Episode Transcript
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Speaker 1 (00:01):
On nine November twenty nineteen, in Yundamu, Kumenji Walker, a
nineteen year old Walpur literature teenager, was shot and killed
by former Constable Zachary Rolf.
Speaker 2 (00:14):
Kumanji Walker's family gathered this week to hear coroner Elizabeth
Armitage share her findings into his death.
Speaker 1 (00:21):
Having considered all the evidence, including mister Rolf's explanations and justifications,
I found that mister Rolf was racist and that he
worked in and was the beneficiary of an organization with
hallmarks of institutional racism.
Speaker 2 (00:38):
In twenty twenty two, Rolf was found not guilty of
Kumanji Walker's murder, but his family have always maintained that
Rolfs racism played a role in Walker's death. Coroner Elizabeth
Armitich said she couldn't rule that out.
Speaker 1 (00:51):
That I cannot exclude that possibility. Is a tragedy for
kumin Jay's family and community who will always believe that
race played an integral part in his death, and it
is a taint that may stain the NT police.
Speaker 2 (01:11):
I'm Daniel James, and you're listening at seven am today
Investigative journalist Kate Wilde and what the inquest revealed about
the racist culture of the Northern Territory Police, how it
enabled Zachary Rolf to act with impunity, and whether institutional
change is possible. It's Wednesday, July ninth, Kate, this particular
(01:42):
in quest, can you tell me about its scope and
about the coroner's approach the questions that she was seeking
to answer.
Speaker 3 (01:49):
So, the coronial process is designed to determine the place
and cause of a person's death and the identity of
your person who's died at it's most basic, also designed
to figure out what has contributed to that death in
order to prevent similar deaths in the future. And that
was really the task that Elizabeth Armitage set herself, was
(02:11):
to look more deeply at this conflict between a young
Aboriginal man and a young white police officer in a
single house in a remote community in the Northern Territory.
What led them both to be in that house at
that moment, What were the forces, the cultural and attitudinal
forces driving each of them, and what made that a
fatal moment of contact. One of the things that has
(02:34):
been most impressive about this inquest is the way that
Elizabeth Armitage has run her courtroom. It's been one of
the most inclusive and informal processes that I've seen. For instance,
the Colonial opened with a Walbury interpreter sitting next to
Liby Armitage on the bench and interpreting everything that she said.
So from the beginning, Wolbury language and law and culture
(02:58):
were sort of placed the same level as the most
senior Western legal person in the room. And those singular
acts of sort of rebellion against the way that things
have always been and taking the risk of making a
change like that, that risk being taken by someone in
a position of power. I think maybe that's the kind
of thing that is going to bring the sorts of
(03:19):
change that we all want to see but don't necessarily
believe can come just from a single report.
Speaker 2 (03:26):
And so why has it taken so long for this
report to be handed down?
Speaker 3 (03:30):
So the coronials started in September twenty twenty two, about
six months after Rolf's trial finished, and he was acquitted.
Almost immediately, Zachary Rolf's legal team started making objections to
the kind of evidence that he should be made to give,
so having to give evidence about racism within the Northern
Territory Police Force. Rolph objected to giving evidence about his
(03:53):
use of force, history, about his record in the military,
about text messages that were found on his phone, and
about his disciplinary history in the Northern Churchill Police and
those legal appeals are far and away the biggest reason
for delays for it going from what should have been
a few months to almost three years.
Speaker 2 (04:14):
So let's go to what the coroner found. When Judge
Armaitich read out her reports, she said that having considered
all the evidence, including mister Rolf's explanations and justifications, that
she found that mister Rolf was racist.
Speaker 1 (04:27):
While it is not possible for me to say with
certainty that mister Rolf's racist attitudes were operative in his
decisions on nine November, or were a contributing cause of
Kumanjai's death, I cannot exclude that possibility.
Speaker 2 (04:42):
And so we want to say that racism may have
been a contributing cause of Kumanjai Walker's death in so
far as it may have influenced his actions that night.
That is something the Walker family have maintained to be
the case. How significant is a finding like that from
the coroner.
Speaker 3 (04:59):
I think it's signal. I don't think to anyone who
has been in the territory or following this inquest closely
that it would have been a surprise. It may have
been a surprise that the coroner stated it so clearly.
I think what was more of a surprise was that
Judge Armitage expanded the scope and the influence of racism
(05:21):
to the police force more generally as well, to say that, yes,
definitely Zachary rolf was racist, and his attitudes and his
beliefs would have influenced his approach to that night and
could have been a fact during commen Joe Walker's death,
but also that some of the responsibility for that lay
with the Northern Territory of Police Force, which was an
organization that showed the hallmarks of institutional racism, and that
(05:42):
because there were senior members within the police force who
were responsible for Zachary rolfan who were sort of colluding
with him in his behavior and encouraging him in it,
he was left immune to any kind of censure. He
was sort of encouraged to keep going. No one ever
told him that what he was doing was not okay.
Speaker 1 (06:01):
In disturbing evidence. On at least five occasions, mister Rolf
recorded on his phone body worn footage of his forceful
arrests of Aboriginal men. He replayed the body worn video
to colleagues and forwarded the phone footage to family and friends.
(06:22):
It is clear that a significant motivation for doing this
was because he was proud of, was boasting about and
wished to be celebrated for his physical feats of tactical
skill or ability. He thought that using force against arrest
targets and causing them serious injury was funny.
Speaker 2 (06:43):
And how do you think that the Northern Territory police
forces grappling with the need to reform itself.
Speaker 3 (06:47):
I think that's been one of the most interesting things
for me to watch over the sort of now almost
six years since Kimunjay Walker's death. It was really evident
during Zachary ROV's murder trial that there was a sort
of internal battle going on within the Northern Territory Police
Force for who would rule the culture, and it was
a battle between you know what have known up here
(07:08):
as bush cops and town cops. They're really loose terms,
but bush cops, you know, people who work out in
remote communities and are much more focused on community policing,
which is based on relationships and de escalation. They still
face some really dangerous situations, you know, often in really
isolated settings. But it's a much more humanistic approach, I
(07:28):
would guess you could say, whereas the loose term town cops,
which really in this instance sort of refers to Zachary
Rolf's style of policing of sort of cowboy Rambo where
the tough guys were dominating sort of culture. There's been
a battle between those two groups since Kimunji Walker's death
to see who will gain the uphand within the Northern
Territory Police Force, the coroner certainly in her findings has
(07:55):
supported the bush cop culture. The Northern Church of the
Police Force executive has come out and said that that
is definitely the kind of culture that they want to
promote and that they want to be known for as
a Northern Church of police officers. But they have a
real fight on their hands because that's not how all
frontline police officers want a police.
Speaker 2 (08:19):
After the break, the change come and die Walker's family
is calling for. Today is not a very.
Speaker 3 (08:34):
It's not a really a happy day for us. It's
another sad day.
Speaker 2 (08:40):
So Kate. When Zachary Rolf was ac quitted of Kamanjie
Walker's murder, his grandfather need Japan. Jin Hardgraves called for
a band and all guns in Aboriginal communities.
Speaker 1 (08:51):
No guns, no guns in a row remote community.
Speaker 2 (08:57):
W I want no guns.
Speaker 3 (09:00):
Enough is enough.
Speaker 2 (09:03):
There are several other calls that have come from the
Uindomu community. They want an independent police, armbudsman, self determination,
investment and alternatives to prison. What hope do you think
the family has now that this inquest has finished and
the report has been handed down, will it get them
closest to any of those outcomes?
Speaker 3 (09:22):
I mean, one of the strongest findings that the coroner
made was that the Northern Terati of Police should work
with the Undabout leadership to work out the circumstances in
which police don't carry guns in community.
Speaker 1 (09:33):
I've recommended that the anti police engaged directly with the
leadership groups to develop mutual respect agreements, including when it
would be appropriate for police not to carry firearms in community.
And I've made other recommendations concerning the use of long
arm weapons.
Speaker 3 (09:51):
So certainly they've been supported by the coroner in that
desire for sort of more self determination, no guns in
remote communities.
Speaker 1 (09:58):
I've made recommendations on recruit training and cultural inductions. Specifically,
I have recommended that the circumstances of Cooman Jay's death
be incorporated in training on officer induced jeopardy to NT
health in an effort to both prevent and address trauma
experience by young people like cumen Jay. I have recommended
(10:21):
a strengthening of its developmental screening programs for children under
five years to strengthen relationships and the cultural competency of clinics.
I have recommended that work be done with the local
health advisory groups and other community groups. And I have
recommended a strategy be developed for the delivery of sustainable
(10:41):
mental health services in Central Australia Australia, including a new DEMOU.
Speaker 3 (10:47):
But I guess the community is at the mercy of
powers greater than them, governments willingness to support change, to
fund change. I think there's a level of cynicism and
resignation that all of this paperwork and all of this
talking happens and then that's the end of it. So
I think a lot of people don't have a lot
(11:08):
of expectations, But I think there's reason to have hope
that at least a position like the Coroners is very
much in support of what the community has asked for.
I think there's an extra layer of grief at the
moment because there's been another death in custody of a
young wildpri man quite recently, and that sort of on
its own has opened up a lot of old wounds.
(11:30):
But sitting listening to the coroner reader some of her
recommendations and findings yesterday, in which she also went back
through quite a few of the details of Kumanchized actual death,
I think those wounds were really reopened again in a
very visceral sort of way to.
Speaker 1 (11:47):
Kuman Jay's family and to the community of Yundmu. I
am sorry for your profound loss. I now hand down
my findings. There was no reaction from people when the
coroner finished speaking at the end of about forty five
minutes of a presentation, and people just sort of melted
away reasonably quickly, and the space was left kind of
(12:10):
kind of empty.
Speaker 2 (12:12):
It's been almost thirty years since the Royal Commission into
Aboriginal Deaths incusody, and we've known so much about these
issues for decades. Kate and governments have really set on
recommendations to fix this. But it's been a long long
time and it keeps happening. So do you believe that
there will be a case or a report that finally
makes governments act.
Speaker 3 (12:33):
No, I don't. I don't think reports. I mean I
think they're worthwhile. I think what the coroner has produced
is a slab of history and a story that bears
witness to one of the latest chapters in the Northern
Territory's history of relationships between First Nations people and the police.
But you know, there are supermarket trolleys full of reports
(12:55):
all over the country into things like this, and none
of them have managed to make the change that are necessary.
I don't know what will make that change other than
continued pressure from the broader community on the political system.
It feels like a really lay answer, But I don't
(13:16):
know that anyone has the answer to what will make
the change happen, otherwise we'd be doing it.
Speaker 2 (13:21):
And in terms of that idea of the community placing
pressure on government tact, what told does that take on
a family to have to do that over years and years.
Speaker 3 (13:31):
Enormous It's an enormous toll. But that's a toll that
First Nations people around the country. And I would say,
in my experience, particularly in remote communities carry every day.
The lives of people in U and Demu are political
every single day, and so they are constantly carrying that
(13:51):
weight that their lives are controlled hemmed in by laws
and regulations and decisions that they don't have any part
in and they don't have any power over. And so
fighting against that is a part of daily life for
people in remote communities and it takes an enormous toll.
Speaker 2 (14:14):
Kate, thank you for talking to me today.
Speaker 3 (14:16):
It's a pleasure.
Speaker 2 (14:18):
Kate Wilde's book about the life and death of common
Joe Walker is called The Red House. It will be
out soon. Also in the news, the Reserve Bank has
to fight expectations of a rate cut, instead holding the
(14:39):
cash trade at three point eight five percent. According to
a post meeting statement from the RBA Board, the decision
was made by majority, with six in favor and three
against the decision. The bank had been widely tipped to
cartingteri'st rates following a slowing of inflation. The board will
meet again in August, and Alan Jones's lawyer has told
(15:00):
to Sydney Court that he holds grave concerns about the
legality of a surge police conducted on the broadcaster's phone.
Alan Jones has been charged with thirty five sexual offenses
involving the indecent assault, groping and inappropriate touching of several
young men. He has denied the allegations. Jones is on
bail and was not required to appear in court, but
(15:20):
his lawyer, Brian Ranch said they have lodged a legal
complaint over the phone search. I'm Daniel James. This is
seven AM Tomorrow. Ruby sits down with Antoinette Latouffe to
talk about her win against the ABC and what it
says about how decisions are made at the public broadcaster.
Speaker 4 (15:38):
I think audiences are rightly skeptical and if the ABC
wants to remain relevant and trusted as the most trusted
news source in the world, it needs to show that
it can withstand lobbying of any form.
Speaker 2 (15:49):
Thanks for listening. Yes,