time.
Constable Mark Sykes, a colleague of Constable Rolfe, was also present for the incident and told the coroner he had been interviewed by officers in mid-2021 about the "potential excessive use of force".
"I have concerns that [the man] was injured," Constable Sykes said.
"I also have concerns that his partner at the time [later] had a DVO [domestic violence order] withdrawn. Also, that it's three years on and I haven't heard any outcome of that [professional standards command investigation.]"
Police officer says use of force was 'appropriate'
A second body-worn camera video of Constable Rolfe scaling a fence and entering a house with his gun drawn was also shown to the coroner, during the evidence of Constable Sykes on Monday morning.
In the footage, Constable Rolfe can be seen running into the home yelling "get on the ground, get on the f**king ground", with his weapon drawn, before pushing a man to the ground.
Other officers then handcuffed the man, as Constable Rolfe and several other police searched the house.
Constable Sykes, who was partnered with Constable Rolfe on the night, told the coroner he thought the situation was handled appropriately, as police had been called to reports of a man armed with a knife and they were going to "potentially … stop a murder".
"Right up until the moment we left that [police] vehicle, the police [communications] were telling us there was somebody trying to get into a bathroom to kill a man," Constable Sykes said.
"The threat to [the victim] was imminent … Zach, from the moment he saw [the man's] hands … he put his firearm to the side and used a strike with his hand [to push him to the ground]."
Constable Sykes was also asked about a series of text messages found on Constable Rolfe's phone, which have been the subject of several days of evidence during the inquest.
The officer described them as "inappropriate" and "mindless" and accepted the language was racist, however said he had never seen Constable Rolfe, or other officers, act in a racist manner.
"I don't want to say this is the only time I've heard something inappropriate," Constable Sykes said.
"I don't think it's commonplace, but I also don't want to say that these few text messages is the only time I've heard something like this.
Judge Armitage asked whether "such mindless comments" were made around the police station and "no one's pulled up on them?"
"Yes," Constable Sykes said.
Text suggests Rolfe 'prepared to feign something', coroner hears
The court also heard a text exchange between Constable Rolfe and a superior officer suggested he was "prepared to feign something" and "act up" for his body-worn camera.
During the cross examination of Sergeant Paul Kirkby on Monday afternoon, the inquest was read a text conversation between the sergeant and Constable Rolfe, after the senior officer apologised for "losing [his] shit".
Sergeant Kirkby: … stress you didn't need. You sorted it well. I just had enough. He was the second person to press my button that night.
Constable Rolfe: Bro, there was literally no stress about it. I'm all for that s**t. I've done the same thing to you more than once, before. I'm always ready to make my camera face the other way, and be a dramatic c*** in the film, ha ha.
Sergeant Kirkby: And the Oscar goes to.
Constable Rolfe: Ha ha
Counsel Assisting the Coroner, Dr Peggy Dwyer, suggested the message from Constable Rolfe implied he was prepared to "perform in a way that would suggest he might be injured, or suggest some other false evidence".
Sergeant Kirkby told the coroner he didn't know why Constable Rolfe would say he might turn his camera around, or why he responded in the way he did.
He agreed the message "seemed to" suggest Constable Rolfe was "prepared to feign something … that would give a particular impression on his body-worn footage".
