A jury could find that a Northern Territory policeman accused of murdering a young Indigenous man during an outback arrest is immune from criminal liability.
Former Canberra resident, Constable Zachary Rolfe, 29, shot Kumanjayi Walker, 19, in the remote community of Yuendumu in November 2019.
Rolfe’s trial is set to start on Wednesday after a full bench of the NT Supreme Court on Friday handed down its decisions about legal argument over three potential defences.
They are: the “good faith” clause of the NT Police Administration Act; that Rolfe was performing his duty as a police officer when the shooting happened; and that he was acting in self-defence.
The act contains provisions that give police officers immunity in certain circumstances if they were performing an authorised duty in “good faith” at the time.
Trial judge Acting-Justice Dean Mildren referred four questions for the court to determine if and how the three defences could be presented to a jury for consideration at trial.
The five judges concluded the defences could be considered by the jury alongside the evidence.
They said Justice Mildren would direct the jury on what matters they need to be sure of before being able to find Rolfe was acting in “good faith” while performing his duty.
Rolfe’s trial was postponed in mid-July due to NSW’s COVID-19 outbreak, which prevented the Crown’s interstate prosecution team from travelling to the Top End.
It was relisted on July 30 after prosecutor Philip Strickland SC confirmed he would fly to Darwin and quarantine for two weeks.
Rolfe is charged with murder and the alternative charges of manslaughter and engaging in a violent act causing death.
He has pleaded not guilty to all charges.
The trial is expected to run for three weeks in Darwin, which is about 1500 kilometres north of Yuendumu.
AAP
