In an emotional start to a three-month coronial inquest into the death of Kumanjayi Walker, the Northern Territory coroner heard first hand from members of the Warlpiri man's family about the night he died, urging the court to hear their voices.
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.
Mr Walker died after being fatally shot by Constable Zachary Rolfe during an arrest attempt in his hometown of Yuendumu, about three hundred kilometres from Alice Springs.
Constable Rolfe was found not guilty of all charges following a trial in March of this year.
The 19-year-old's death in custody is now the subject of a lengthy inquest in Alice Springs that will hear from more than eighty witnesses.
'An opportunity to forge a better way'
Mr Walker's cousin, Samara Fernandez-Brown, told the inquest that the trauma of his death is something Mr Walker's community is "trying to live with" and that it will stay with them "for generations."
"I was amongst my family when he was shot and I was there in the morning when we found out he had died," she told the court.
"The wails of my family's cries still haunt me: images of devastation, and most importantly, the fear."
Ms Fernandez-Brown was one of dozens of Yuendumu community members who travelled to Alice Springs for the inquest's opening day.
In a series of informal addresses, she was joined by Warlpiri elders Ned Hargraves and Robin Granites in calls self-determination following what they called a "terrifying" ordeal.
"We do not want you to tell us what we need … we will tell you what we want," Mr Granites said.
Together they pushed for "urgent" change and Ms Fernandez Brown said the inquest was "an opportunity to forge a better way" on relations between police and remote communities.
"Give us the truth … we are owed that much. Work with us to ensure no other family experiences what we have," she said.
"Do I know the story?"
With the assistance of interpreter Valda Shannon who conveyed her opening address in Warlpiri, coroner Elisabeth Armitage told the court that she intended to "look a little deeper" and "listen a little longer" to a story that for years has been in the media spotlight and was the subject of a closely followed five-week trial earlier this year.
"You've made a lot of sense; I've got a lot to learn" coroner Armitage told the inquest.
"Your goal to make the community a safe place for our children – we all share that goal," she said.
In her opening, she said she intended to look beyond what had been previously presented to the public and consider perspectives that the trial may not have been able to hear or see.
"Do I know the story of Kumanjayi Walker and Zachary Rolfe?" she asked.
"What did it sound and feel like for Kumanjayi's family when they heard those three gun shots? We haven't seen body worn video of the family and of course we never will because it doesn't exist."
Counsel assisting the coroner, Peggy Dwyer, acknowledged that this inquest followed a long history of "colonisation and ill-fated policies".
"The law has not always applied equally to Aboriginal and non- Aboriginal Australians," she said.
The coroner said she wanted to understand "the two different stories" of Warlpiri and non-Indigenous witnesses.
A cultural competency expert offered the court a crash course in Warlpiri culture and language, including instructions for the nine interstate legal teams in how to communicate effectively with Warlpiri witnesses, many of whom speak English as a third or fourth language.
Push to drop questions
The coroner intends to investigate 54 questions over the course of the inquest, ranging from issues of police militarisation and systemic racism to police training.
In her opening address, Ms Dwyer told the coroner Zachary Rolfe’s counsel had signalled it would be challenging 13 of these, arguing questions about use of force and systemic racism should be excluded on the grounds they are outside of the coroner’s jurisdiction.
She said it was a "great shame" the objections were brought less than a week before the inquest was due to begin, given "so much care was taken by those assisting your honour to list this matter on a number of occasions previously".
"I anticipate from correspondence … that [Constable Rolfe’s lawyer] objects to your honour hearing evidence in relation to Constable Rolfe’s use of force history," she said.
Those legal arguments are expected to be heard on September 9.
In a brief statement to the coroner’s court, Constable Rolfe’s counsel, David Edwardson QC, said he hoped the inquest would not become an a “royal commission” into his client and his actions.
Ms Dwyer said Constable Rolfe's legal team intended to argue the questions fell outside the coroner's jurisdiction.
Calls for media impartiality
After months of media scrutiny following the acquittal of Constable Rolfe in March, the coroner called for media "fairness" and "neutrality", following claims heard in court that the Northern Territory online news site, the NT Independent, had allegedly breached a non-publication order issued by the coroner.
Acting on behalf of the Northern Territory Police, Dr Ian Freckelton AO QC, told the coroner that he was "troubled" by a series of articles published by the site that included comment from Zachary Rolfe's father, Richard Rolfe.
"[It] appears to be a combined campaign on the part of Richard Rolfe and the Northern Territory Independent," Dr Freckelton told the coroner.
Richard Rolfe and the NT Independent have been contacted for comment.
The coroner told the inquest she expects the orders she makes be complied with.
