
Inquest a litmus test for racism in police forces
The inquest findings into the death of 19-year-old Kumanjayi Walker are among the most anticipated in the history of deaths in custody.
It is almost six years since Walker was shot point blank three times by former Northern Territory (NT) Police constable Zachary Rolfe. These events occurred on the evening of November 9, 2019 in a family home of Walker, as Warlpiri people of the remote Central Australian community of Yuendumu listened in fear.
In the immediate aftermath of the shooting, Chief Minister Michael Gunner promised "consequences would flow".
In 2022, Rolfe was tried for murder and the alternate charges of manslaughter and violent act causing death. The first, non-lethal, shot was conceded by the prosecution to be in self-defence. The fatal second and third shots were the basis for the prosecution.
The jury, with no Aboriginal representation, decided in March 2022 that self-defence also applied to the subsequent shots, and Rolfe was found not guilty.
Legal experts have since contended that the first shot was not an act of self-defence, given Rolfe unlawfully ambushed Walker without permission to enter the home. They also maintain Rolfe's history of racial violence and slurs against Aboriginal people should have been admissible evidence given their relevance to Rolfe's conduct on the night of November 9.
Following the trial, in September 2022 the inquest into Kumanjayi Walker's death commenced. The coroner's role is to determine the causes of Walker's death.
The issue of police racism, generally in the NT Police and specifically on the part of Rolfe, came within the scope of the inquest, along with Rolfe's allegedly violent practices towards Aboriginal people, police relations with Aboriginal people in remote communities, and the use of police weapons, especially firearms.
The inquest has been a litmus test for racism in police forces. The Yuendumu community has sought findings of racism and recommendations to redress this wicked problem, including disciplinary action for racist and violent police officers.
Walker's family has called for
The North Australian Aboriginal Justice Agency (NAAJA) also argued for independent and robust police accountability mechanisms.
The inquest was originally due to conclude in December 2022, but was substantially delayed based on a number of applications and appeals from Rolfe.
Rolfe requested for Coroner Armitage to remove herself from the inquest based on perceived bias against him. He also refused to give evidence to the inquest, on the basis that his evidence would implicate him. Multiple appeals to higher courts were unsuccessful but time-consuming.
Walker's family expressed concerns that the significant delays in the inquest have been detrimental to their plight.
A fortnight before the inquest findings were due to be delivered, another young Warlpiri man, 24-year-old Kumanjayi White from Yuendumu, was killed by police in May 2024. This set back the findings and reopened wounds endured by the Yuendumu community. Once again, the community has had to remobilise to campaign for justice. It has added to the sentiment of the community, which was expressed by Kumanjayi White's grandfather Ned Jampijinpa Hargraves: "we do not trust police".
This inquest, more than any other in recent history, has put into sharp relief the violence of the police force. It received evidence of text messages in which Rolfe described Aboriginal people as "neanderthals who drink too much alcohol" and referred to Aboriginal people as "c---".
Footage was shown of Rolfe's use of violence towards Aboriginal people. Forty-six incidents of violence, including punching Aboriginal people and rendering them unconscious, had been recorded between 2016 and 2019. Some of these attacks were the subject of professional standards and legal complaints. The inquest heard of the failure of police and prosecutors to investigate.
However, the racism was not confined to Rolfe. Evidence of a culture of racism disclosed that it was endemic up to the highest levels. There was "normalised" and widespread use of racist language towards Aboriginal people, including use of the "n-word".
Rolfe provided evidence of the police annual racist awards ("C--- of the Year") and officers who would describe a pub that Aboriginal people attended as the "animal bar".
The fact a white police officer, Rolfe, disclosed the racism gave it a legitimacy and widespread coverage that the Yuendumu community was unable to garner.
The inquest identified issues with the substantial recruitment of former Australian Defence Force (ADF) personnel to the NT Police. Rolfe, who served in Afghanistan, gave evidence he was trained by the ADF to dehumanise the "enemy".
The inquest also heard that NT police officers who had served in the ADF were twice as likely to draw a firearm than non-ADF police officers. This use of force raised important questions around police recruitment.
Leanne Liddle, who at the time was director of the NT government's Aboriginal Justice Unit and conducted consultations across remote communities on criminal justice, gave evidence to the inquest that racism in the police was "systemic".
The findings of the coroner have identified acts of racism but have not delivered a crushing blow to racial violence in the NT Police. The recommendations do not seek to transform the force's practices or dilute its powers.
The coroner's starting point in her findings delivered at Yuendumu was that police should be able to "defend themselves" against "serious attacks". Coroner Armitage acknowledged the "stress" endured by Rolfe and his family along with the trauma of Walker's family.
While evidence before the inquest identified Rolfe's days of planning around Walker's forceful arrest, the coroner first considered Walker's conduct, upbringing and circumstances that led to his death. The coroner did not give attention to the privilege of Rolfe's background and how this may have contributed to his treatment of Aboriginal people in central Australia, including Walker.
The coroner made some key findings:
The coroner's recommendations are:
The almost six years since the shooting of Kumanjayi Walker have not delivered on chief minister Michael Gunner's promise that "consequences would flow".
The inquest findings do not bring the community any closer to consequences. There was no disciplinary action recommended for any officer involved in Walker's death. The coroner also did not recommend consequences for police with a history of using force against Aboriginal people, or those who have expressed racist attitudes or behaved in racist ways.
To date, Rolfe, or Adam Erbel who was restraining Walker at the time of the shooting, have not apologised for Walker's death.
The coroner also did not set down recommendations that had consequence for NT Police. These might have included reconstituting the force to make it community-oriented, relying less on force and not carrying firearms in remote communities, or redirecting funds to NT Aboriginal remote community-controlled law and justice groups.
Even the modest recommendations that were made may not see the light of day in government policy or police practice. There is no legally enforceable obligation for governments and agencies to implement coronial recommendations, despite the Royal Commission into Aboriginal Deaths in Custody recommending governments routinely adopt inquest recommendations and report on their implementation.
The NT government has stipulated that it decides which coronial recommendations to accept. The implementation of coronial recommendations in the NT has a sordid history.
In a climate of expanding police numbers and powers in the NT, with an additional 200 police being recruited to add to the already highest police ratio in the country, Aboriginal deaths in custody will continue to happen. This was the clarion call of the royal commission: more police and police powers will result in more deaths in custody.
Walker's is one of the 598 deaths since the royal commission, and the brutal circumstances of his death show little has changed. The coronial recommendations fall short of calling for the structural overhaul demanded by Aboriginal families and advocates, to eradicate police racial violence from the lives of Aboriginal people in the NT.
First Nations people please be advised this article speaks of racially discriminating moments in history, including the distress and death of First Nations people.
The inquest findings into the death of 19-year-old Kumanjayi Walker are among the most anticipated in the history of deaths in custody.
It is almost six years since Walker was shot point blank three times by former Northern Territory (NT) Police constable Zachary Rolfe. These events occurred on the evening of November 9, 2019 in a family home of Walker, as Warlpiri people of the remote Central Australian community of Yuendumu listened in fear.
In the immediate aftermath of the shooting, Chief Minister Michael Gunner promised "consequences would flow".
In 2022, Rolfe was tried for murder and the alternate charges of manslaughter and violent act causing death. The first, non-lethal, shot was conceded by the prosecution to be in self-defence. The fatal second and third shots were the basis for the prosecution.
The jury, with no Aboriginal representation, decided in March 2022 that self-defence also applied to the subsequent shots, and Rolfe was found not guilty.
Legal experts have since contended that the first shot was not an act of self-defence, given Rolfe unlawfully ambushed Walker without permission to enter the home. They also maintain Rolfe's history of racial violence and slurs against Aboriginal people should have been admissible evidence given their relevance to Rolfe's conduct on the night of November 9.
Following the trial, in September 2022 the inquest into Kumanjayi Walker's death commenced. The coroner's role is to determine the causes of Walker's death.
The issue of police racism, generally in the NT Police and specifically on the part of Rolfe, came within the scope of the inquest, along with Rolfe's allegedly violent practices towards Aboriginal people, police relations with Aboriginal people in remote communities, and the use of police weapons, especially firearms.
The inquest has been a litmus test for racism in police forces. The Yuendumu community has sought findings of racism and recommendations to redress this wicked problem, including disciplinary action for racist and violent police officers.
Walker's family has called for
The North Australian Aboriginal Justice Agency (NAAJA) also argued for independent and robust police accountability mechanisms.
The inquest was originally due to conclude in December 2022, but was substantially delayed based on a number of applications and appeals from Rolfe.
Rolfe requested for Coroner Armitage to remove herself from the inquest based on perceived bias against him. He also refused to give evidence to the inquest, on the basis that his evidence would implicate him. Multiple appeals to higher courts were unsuccessful but time-consuming.
Walker's family expressed concerns that the significant delays in the inquest have been detrimental to their plight.
A fortnight before the inquest findings were due to be delivered, another young Warlpiri man, 24-year-old Kumanjayi White from Yuendumu, was killed by police in May 2024. This set back the findings and reopened wounds endured by the Yuendumu community. Once again, the community has had to remobilise to campaign for justice. It has added to the sentiment of the community, which was expressed by Kumanjayi White's grandfather Ned Jampijinpa Hargraves: "we do not trust police".
This inquest, more than any other in recent history, has put into sharp relief the violence of the police force. It received evidence of text messages in which Rolfe described Aboriginal people as "neanderthals who drink too much alcohol" and referred to Aboriginal people as "c---".
Footage was shown of Rolfe's use of violence towards Aboriginal people. Forty-six incidents of violence, including punching Aboriginal people and rendering them unconscious, had been recorded between 2016 and 2019. Some of these attacks were the subject of professional standards and legal complaints. The inquest heard of the failure of police and prosecutors to investigate.
However, the racism was not confined to Rolfe. Evidence of a culture of racism disclosed that it was endemic up to the highest levels. There was "normalised" and widespread use of racist language towards Aboriginal people, including use of the "n-word".
Rolfe provided evidence of the police annual racist awards ("C--- of the Year") and officers who would describe a pub that Aboriginal people attended as the "animal bar".
The fact a white police officer, Rolfe, disclosed the racism gave it a legitimacy and widespread coverage that the Yuendumu community was unable to garner.
The inquest identified issues with the substantial recruitment of former Australian Defence Force (ADF) personnel to the NT Police. Rolfe, who served in Afghanistan, gave evidence he was trained by the ADF to dehumanise the "enemy".
The inquest also heard that NT police officers who had served in the ADF were twice as likely to draw a firearm than non-ADF police officers. This use of force raised important questions around police recruitment.
Leanne Liddle, who at the time was director of the NT government's Aboriginal Justice Unit and conducted consultations across remote communities on criminal justice, gave evidence to the inquest that racism in the police was "systemic".
The findings of the coroner have identified acts of racism but have not delivered a crushing blow to racial violence in the NT Police. The recommendations do not seek to transform the force's practices or dilute its powers.
The coroner's starting point in her findings delivered at Yuendumu was that police should be able to "defend themselves" against "serious attacks". Coroner Armitage acknowledged the "stress" endured by Rolfe and his family along with the trauma of Walker's family.
While evidence before the inquest identified Rolfe's days of planning around Walker's forceful arrest, the coroner first considered Walker's conduct, upbringing and circumstances that led to his death. The coroner did not give attention to the privilege of Rolfe's background and how this may have contributed to his treatment of Aboriginal people in central Australia, including Walker.
The coroner made some key findings:
The coroner's recommendations are:
The almost six years since the shooting of Kumanjayi Walker have not delivered on chief minister Michael Gunner's promise that "consequences would flow".
The inquest findings do not bring the community any closer to consequences. There was no disciplinary action recommended for any officer involved in Walker's death. The coroner also did not recommend consequences for police with a history of using force against Aboriginal people, or those who have expressed racist attitudes or behaved in racist ways.
To date, Rolfe, or Adam Erbel who was restraining Walker at the time of the shooting, have not apologised for Walker's death.
The coroner also did not set down recommendations that had consequence for NT Police. These might have included reconstituting the force to make it community-oriented, relying less on force and not carrying firearms in remote communities, or redirecting funds to NT Aboriginal remote community-controlled law and justice groups.
Even the modest recommendations that were made may not see the light of day in government policy or police practice. There is no legally enforceable obligation for governments and agencies to implement coronial recommendations, despite the Royal Commission into Aboriginal Deaths in Custody recommending governments routinely adopt inquest recommendations and report on their implementation.
The NT government has stipulated that it decides which coronial recommendations to accept. The implementation of coronial recommendations in the NT has a sordid history.
In a climate of expanding police numbers and powers in the NT, with an additional 200 police being recruited to add to the already highest police ratio in the country, Aboriginal deaths in custody will continue to happen. This was the clarion call of the royal commission: more police and police powers will result in more deaths in custody.
Walker's is one of the 598 deaths since the royal commission, and the brutal circumstances of his death show little has changed. The coronial recommendations fall short of calling for the structural overhaul demanded by Aboriginal families and advocates, to eradicate police racial violence from the lives of Aboriginal people in the NT.
First Nations people please be advised this article speaks of racially discriminating moments in history, including the distress and death of First Nations people.
The inquest findings into the death of 19-year-old Kumanjayi Walker are among the most anticipated in the history of deaths in custody.
It is almost six years since Walker was shot point blank three times by former Northern Territory (NT) Police constable Zachary Rolfe. These events occurred on the evening of November 9, 2019 in a family home of Walker, as Warlpiri people of the remote Central Australian community of Yuendumu listened in fear.
In the immediate aftermath of the shooting, Chief Minister Michael Gunner promised "consequences would flow".
In 2022, Rolfe was tried for murder and the alternate charges of manslaughter and violent act causing death. The first, non-lethal, shot was conceded by the prosecution to be in self-defence. The fatal second and third shots were the basis for the prosecution.
The jury, with no Aboriginal representation, decided in March 2022 that self-defence also applied to the subsequent shots, and Rolfe was found not guilty.
Legal experts have since contended that the first shot was not an act of self-defence, given Rolfe unlawfully ambushed Walker without permission to enter the home. They also maintain Rolfe's history of racial violence and slurs against Aboriginal people should have been admissible evidence given their relevance to Rolfe's conduct on the night of November 9.
Following the trial, in September 2022 the inquest into Kumanjayi Walker's death commenced. The coroner's role is to determine the causes of Walker's death.
The issue of police racism, generally in the NT Police and specifically on the part of Rolfe, came within the scope of the inquest, along with Rolfe's allegedly violent practices towards Aboriginal people, police relations with Aboriginal people in remote communities, and the use of police weapons, especially firearms.
The inquest has been a litmus test for racism in police forces. The Yuendumu community has sought findings of racism and recommendations to redress this wicked problem, including disciplinary action for racist and violent police officers.
Walker's family has called for
The North Australian Aboriginal Justice Agency (NAAJA) also argued for independent and robust police accountability mechanisms.
The inquest was originally due to conclude in December 2022, but was substantially delayed based on a number of applications and appeals from Rolfe.
Rolfe requested for Coroner Armitage to remove herself from the inquest based on perceived bias against him. He also refused to give evidence to the inquest, on the basis that his evidence would implicate him. Multiple appeals to higher courts were unsuccessful but time-consuming.
Walker's family expressed concerns that the significant delays in the inquest have been detrimental to their plight.
A fortnight before the inquest findings were due to be delivered, another young Warlpiri man, 24-year-old Kumanjayi White from Yuendumu, was killed by police in May 2024. This set back the findings and reopened wounds endured by the Yuendumu community. Once again, the community has had to remobilise to campaign for justice. It has added to the sentiment of the community, which was expressed by Kumanjayi White's grandfather Ned Jampijinpa Hargraves: "we do not trust police".
This inquest, more than any other in recent history, has put into sharp relief the violence of the police force. It received evidence of text messages in which Rolfe described Aboriginal people as "neanderthals who drink too much alcohol" and referred to Aboriginal people as "c---".
Footage was shown of Rolfe's use of violence towards Aboriginal people. Forty-six incidents of violence, including punching Aboriginal people and rendering them unconscious, had been recorded between 2016 and 2019. Some of these attacks were the subject of professional standards and legal complaints. The inquest heard of the failure of police and prosecutors to investigate.
However, the racism was not confined to Rolfe. Evidence of a culture of racism disclosed that it was endemic up to the highest levels. There was "normalised" and widespread use of racist language towards Aboriginal people, including use of the "n-word".
Rolfe provided evidence of the police annual racist awards ("C--- of the Year") and officers who would describe a pub that Aboriginal people attended as the "animal bar".
The fact a white police officer, Rolfe, disclosed the racism gave it a legitimacy and widespread coverage that the Yuendumu community was unable to garner.
The inquest identified issues with the substantial recruitment of former Australian Defence Force (ADF) personnel to the NT Police. Rolfe, who served in Afghanistan, gave evidence he was trained by the ADF to dehumanise the "enemy".
The inquest also heard that NT police officers who had served in the ADF were twice as likely to draw a firearm than non-ADF police officers. This use of force raised important questions around police recruitment.
Leanne Liddle, who at the time was director of the NT government's Aboriginal Justice Unit and conducted consultations across remote communities on criminal justice, gave evidence to the inquest that racism in the police was "systemic".
The findings of the coroner have identified acts of racism but have not delivered a crushing blow to racial violence in the NT Police. The recommendations do not seek to transform the force's practices or dilute its powers.
The coroner's starting point in her findings delivered at Yuendumu was that police should be able to "defend themselves" against "serious attacks". Coroner Armitage acknowledged the "stress" endured by Rolfe and his family along with the trauma of Walker's family.
While evidence before the inquest identified Rolfe's days of planning around Walker's forceful arrest, the coroner first considered Walker's conduct, upbringing and circumstances that led to his death. The coroner did not give attention to the privilege of Rolfe's background and how this may have contributed to his treatment of Aboriginal people in central Australia, including Walker.
The coroner made some key findings:
The coroner's recommendations are:
The almost six years since the shooting of Kumanjayi Walker have not delivered on chief minister Michael Gunner's promise that "consequences would flow".
The inquest findings do not bring the community any closer to consequences. There was no disciplinary action recommended for any officer involved in Walker's death. The coroner also did not recommend consequences for police with a history of using force against Aboriginal people, or those who have expressed racist attitudes or behaved in racist ways.
To date, Rolfe, or Adam Erbel who was restraining Walker at the time of the shooting, have not apologised for Walker's death.
The coroner also did not set down recommendations that had consequence for NT Police. These might have included reconstituting the force to make it community-oriented, relying less on force and not carrying firearms in remote communities, or redirecting funds to NT Aboriginal remote community-controlled law and justice groups.
Even the modest recommendations that were made may not see the light of day in government policy or police practice. There is no legally enforceable obligation for governments and agencies to implement coronial recommendations, despite the Royal Commission into Aboriginal Deaths in Custody recommending governments routinely adopt inquest recommendations and report on their implementation.
The NT government has stipulated that it decides which coronial recommendations to accept. The implementation of coronial recommendations in the NT has a sordid history.
In a climate of expanding police numbers and powers in the NT, with an additional 200 police being recruited to add to the already highest police ratio in the country, Aboriginal deaths in custody will continue to happen. This was the clarion call of the royal commission: more police and police powers will result in more deaths in custody.
Walker's is one of the 598 deaths since the royal commission, and the brutal circumstances of his death show little has changed. The coronial recommendations fall short of calling for the structural overhaul demanded by Aboriginal families and advocates, to eradicate police racial violence from the lives of Aboriginal people in the NT.
First Nations people please be advised this article speaks of racially discriminating moments in history, including the distress and death of First Nations people.
The inquest findings into the death of 19-year-old Kumanjayi Walker are among the most anticipated in the history of deaths in custody.
It is almost six years since Walker was shot point blank three times by former Northern Territory (NT) Police constable Zachary Rolfe. These events occurred on the evening of November 9, 2019 in a family home of Walker, as Warlpiri people of the remote Central Australian community of Yuendumu listened in fear.
In the immediate aftermath of the shooting, Chief Minister Michael Gunner promised "consequences would flow".
In 2022, Rolfe was tried for murder and the alternate charges of manslaughter and violent act causing death. The first, non-lethal, shot was conceded by the prosecution to be in self-defence. The fatal second and third shots were the basis for the prosecution.
The jury, with no Aboriginal representation, decided in March 2022 that self-defence also applied to the subsequent shots, and Rolfe was found not guilty.
Legal experts have since contended that the first shot was not an act of self-defence, given Rolfe unlawfully ambushed Walker without permission to enter the home. They also maintain Rolfe's history of racial violence and slurs against Aboriginal people should have been admissible evidence given their relevance to Rolfe's conduct on the night of November 9.
Following the trial, in September 2022 the inquest into Kumanjayi Walker's death commenced. The coroner's role is to determine the causes of Walker's death.
The issue of police racism, generally in the NT Police and specifically on the part of Rolfe, came within the scope of the inquest, along with Rolfe's allegedly violent practices towards Aboriginal people, police relations with Aboriginal people in remote communities, and the use of police weapons, especially firearms.
The inquest has been a litmus test for racism in police forces. The Yuendumu community has sought findings of racism and recommendations to redress this wicked problem, including disciplinary action for racist and violent police officers.
Walker's family has called for
The North Australian Aboriginal Justice Agency (NAAJA) also argued for independent and robust police accountability mechanisms.
The inquest was originally due to conclude in December 2022, but was substantially delayed based on a number of applications and appeals from Rolfe.
Rolfe requested for Coroner Armitage to remove herself from the inquest based on perceived bias against him. He also refused to give evidence to the inquest, on the basis that his evidence would implicate him. Multiple appeals to higher courts were unsuccessful but time-consuming.
Walker's family expressed concerns that the significant delays in the inquest have been detrimental to their plight.
A fortnight before the inquest findings were due to be delivered, another young Warlpiri man, 24-year-old Kumanjayi White from Yuendumu, was killed by police in May 2024. This set back the findings and reopened wounds endured by the Yuendumu community. Once again, the community has had to remobilise to campaign for justice. It has added to the sentiment of the community, which was expressed by Kumanjayi White's grandfather Ned Jampijinpa Hargraves: "we do not trust police".
This inquest, more than any other in recent history, has put into sharp relief the violence of the police force. It received evidence of text messages in which Rolfe described Aboriginal people as "neanderthals who drink too much alcohol" and referred to Aboriginal people as "c---".
Footage was shown of Rolfe's use of violence towards Aboriginal people. Forty-six incidents of violence, including punching Aboriginal people and rendering them unconscious, had been recorded between 2016 and 2019. Some of these attacks were the subject of professional standards and legal complaints. The inquest heard of the failure of police and prosecutors to investigate.
However, the racism was not confined to Rolfe. Evidence of a culture of racism disclosed that it was endemic up to the highest levels. There was "normalised" and widespread use of racist language towards Aboriginal people, including use of the "n-word".
Rolfe provided evidence of the police annual racist awards ("C--- of the Year") and officers who would describe a pub that Aboriginal people attended as the "animal bar".
The fact a white police officer, Rolfe, disclosed the racism gave it a legitimacy and widespread coverage that the Yuendumu community was unable to garner.
The inquest identified issues with the substantial recruitment of former Australian Defence Force (ADF) personnel to the NT Police. Rolfe, who served in Afghanistan, gave evidence he was trained by the ADF to dehumanise the "enemy".
The inquest also heard that NT police officers who had served in the ADF were twice as likely to draw a firearm than non-ADF police officers. This use of force raised important questions around police recruitment.
Leanne Liddle, who at the time was director of the NT government's Aboriginal Justice Unit and conducted consultations across remote communities on criminal justice, gave evidence to the inquest that racism in the police was "systemic".
The findings of the coroner have identified acts of racism but have not delivered a crushing blow to racial violence in the NT Police. The recommendations do not seek to transform the force's practices or dilute its powers.
The coroner's starting point in her findings delivered at Yuendumu was that police should be able to "defend themselves" against "serious attacks". Coroner Armitage acknowledged the "stress" endured by Rolfe and his family along with the trauma of Walker's family.
While evidence before the inquest identified Rolfe's days of planning around Walker's forceful arrest, the coroner first considered Walker's conduct, upbringing and circumstances that led to his death. The coroner did not give attention to the privilege of Rolfe's background and how this may have contributed to his treatment of Aboriginal people in central Australia, including Walker.
The coroner made some key findings:
The coroner's recommendations are:
The almost six years since the shooting of Kumanjayi Walker have not delivered on chief minister Michael Gunner's promise that "consequences would flow".
The inquest findings do not bring the community any closer to consequences. There was no disciplinary action recommended for any officer involved in Walker's death. The coroner also did not recommend consequences for police with a history of using force against Aboriginal people, or those who have expressed racist attitudes or behaved in racist ways.
To date, Rolfe, or Adam Erbel who was restraining Walker at the time of the shooting, have not apologised for Walker's death.
The coroner also did not set down recommendations that had consequence for NT Police. These might have included reconstituting the force to make it community-oriented, relying less on force and not carrying firearms in remote communities, or redirecting funds to NT Aboriginal remote community-controlled law and justice groups.
Even the modest recommendations that were made may not see the light of day in government policy or police practice. There is no legally enforceable obligation for governments and agencies to implement coronial recommendations, despite the Royal Commission into Aboriginal Deaths in Custody recommending governments routinely adopt inquest recommendations and report on their implementation.
The NT government has stipulated that it decides which coronial recommendations to accept. The implementation of coronial recommendations in the NT has a sordid history.
In a climate of expanding police numbers and powers in the NT, with an additional 200 police being recruited to add to the already highest police ratio in the country, Aboriginal deaths in custody will continue to happen. This was the clarion call of the royal commission: more police and police powers will result in more deaths in custody.
Walker's is one of the 598 deaths since the royal commission, and the brutal circumstances of his death show little has changed. The coronial recommendations fall short of calling for the structural overhaul demanded by Aboriginal families and advocates, to eradicate police racial violence from the lives of Aboriginal people in the NT.
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I am driven to seek accountability for what happened to me. I hope that my claim may set an example in the Northern Territory.' A spokeswoman for the NT's Country Liberal Party government said in a statement that Attorney-General Marie-Clare Boothby was 'unable to comment on the alleged matter you're referring to'. In its decision to accept the complaint, the NTADC said the allegations 'involve the abuse of an immense workplace power imbalance'. 'Further, the respondents are individuals in whom significant public trust is placed, and they should be expected to act with the highest degree of integrity,' it said. 'The power imbalance between the parties could not be more pronounced.' The NTADC said it was 'is in the public interest that judges and public officials are not seen as 'above the law' and are held to account when there are serious allegations of sexual harassment and sex discrimination made against them'. 'Providing a process to progress complaints of this nature, despite the expiration of the limitation period, will not only advance the objects of the Act, but promote public confidence in the justice system more broadly,' it said. The legal complaint is filed against the NT government, the former judge, two other senior officers and the Commissioner for Public Employment. The claim seeks an apology for the alleged harassment and discrimination she endured, as well as damages for injury, distress and the loss of her legal career. Maurice Blackburn principal lawyer Josh Bornstein said it was 'bizarre' that the NT government was 'trying to kill the case' on the basis of time despite commissioning Dr Thom's report into the allegations. 'She's an impeccable person with incredible credentials, she upheld the allegations of sexual harassment, and then [the NT government] for some reason wants to try to block the case going to a proper [adjudication],' Mr Bornstein said. He noted that while sexual harassment complaints were generally time-limited, 'recently the tide has turned a bit because [there is growing realisation] people don't come forward until years down the track'. Maurice Blackburn also acted for three women who made the complaints about Justice Heydon. After the High Court's 2020 apology to the victims of Justice Heydon, courts around the country undertook major reforms to ensure judges' employees could work without the threat of sexual harassment. Mr Bornstein said he had also assisted 'many other women to bring claims of sexual harassment against other judges and to resolve them without the need for litigation'. He slammed the NT government's 'attempt to block access to justice' for the alleged complainant as 'prehistoric'. 'Someone forgot to tell the Northern Territory government that we live in the 21st century,' he said. Mr Bornstein said adding 'further insult' was the fact that 'women who suffer sexual harassment in the Northern Territory are already treated as second-class citizens'. Under NT law, a woman who suffers serious injury and loses her legal career can only be compensated a maximum of $60,000 per respondent — the lowest in the country. That amount has remained unchanged since the 1990s. 'That's a law that probably should have been repealed in 1954,' said Mr Bornstein, who called for the government to 'urgently remove the cap to bring the law into line with the rest of the country'. Under the federal Sex Discrimination Act, there is no cap on damages.


The Advertiser
6 hours ago
- The Advertiser
Family 'validated' over coroner's police racism finding
A community says it has "had enough" of police after a coronial inquest into the death of an Indigenous teenager renewed allegations of racism. Kumanjayi Walker was fatally shot by then-constable Zachary Rolfe in the community of Yuendumu in 2019. In handing down her findings into the 19-year-old's death, coroner Elisabeth Armitage said she found Mr Rolfe to be racist and the Northern Territory Police Force to have "the hallmarks of institutionalised racism". Mr Rolfe maintained in a statement issued by his lawyer on Tuesday that it "was never about race". Mr Walker's family welcomed the coroner's findings. "When we heard the coroner say there was structural and entrenched racism in the NT Police Force, we felt validated as a family," Mr Walker's cousin Samara Fernandez-Brown said in Yuendumu on Tuesday Ms Fernandez-Brown said she was grateful the coroner's findings were handed down in the community, 300km from Alice Springs, on Monday. But she said recommendations around police accountability in the NT were not strong enough. "We heard countless evidence about how the police have been racist, how they have been violent and how they have used too much force when it comes to our people," Ms Fernandez-Brown said. The coroner's findings were postponed after the death of another Warlpiri man, Kumanjayi White, who died in police custody in Alice Springs in May. Mr White's grandfather, senior Yuendumu Elder Ned Hargraves, said something must be done. "We've had enough of these police," he said. "They are doing the biggest damage to our community ... they have no shame whatsoever." NT Police Acting Commissioner Martin Dole said it was clear racism existed in the force. "It is a truth that we must face. What was tolerated in the past will no longer be acceptable," he said in Alice Springs. Mr Dole said a decision to leave Yuendumu shortly after the findings were handed down was made after discussions with Elders. His comments come after Mr Hargraves expressed his disappointment the commissioner left the community without speaking with him. "I apologise that he feels that way," Mr Dole said. "I did have consultations with several of the Elders and we thought it best that meeting take place in future days." Mr Hargraves said he would be strongly against the commissioner returning to Yuendumu. "I won't talk to him again ... I don't want to," he said. The force's cultural reform executive director Leanne Liddle said NT Police was working to rebuild trust through an anti-racism strategy. Ms Fernandez-Brown said while she would like to remain optimistic about structural change, she wouldn't "hold my breath" for that to come from within the NT police force. "Asking the Northern Territory police force to become safe is unsustainable and a band-aid solution," she said. "I'd like to see a structure that replaces that altogether." 13YARN 13 92 76 Lifeline 13 11 14 A community says it has "had enough" of police after a coronial inquest into the death of an Indigenous teenager renewed allegations of racism. Kumanjayi Walker was fatally shot by then-constable Zachary Rolfe in the community of Yuendumu in 2019. In handing down her findings into the 19-year-old's death, coroner Elisabeth Armitage said she found Mr Rolfe to be racist and the Northern Territory Police Force to have "the hallmarks of institutionalised racism". Mr Rolfe maintained in a statement issued by his lawyer on Tuesday that it "was never about race". Mr Walker's family welcomed the coroner's findings. "When we heard the coroner say there was structural and entrenched racism in the NT Police Force, we felt validated as a family," Mr Walker's cousin Samara Fernandez-Brown said in Yuendumu on Tuesday Ms Fernandez-Brown said she was grateful the coroner's findings were handed down in the community, 300km from Alice Springs, on Monday. But she said recommendations around police accountability in the NT were not strong enough. "We heard countless evidence about how the police have been racist, how they have been violent and how they have used too much force when it comes to our people," Ms Fernandez-Brown said. The coroner's findings were postponed after the death of another Warlpiri man, Kumanjayi White, who died in police custody in Alice Springs in May. Mr White's grandfather, senior Yuendumu Elder Ned Hargraves, said something must be done. "We've had enough of these police," he said. "They are doing the biggest damage to our community ... they have no shame whatsoever." NT Police Acting Commissioner Martin Dole said it was clear racism existed in the force. "It is a truth that we must face. What was tolerated in the past will no longer be acceptable," he said in Alice Springs. Mr Dole said a decision to leave Yuendumu shortly after the findings were handed down was made after discussions with Elders. His comments come after Mr Hargraves expressed his disappointment the commissioner left the community without speaking with him. "I apologise that he feels that way," Mr Dole said. "I did have consultations with several of the Elders and we thought it best that meeting take place in future days." Mr Hargraves said he would be strongly against the commissioner returning to Yuendumu. "I won't talk to him again ... I don't want to," he said. The force's cultural reform executive director Leanne Liddle said NT Police was working to rebuild trust through an anti-racism strategy. Ms Fernandez-Brown said while she would like to remain optimistic about structural change, she wouldn't "hold my breath" for that to come from within the NT police force. "Asking the Northern Territory police force to become safe is unsustainable and a band-aid solution," she said. "I'd like to see a structure that replaces that altogether." 13YARN 13 92 76 Lifeline 13 11 14 A community says it has "had enough" of police after a coronial inquest into the death of an Indigenous teenager renewed allegations of racism. Kumanjayi Walker was fatally shot by then-constable Zachary Rolfe in the community of Yuendumu in 2019. In handing down her findings into the 19-year-old's death, coroner Elisabeth Armitage said she found Mr Rolfe to be racist and the Northern Territory Police Force to have "the hallmarks of institutionalised racism". Mr Rolfe maintained in a statement issued by his lawyer on Tuesday that it "was never about race". Mr Walker's family welcomed the coroner's findings. "When we heard the coroner say there was structural and entrenched racism in the NT Police Force, we felt validated as a family," Mr Walker's cousin Samara Fernandez-Brown said in Yuendumu on Tuesday Ms Fernandez-Brown said she was grateful the coroner's findings were handed down in the community, 300km from Alice Springs, on Monday. But she said recommendations around police accountability in the NT were not strong enough. "We heard countless evidence about how the police have been racist, how they have been violent and how they have used too much force when it comes to our people," Ms Fernandez-Brown said. The coroner's findings were postponed after the death of another Warlpiri man, Kumanjayi White, who died in police custody in Alice Springs in May. Mr White's grandfather, senior Yuendumu Elder Ned Hargraves, said something must be done. "We've had enough of these police," he said. "They are doing the biggest damage to our community ... they have no shame whatsoever." NT Police Acting Commissioner Martin Dole said it was clear racism existed in the force. "It is a truth that we must face. What was tolerated in the past will no longer be acceptable," he said in Alice Springs. Mr Dole said a decision to leave Yuendumu shortly after the findings were handed down was made after discussions with Elders. His comments come after Mr Hargraves expressed his disappointment the commissioner left the community without speaking with him. "I apologise that he feels that way," Mr Dole said. "I did have consultations with several of the Elders and we thought it best that meeting take place in future days." Mr Hargraves said he would be strongly against the commissioner returning to Yuendumu. "I won't talk to him again ... I don't want to," he said. The force's cultural reform executive director Leanne Liddle said NT Police was working to rebuild trust through an anti-racism strategy. Ms Fernandez-Brown said while she would like to remain optimistic about structural change, she wouldn't "hold my breath" for that to come from within the NT police force. "Asking the Northern Territory police force to become safe is unsustainable and a band-aid solution," she said. "I'd like to see a structure that replaces that altogether." 13YARN 13 92 76 Lifeline 13 11 14 A community says it has "had enough" of police after a coronial inquest into the death of an Indigenous teenager renewed allegations of racism. Kumanjayi Walker was fatally shot by then-constable Zachary Rolfe in the community of Yuendumu in 2019. In handing down her findings into the 19-year-old's death, coroner Elisabeth Armitage said she found Mr Rolfe to be racist and the Northern Territory Police Force to have "the hallmarks of institutionalised racism". Mr Rolfe maintained in a statement issued by his lawyer on Tuesday that it "was never about race". Mr Walker's family welcomed the coroner's findings. "When we heard the coroner say there was structural and entrenched racism in the NT Police Force, we felt validated as a family," Mr Walker's cousin Samara Fernandez-Brown said in Yuendumu on Tuesday Ms Fernandez-Brown said she was grateful the coroner's findings were handed down in the community, 300km from Alice Springs, on Monday. But she said recommendations around police accountability in the NT were not strong enough. "We heard countless evidence about how the police have been racist, how they have been violent and how they have used too much force when it comes to our people," Ms Fernandez-Brown said. The coroner's findings were postponed after the death of another Warlpiri man, Kumanjayi White, who died in police custody in Alice Springs in May. Mr White's grandfather, senior Yuendumu Elder Ned Hargraves, said something must be done. "We've had enough of these police," he said. "They are doing the biggest damage to our community ... they have no shame whatsoever." NT Police Acting Commissioner Martin Dole said it was clear racism existed in the force. "It is a truth that we must face. What was tolerated in the past will no longer be acceptable," he said in Alice Springs. Mr Dole said a decision to leave Yuendumu shortly after the findings were handed down was made after discussions with Elders. His comments come after Mr Hargraves expressed his disappointment the commissioner left the community without speaking with him. "I apologise that he feels that way," Mr Dole said. "I did have consultations with several of the Elders and we thought it best that meeting take place in future days." Mr Hargraves said he would be strongly against the commissioner returning to Yuendumu. "I won't talk to him again ... I don't want to," he said. The force's cultural reform executive director Leanne Liddle said NT Police was working to rebuild trust through an anti-racism strategy. Ms Fernandez-Brown said while she would like to remain optimistic about structural change, she wouldn't "hold my breath" for that to come from within the NT police force. "Asking the Northern Territory police force to become safe is unsustainable and a band-aid solution," she said. "I'd like to see a structure that replaces that altogether." 13YARN 13 92 76 Lifeline 13 11 14