Zachary Rolfe has been informed the Northern Territory police force intends to dismiss him, sources have told the ABC.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name of a person who has died, used with the permission of their family.
However, an NT Police spokesperson on Sunday said Constable Rolfe remains a serving member of the force and they continue to engage with his lawyers.
The ABC understands the dismissal notice related to a 2,500-word statement published online in February that was attributed to Constable Rolfe.
A coronial inquest has previously been told that Constable Rolfe had been stood down on medical grounds in February and was subsequently issued with a notice to explain an alleged disciplinary breach over the statement.
In the remote Indigenous community of Yuendumu, 300 kilometres north-west of Alice Springs, in November 2019, Constable Rolfe shot Warlpiri-Luritja man Kumanjayi Walker three times during an attempted arrest.
Four days later, Constable Rolfe was charged with Mr Walker's murder. However, after a six-week Supreme Court trial in March 2022, Constable Rolfe was acquitted of all criminal charges related to the death.
The jury was told the officer fired his Glock pistol three times after Mr Walker had stabbed Constable Rolfe in the shoulder with a pair of scissors.
Following the criminal trial, a long-running coronial inquest began in September 2022 before Northern Territory Coroner Elisabeth Armitage.
The inquest is currently adjourned and is expected to resume in Alice Springs at the end of July, when Constable Rolfe is scheduled to give evidence.
There is no suggestion that his possible dismissal is related to events on the night Mr Walker was shot.
Sources have told the ABC that Constable Rolfe's lawyers were served a letter several days ago, informing them the officer would be dismissed under section 78 of the NT Police Administration Act (the PAA).
Section 78 of the PAA relates to "public interest dismissal" and says a member of the police force may be immediately dismissed if the NT police commissioner is "of the opinion that the member has committed a breach of discipline and it is in the public interest that the member be immediately dismissed".
It also says the commissioner must have "taken into account any written response of the member made after service on the member of a notice under section 79".
On March 6, 2023, NT Police Assistant Commissioner Bruce Porter — whose portfolio includes the professional standards command — told the coronial inquest into the shooting that Constable Rolfe had been issued a section 79 notice under the PAA on February 26, 2023, asking him to respond to an alleged breach of discipline.
He told the inquest that notice related to a 2,500-word "opinion piece" attributed to Constable Rolfe that had been published online criticising the coronial inquest and his treatment by the police force.
Officer 'stood down' in February
In the 2,500-word statement, published in February, Constable Rolfe wrote that he had been issued a notice of the NT police force's intention to "medically retire" him.
During the inquest, Assistant Commissioner Bruce Porter told the coroner that he had made that call.
"I formed the opinion that he had the inability to continue as a member of the police force," he told the inquest.
"I provided him a notice [on February 6], advising that it was my intention to retire him … and then, on 7 February, he was provided a notice to stand down from duty pending the part 5 action."
The inquest was told that "part five" of the PAA included "inability provisions", which Assistant Commissioner Porter had enacted on the basis of a medical examination.
In the statement, Constable Rolfe wrote that he had been directed to attend an independent medical exam with a psychiatrist.
"The psych reported that I have no diagnosable issues, he believes I am right to return to work with a supported return to work plan," the statement read.
Rolfe still a serving member of police force, NT Police confirm
On Sunday, NT Police media manager Maggie McKeown said there had been "no update" in relation to Constable Rolfe's employment.
In response to questions from the ABC, Ms McKeown said: "As of today, Constable Rolfe is still a serving member of the NT police force."
She told media there was "a lot of information that goes between lawyers" but that there had been "no movement in that space at all".
Sources have told the ABC that Constable Rolfe has an avenue to appeal the dismissal notice if he chooses to.
His lawyers have been contacted for comment.
