Zachary Rolfe is expected to make an appeal against a decision by the Northern Territory police to dismiss him from the force after the publication of an explosive 2,500-word statement attributed to the constable.
Rolfe, 31, was informed last week that the NT police planned to terminate his employment over the statement, published in February, that outlined a litany of criticisms about the force and Rolfe’s prosecution for the shooting of Kumanjayi Walker.
Rolfe was charged with murder and two other charges relating to the shooting of Walker in the remote community of Yuendumu, but was found not guilty last year.
His father, Richard Rolfe, confirmed to the Guardian that lawyers for Rolfe planned to appeal against the notice. Rolfe is currently overseas.
His lawyer, Luke Officer, said in a statement issued late Tuesday: “Constable Rolfe’s intention is to appeal the decision and exercise the full legal options available to him challenging the validity of the decision, the failure to afford fairness and the process by which it was made, the lawfulness of the decision, and also the merits of the decision.
“In those circumstances, I provide no further comment at this time.”
The NT police confirmed in a short statement that a 31-year-old officer had been dismissed, with that dismissal effective from Tuesday.
“The officer was dismissed under section 78 of the Police Administration Act 1978 due to serious breaches of discipline during their policing career.”
No further details were provided.
Rolfe had been informed in February that he was to be medically discharged from the force based on the result of mental health evaluations, NT police assistant commissioner, Bruce Porter, said last month during an inquest into Walker’s death.
But a statement attributed to Rolfe, published only days after NT police issued him the notice, widely condemned the force.
Porter said in his evidence that Rolfe was then issued a notice by the force that required him to provide an explanation for the statement.
The inquest previously heard that Rolfe was punished in June last year for four serious breaches of discipline relating to unauthorised interviews with the Australian newspaper and Seven network.
His punishment included a formal caution and being placed on a period of good behaviour for 12 months, Ian Freckelton KC, for the NT police, told the court. That good behaviour obligation remained in force at the time the statement attributed to Rolfe was published.
“Constable Rolfe could not have been under any illusion as to what his obligations were at the time that he saw fit to pen [that] communication,” Freckelton said.
Richard Rolfe said a section 78 notice had been issued by NT commissioner, Jamie Chalker, on Thursday confirming that his son would be dismissed for discipline breaches.
The following day, Chalker was reportedly asked to resign by the NT government.
The NT government, Chalker and the NT police have declined to comment on the commissioner’s future.
Chalker is currently on leave.
Richard Rolfe said his son was expected to return to Australia later this month.
An appeal against a supreme court hearing that found Rolfe is required to give evidence in the inquest is expected to be heard next week.
The inquest is set to resume hearings later this year.
