Deceased
Kumanjayi Walker
Demographics
19y, male
Date of death
2019-11-09
Finding date
2023-11-22
Cause of death
Gunshot wounds inflicted by Constable Zachary Rolfe during police operation in Yuendumu
AI-generated summary
Kumanjayi Walker, a 19-year-old Aboriginal man, died in police custody on 9 November 2019 in Yuendumu, Northern Territory, after being shot three times by Constable Zachary Rolfe during an arrest attempt. Rolfe was charged with murder but acquitted in March 2022. This coronial finding addresses whether the coroner should recuse herself after Constable Rolfe applied alleging apprehended bias based on three matters: the Yuendumu visit where community members expressed views about justice, the amendment to a non-publication order affecting Professional Standards Command access to evidence, and correspondence asserting legal professional privilege between the coroner and Counsel Assisting. The coroner rejected all grounds for recusal. She found that participating in cultural ceremonies, listening to grieving community members, and administrative orders regarding evidence disclosure do not demonstrate bias, and that private communications between a coroner and counsel assisting are permissible and necessary for proper coronial investigation.
AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.
CITATION: Inquest into the death of Kumanjayi Walker (Ruling No 8)
[2023] NTLC 025 TITLE OF COURT: Coroners Court JURISDICTION: Alice Springs FILE NO(s): A51 of 2019 DELIVERED ON: 22 November 2023 DELIVERED AT: Darwin HEARING DATE(s): On the papers FINDING OF: Judge Elisabeth Armitage CATCHWORDS: Coronial proceedings; inquests; death in custody; application for recusal Care and Protection of Children Act 2007 (NT), s301 Coroners Act 1993 (NT) ss 3, 4(2), 14(2), 12(1), 15(1)(a) and (b), 19, 20, 21, 24, 25(1), 26, 34, 35, 36, 40(3), 41(2), 43(1) Police Administration Act 1958 (NT), s4(1), Part IV Police Administration Regulations 1994 (NT), r 18 Annetts v McCann (1990) 170 CLR 596 Bauwens v The Territory Coroner [2022] NTSC 92 Charisteas v Charisteas (2021) 273 CLR 289 Dato Tan Leong Min v Insider Trading Tribunal [1999] 2 HKC 83 Decker v State Coroner of New South Wales (1999) 46 NSWLR 415 Domaszewicz v State Coroner (2004) 11 VR 237 Doomadgee v Clements [2006] 2 Qd R 352 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Firman v Lasry [2000] VSC 240 Holmes v Commissioner of Police [2011] NTSC 108 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 Inquest into the death of Kumanjayi Walker (Ruling No 2) [2022] NTLC 017 Inquest into the death of Kumanjayi Walker (Ruling No 3) [2022] NTLC 019 Inquest into the death of Kumanjayi Walker (Ruling No 5) [2022] NTLC 024 Inquest into the death of Kumanjayi Walker (Ruling No 6) 2022 NTLC 027 Inquest into the death of Tanya Day Coroners Court Victoria, COR 2017 6424 Inquest into the death of Veronica Nelson (COR 2020 0021) [2023] VicCorC 28312 Johnson v Johnson (2000) 201 CLR 488 Kontis v Coroners Court of Victoria [2022] VSC 422 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Maksimovich v Walsh (1985) 4 NSWLR 318
Maules Creek Coal Pty Ltd v Environment Protection Authority [2023] NSWCCA 275 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427 Musumeci v. Attorney-General of New South Wales (2003) 57 NSWLR 193 Priest v West [2012] VSCA 327 QYFM v Minister for Immigration (2023) 97 ALJR 419 R v Doogan; Ex parte Lucas Smith (2005) 1 ACTR 1 R (Clarke) v Chairman of the Magnox Public Inquiry [2019] EWHC 3596 Re JRL; Ex Parte CJL (1986) 161 CLR 342 Re Royal Commission on Thomas’s Case [1982] 1 NZLR 252 Rolfe v The Territory Coroner [2023] NTCA 8 Smits v Roach (2006) 227 CLR 423 Stollery v Greyhound Racing Control Board (1972) 128 CLR 509 Vakauta v Kelly (1989) 167 CLR 568 Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (Lawbook Co, 2022, 7th Ed) Coroners Court of New South Wales, State Coroner’s protocol; supplementary arrangements applicable to section 23 deaths involving First Nations Peoples Coroners Court of Victoria, Practice Direction 6 of 2020; Indigenous Deaths in Custody Coronial Council of Victoria, Review into the experience of bereaved families with the coronial process (Final report, March 2022) Coronial Council of Victoria, Literature review into improving the experience of bereaved families within the coronial process, August 2021 Dudgeon,P., McKenna, V., Smith, D., Ketchell, M., Tabuai K., Tabuai A., Manada, A., Robotham, J. (2023) Coronial responses to Suicides of Aboriginal and Torres Strait Islander People, Research Report The Hon Justice Peter Hall, The role of counsel assisting in commissions of inquiry (2005) Bar News 29 Judicial College of Victoria, Coroners Bench Book - Working with counsel assisting Judicial Commission of New South Wales, Local Court Bench Book – Coronial Matters Newhouse, G., Ghezelbash, D., & Whittaker, A (2020), The experience of Aboriginal and Torres Strait Islander participants in Australia's coronial inquest system: reflections from the front line, International Journal for Crime Justice and Social Democracy, 9(4), 76-89 Northern Territory, Parliamentary Debates, Legislative Assembly, 3 March 1993, 78977899 (Mr Stone, Attorney-General) Royal Commission into Aboriginal Deaths in Custody (Final Report, 15 April 1991), Vol 5, Recommendations 11, 27, 28, 30
APPEARANCES: Counsel assisting: Ms G Huxley Instructed by Maria Walz Legal For Zachary Rolfe: Mr L Officer Instructed by Tindall Gask Bentley Lawyers For the Brown Family: Mr G Mullins KC with Ms P Morreau Instructed by Streeton Lawyers For the Walker, Lane and Mr A Boe, Mr D Fuller and Ms G Boe Robertson families: Instructed by Hearn Legal For the Northern Territory Dr I Freckelton AO KC with Ms A Burnnard Police Force: Instructed by PFES Legal For NAAJA: Mr P Boulten SC with Ms B Wild and Mr J Murphy Instructed by NAAJA For the Parumpurru Committee: Mr J McMahon SC and Mr C O’Bryan Instructed by Doogue & George For the Northern Territory Police Ms S Ozolins Association: Instructed by Northern Territory Police Association For Sergeant Bauwens: Ms KN McNally Instructed by McNally & Co For Sergeant Nankivell and Constable Mr J Hunter KC Kirstenfeldt: Instructed by Gnech & Associates Judgment category classification: A Judgment ID number: [2023] NTLC 025 Number of paragraphs: 170 Number of pages: 59
IN THE CORONERS COURT AT ALICE SPRINGS IN THE NORTHERN TERRITORY OF AUSTRALIA No. A51 of 2019 In the matter of an inquest into the death of Kumanjayi Walker Introduction
Kumanjayi Walker was taken to the local police station where he passed away.
Constable Rolfe was charged with murder. On 11 March 2022 he was acquitted of murder and two alternative charges of manslaughter and engaging in a violent act causing death. The inquest is inquiring into the circumstances of Kumanjayi Walker’s death.
Background to the application
2 Draft Coronial Memoranda of Superintendent Pollock dated between November 2020 and January 2021 (Brief IDs 1-2, 1-3, 1-4, 1-5, 1-6).
2022 through to 25 November 2022. As at 6 September 2022, 80 witnesses were identified on a draft witness list circulated to the interested parties.
That team is larger than those usually appointed for regular inquests in the Northern Territory, but is modest when compared to similarly large inquests interstate,4 and other inquiries of this scale. For the listed sittings of 23-27 October 2023 (since vacated) Ms Georgia Huxley was appointed as Counsel Assisting.
Since the first directions hearing on 29 March 2022, at least 19 persons or entities have been granted leave to appear or be represented at the inquest under s 40(3) of the Coroners Act 1993 (NT) (Act). Some of those persons or entities have sought to be represented only for the purposes of giving evidence to the inquest. Many others have been regular attendees. Those granted leave to appear include the Brown family, the Walker, Lane and Robertson families (WLR families), Constable Zachary Rolfe, the Northern Territory Police Force (NTPF), the Department of Health, the Parumpurru Committee of Yuendumu (Parumpurru Committee), the North Australian Aboriginal Justice Agency (NAAJA), the Northern Territory Police Association (Association), Territory Families, Housing and Communities, Constable James Kirstenfeldt, Sergeant Paul Kirkby, Sergeant Lee Bauwens, Sergeant Paul Kirkby, Superintendent Scott Pollock, Constable First Class Anthony Hawkings and Constable First Class Anthony Eberl.
An electronic brief of evidence with a current index of items totalling 56 pages has been tendered in the proceedings. A copy of the current index is Annexure A to these reasons. Many of the brief items have sub-folders, containing multiple files.
It has been estimated that the brief runs to possibly over a hundred-thousand pages.5 3 Coroners Act 1993 (NT), s 41(2)(b).
4 See eg, Finding into death with inquest of Veronica Nelson (COR 2020 0021) [2023] VicCorC 28312.
5 Transcript of Proceedings on 13 September 2023, 368; Transcript of Proceedings on 21 November 2023, 3517.
Objections to the ‘receipt’ of evidence have been heard and ruled on as they arise, whether orally or in writing. Transcript of the oral hearings presently stands at close to 5000 pages.
(a) police risk assessments and briefing processes;
(b) the ‘decoy plan’, initial decision to evacuate, and failure by police to tell community members of Kumanjayi Walker’s death in a timely manner;
(c) the updating of various NTPF General Orders and policies, and the new police handbook;
(d) the various use of force options including the use of police dogs, and the use of firearms by police generally and in remote communities;
(e) the alleged militarisation of policing in the Northern Territory;
(f) the establishment of CREC, the Aboriginal Liaison Officer (ALO) program, the mentoring program and mutual respect agreements;
(g) the role of Aboriginal Community Police Officers (ACPO) and ALOs.
(h) the training of NTPF members including in relation to use of force and matters such as unconscious bias, mental health first aid and cross-cultural training;
(i) the prevalence (or lack thereof) of racist attitudes within the NTPF;
(j) efforts by the NTPF to improve leadership and culture;
(k) the challenges of policing in a remote community, including fatigue;
(l) the challenges of running a health service in a remote community; 6 Submissions of the NTPF dated 13 October 2023, [18].
(m) evidence from Territory Families;
(n) the challenges of running concurrent criminal and coronial investigations;
(o) the availability of support services and housing standards in Yuendumu, and the importance of such services for diverting young people, like Kumanjayi Walker, from crime;
(p) police recruitment processes; and,
(q) although it might be taken to be subsumed by item (j) of the NTPF list, the adequacy of processes for police discipline.
As I said in Ruling No 3,7 the inquest’s examination of these ‘issues’ is not at large, and the ‘issues’ arise only insofar as they may bear upon my ‘ultimate powers and duties to make findings, comments or recommendations at the conclusion of the inquest under ss 26, 34 and 35 of the Act’ in relation to this death. Where I have ‘received’ evidence on a particular issue over objection, I have explained why I consider there to be a potential nexus between the evidence and the subject matters of ss 26, 34 and 35 of the Act.8
Part way through the sittings the Court visited Yuendumu on 14 and 15 November 2022 (the Yuendumu Visit). The sittings were extended to 30 November 2022 and by that date 54 witnesses had given evidence. The inquest was adjourned part-heard and resumed on 27 February 2023 through to 10 March 2023. During those sittings a further 16 witnesses gave evidence, bringing the total to 70. The inquest was again adjourned part-heard.
Since February 2023, only two witnesses remain to give evidence, Mr Rolfe9 and Sergeant Bauwens. Although both witnesses had been scheduled to give evidence 7 Inquest into the death of Kumanjayi Walker (Ruling No 3) [2022] NTLC 019, [21]-[30]; see also Inquest into the death of Kumanjayi Walker (Ruling No 2) [2022] NTLC 017, [9].
8 See eg Ruling No 2 [2022] NTLC 017, [34]-[38] (evidence of text messages) and [49]- [54] (evidence of Claudia Campagnaro); Ruling No 3 [2022] NTLC 019, [40]-[48] (dishonesty and recruitment), [49]-[71] (discriminatory attitudes), [72]-[77] (use of force and disciplinary history), [78]-[82] (drug use and procedures for drug and alcohol testing), [83]-[88] (possibly contamination of evidence of death).
9 Hereafter referred to as Mr Rolfe as he is no longer a member of the Northern Territory Police Force.
in the 2022 sittings, they objected to giving evidence shortly before they were due to be called on the basis that their answers might tend to expose them to a civil or disciplinary penalty (ie, penalty privilege). I dismissed the objections on 25 October 2022.10 An application for judicial review was commenced and heard by Justice Kelly on 23 and 24 November 2022. On 12 December 2022 her Honour dismissed the applications.11 On 5 January 2023 Mr Rolfe filed a Notice of Appeal against Justice Kelly’s decision, with the practical result that he was not able to be called during the February 2023 sittings. The Court of Appeal heard the appeal on 11 April
The Court of Appeal unanimously dismissed the appeal on 28 June 2023,12 and issued a clarification of its decision on 1 August 2023.13 Mr Rolfe did not seek special leave to appeal to the High Court.
Allowing for the completion of the appeal process, the expiration of time to lodge an application for special leave to appeal, the availability of a court, and the timetabling of other inquests, the inquest was listed to resume on 23 October 2023 for the two final witnesses to give evidence. As it was desirable to avoid any further delays that might be caused by legal argument, on 21 September 2023 the interested parties were advised that if any interested party wished to make any further applications they were to be filed with supporting submissions by 6 October 2023 and any submissions in response were to be filed by 13 October 2023. It had been hoped that if any applications were forthcoming, a decision could be delivered without disrupting the allocated sitting week.
On 6 October 2023 Mr Rolfe filed an application for recusal, discussed below.
Regrettably, and in light of late stage at which the application was made, that was beyond my capacity and the sitting week of 23 October 2023 was vacated. Pending 10 Inquest into the death of Kumanjayi Walker (Ruling No 5) [2022] NTLC 024. Strictly speaking, Ruling No 5 concerned an objection by Sergeant Kirkby. However, as I noted at [6] of Ruling No 5, during the course of argument on Sergeant Kirkby’s objection, counsel for Mr Rolfe and Sergeant Bauwens supported Sergeant Kirkby’s objection and flagged that similar objections were likely to be taken by their clients. It was this ruling that was the subject of review in the Supreme Court and Court of Appeal.
11 Bauwens v The Territory Coroner [2022] NTSC 92.
12 Rolfe v The Territory Coroner [2023] NTCA 8.
13 Rolfe v The Territory Coroner [2023] NTCA 8.
the outcome of this and any further applications, the inquest is presently listed to resume on 26 February 2024 for one week.
The Production Application
In respect of some of the remaining documents, which included correspondence between myself and Counsel Assisting, by email dated 29 August 2023 Ms Walz stated that, …
(d) while there is no apparent forensic relevance to your request for correspondence between the Coroner and Counsel Assisting, that correspondence is subject to legal professional privilege in any event. (emphasis added) The application for recusal
(a) The conduct of the Yuendumu Visit on 14 and 15 November 2022 and things said by Counsel Assisting and community members during the visit;
(b) The amendment of a non-publication order on 23 March 2023 (23 March NPO Amendment); and,
(c) The relationship between Counsel Assisting and the Coroner, in particular, the assertion of a client/legal advisor relationship in correspondence dated 29 August 2023.
Sergeant Bauwens, Sergeant Nankivell and Constable Kirstenfeldt join Mr Rolfe’s application for recusal, and essentially or explicitly adopt his submissions.14 In these reasons where I refer to Mr Rolfe’s submissions this should, unless stated otherwise, generally be taken to be a reference to the submissions of all of the applicant police officers. To the extent that the officers who have joined the application have raised some limited further arguments, I have done my best to identify and address them.
The WLR families, the Brown family, NAAJA, the Parumpurru Committee, and the NTPF filed submissions opposing the application for recusal.
Counsel Assisting filed submissions on ‘the law and relevant considerations that are raised by Mr Rolfe’s application’. The NTPA submitted ‘that the various concerns raised by Mr Rolfe warrant careful examination and consideration’.
Neither the NTPA nor Counsel Assisting submitted in favour of a particular outcome.
Mr Rolfe filed additional submissions on 13 October 2023 concerning the order in which his two applications should be determined. He seeks to have the recusal application determined before a determination on the application for the documents and Sergeant Bauwens joins in this submission. This creates some logical difficulties because the two matters are closely connected, as is demonstrated by Mr Rolfe’s own submissions on the recusal application.15 However, as Mr Rolfe and Sergeant Bauwens have asked me not to rule on the application for production, I will not do so.
Having carefully considered Mr Rolfe’s application for recusal, for the reasons that follow, I am not persuaded that a fair-minded lay observer might reasonably apprehend that I might not bring an impartial mind to the resolution of the issues arising under the Act. Accordingly, I decline to recuse myself from proceeding with the inquest.
14 Submissions of Sergeant Nankivell and Constable Kirstenfeldt dated 12 October 2023, [1]. Sergeant Bauwens advised the Court, by emails from Ms McNally dated 12 and 17 October 2023, that he ‘adopts the submissions’ in chief and reply of Mr Rolfe.
15 See, in particular, Submissions of Mr Rolfe dated 6 October 2023, [105]-[114].
Submissions regarding the timing of Mr Rolfe’s application
More than one interested party was critical of Mr Rolfe for bringing his application shortly before the recommencement of the inquest when it had the potential to result in the sittings being vacated.16 These interested parties submitted that the delay was objectionable because most of Mr Rolfe’s complaints concerned matters that had occurred months before the application was made.
For example, noting the particulars of Mr Rolfe’s application, the NTPF identified that the application had been brought:
(a) 325 days, or over 10 months, after the Yuendumu Visit;
(b) 185 days, or six months, after Mr Rolfe was dismissed from the NTPF;
(c) 161 days, or over five months, after the Directions Hearing at which the position regarding the 23 March 2023 NPO Amendment was clarified; and,
(d) 100 days, or over three months, after the Court of Appeal dismissed Mr Rolfe’s appeal which had the effect of requiring him to give evidence.17
17 Submissions of the NTPF dated 13 October 2023, [8].
18 Submissions of the NTPF dated 13 October 2023, [4].
In addition, the Brown family, represented by Mr Mullins KC and Ms Morreau, submitted that the principles of waiver19 meant that, …the unreasonable delay in bringing the objection since November 2022 operates to prevent Mr Rolfe from doing so now. The significant personal and institutional cost that would be incurred should the Coroner accede to the application inclines strongly against such a course.
Similarly, the WLR families submitted that it was ‘difficult to see [the application] as anything other than strategic’, although, ultimately, their position appears to have been that the application should simply be dismissed on its merits.20
Mr Rolfe submitted in reply that the criticisms were ‘unjustified’, that his application was ‘premised upon a cumulative sequence of events concerning the conduct of this inquest’ including Ms Walz’s statement made 29 August 2023 regarding legal professional privilege.21 If that were correct it would appear to amount to a concession by Mr Rolfe that the ‘concerns’ arising from the Yuendumu Visit and the 23 March 2023 NPO Amendment would not, without more, give rise to a reasonable apprehension of bias.
I also have some doubt about Mr Rolfe’s suggestion that he could not bring this application until ‘late August’22 at the earliest. Mr Rolfe’s original submissions stated that the ‘concerns arising from interactions during the Yuendumu visit’ when coupled with the 23 March 2023 NPO Amendment gave rise to the ‘concern that the impartiality of the inquest is compromised (viewed from the perspective of a fair-minded lay observer).’23 Those concerns were not expressed as being dependent on the statement about LPP in Ms Walz’s 29 August 2023 email, as they now seem to be. In response, the WLR families submitted that, ‘presumably because of the spectre of waiver,’ Mr Rolfe’s reply submissions ‘place much greater emphasis on 19 See, Submissions of the Brown family dated 13 October 2023, [19], citing Michael Wilson & Partners v Nicholls (2011) 244 CLR 427, [84].
20 Submissions of the WLR families dated 13 October 2023, [13], [38]-[39].
21 Reply Submissions of Mr Rolfe dated 17 October 2023, [13]; see also, [14].
22 Reply Submissions of Mr Rolfe dated 17 October 2023, [13].
23 Submissions of Mr Rolfe dated 6 October 2023, [6].
the LPP [legal professional privilege] issue than appeared in [the] earlier submissions.’24
This is not the first time another interested party has criticised Mr Rolfe for the ‘lamentably and inexplicably’ late stage at which he has brought key applications.25 Although I have determined each of these applications on their merits, I have previously made comments about the ‘regrettable timing’ of Mr Rolfe’s applications and observed that, as a matter of fact, their ‘lateness … has disrupted the efficient progress of this lengthy and complex inquest.’26
Ultimately, for the reasons that follow, I am persuaded that I do not need to and, therefore, should not determine whether Mr Rolfe’s delay in bringing this application is unjustified or whether the principles of waiver are engaged.
Accordingly, I will put these submissions from my mind.
Legal Principles The test for recusal on the ground of apprehended bias
There was substantial agreement between the parties as to the relevant principles, as well as their application to coronial proceedings.27
In QYFM v Minister for Immigration,28 the High Court considered the principles to be applied when determining an application for recusal on the ground of apprehended bias. Chief Justice Kiefel and Gageler J said:29 The criterion for the determination of an apprehension of bias on the part of a judge was definitively stated in Ebner [v Official Trustee in Bankruptcy]30 by reference to previous authority and has often been repeated [citations omitted].
24 Supplementary Submissions of the WLR families dated 20 October 2023, [10].
25 See eg, Submissions of NAAJA dated 11 September 2023 (on Mr Rolfe’s objections to ‘issues’ and evidence), [3]; Submissions of the WLR families dated 7 September 2023 (on scope of ‘issues’), [2]; Submissions of NAAJA dated 28 September 2023 (on Mr Rolfe’s further evidentiary objections), [3]-[13].
26 See, Inquest into the death of Kumanjayi Walker (Ruling No 2) [2022] NTLC 017, [6]-[7]; Inquest into the death of Kumanjayi Walker (Ruling No 3) [2022] NTLC 019, [7]-[9].
27 As to which, see R v Doogan; Ex parte Lucas Smith (2005) 1 ACTR 1 at [10].
The criterion is whether “a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide. The “double might” serves to emphasise that the criterion is concerned with “possibility” (real and not remote), not probability.
(a) identification of the factor which is said might lead a judge to resolve the question other than on its legal and factual merits;
(b) articulation of the logical connection between that factor and the apprehended deviation from deciding that question on its merits; and
(c) assessment of the reasonableness of that apprehension from the perspective of a fair-minded lay observer.
The first step requires the identification of some incompatibility, association, conduct or interest. The second step requires an explanation of ‘how the existence of the incompatibility, association, conduct or interest (or other identified matter) might be thought by the fair-minded lay observer possibly to divert the judge from deciding the case on its merits’.32 The third step must be undertaken after that logical connection has been articulated.33
The test is objective, in the sense that it requires a reasonable apprehension that the judicial officer may not decide the case impartially. Moreover, it is not sufficient that the judicial officer is expected to decide the matter in a manner adversely to a party. As Mason J said in Re JRL; Ex Parte CJL:34 It needs to be said loudly and clearly that the ground of disqualification is a reasonable apprehension that the judicial officer will not decide the case impartially or without prejudice, rather than he will decide the case adversely to one party. There may be many situations in which previous decisions of a judicial officer on issues of fact and law may generate an expectation that he is likely to decide issues in a particular case adversely to one of the parties.
But this does not mean either that he will approach the issues in that case otherwise than with an impartial and unprejudiced mind in the sense in which 31 QYFM (2023) 97 ALJR 419, [38] (Kiefel CJ and Gageler J).
32 QYFM (2023) 97 ALJR 419, [81] (Gordon J).
33 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [8].
that expression is used in the authorities or that his previous decisions provide an acceptable basis for inferring that there is a reasonable apprehension that he will approach the issues in this way. In cases of this kind, disqualification is only made out by showing that there is a reasonable apprehension of bias by reason of prejudgment and this must be “firmly established”.
The test is ‘founded on the need for public confidence in the judiciary.’35 Accordingly, a judicial officer should not automatically stand aside when requested to do so as this would amount to an abdication of the judicial function and encouragement of procedural abuse.36 As Gleeson CJ, McHugh, Gummow and Hayne JJ said in Ebner:37 Judges have a duty to exercise their judicial functions when their jurisdiction is regularly invoked and they are assigned to cases in accordance with the practice which prevails in the court to which they belong. They do not select the cases they will hear, and they are not at liberty to decline to hear cases without good cause. Judges do not choose their cases; and litigants do not choose their judges. If one party to a case objects to a particular judge sitting, or continuing to sit, then that objection should not prevail unless it is based upon a substantial ground for contending that the judge is disqualified from hearing and deciding the case.
Nevertheless, the authorities recognise that a judge who is not persuaded that they are disqualified from continuing to hear a case may decide that it is prudent that they not continue to sit.38 The rationale for this practice appears to be that, in ‘a case of real doubt’, a decision not to sit could ‘avoid the inconvenience that could result if an appellate court were to take a different view on the matter of disqualification.’39 In such a case, in determining whether to decline to sit a judicial officer may properly have regard to factors including ‘the stage at which the objection is raised, the practical possibility of arranging for another judicial officer to hear the case, and the public … role of the court before which the proceedings are being conducted.’40 Given the advanced stage of this coronial investigation, I do not understand any party is submitting that I should cease to investigate the 35 Johnson v Johnson (2000) 201 CLR 488, [12].
36 Livesey v New South Wales Bar Association (1983) 151 CLR 288, 294; Re JRL, Ex Parte
37 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [19].
38 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [20].
39 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [20].
40 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [21].
death of Kumanjayi Walker if I am not disqualified from doing so. In any event, I am not satisfied that this is a case ‘of real doubt’.
In addition, the High Court noted in Ebner that as ‘a matter of prudence and professional practice, judges should disclose interests and associations if there is a serious possibility that they are potentially disqualifying.’41 While this ‘does not depend simply on whether the judge considers that the matter would not be disqualifying’, the test of ‘“serious possibility” involves some degree of judgment being brought to bear, on which different people may reasonably take different views.’42
Finally, the rule against bias is subject to the exception of waiver,43 which applies ‘with particular force to a party represented by counsel.’44 In Michael Wilson & Partners Ltd v Nicholls,45 the High Court said that a party or lawyer who ‘knows of the circumstances’ that can support a bias claim ‘but acquiesces by not taking objection … will likely be held’ to have waived their right to object.46 Similarly, in Smits v Roach,47 Kirby J accepted as settled law that:48 where a litigant, aware of circumstances providing a ground for objection on the basis of disqualification, fails to object promptly, that litigant will be taken to have waived the objection and cannot later rely on it.
Having noted those authorities, I reiterate that it is unnecessary for me to consider whether the principles of waiver are engaged in this case.
41 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337, [69].
42 Maules Creek Coal Pty Ltd v Environment Protection Authority [2023] NSWCCA 275, [113].
43 Smits v Roach (2006) 227 CLR 423, [43] (Gleeson CJ, Heydon and Crennan JJ).
44 Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (Lawbook Co, 2022, 7th Ed), 699 [10.370], citing Vakauta v Kelly (1989) 167 CLR 568, 572 (Brennan, Deane and Gaudron JJ); Smits v Roach (2006) 227 CLR 423, [43]-[49] (Gleeson CJ, Heydon and Crennan JJ).
46 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427, [76] (Gummow ACJ, Hayne, Crennan and Bell JJ).
The qualities of a fair-minded lay observer
(a) neither complacent nor unduly sensitive or suspicious;
(b) cognisant of human frailty and aware of the reality that the judge is human;
(c) understands that information (and attitudes) consciously and conscientiously discarded might still sometimes have a subconscious effect on even the most professional decision-maker;
(d) nevertheless taken to understand that the judge, by reason of professional training and experience and fidelity to the judicial oath or affirmation will have a greater capacity than most to discard irrelevant, immaterial or prejudicial material and to discharge the judicial function uninfluenced by professional relationships;
(e) not assumed to have a detailed knowledge of the law or of the character or ability of a particular judge;
(f) not so abstracted and dispassionate as to be insensitive to the impression that the circumstances in issue might reasonably create in the mind of the actual party who is asserting the apprehension of bias;51 and,
(g) aware of the identity of the party asserting bias and the nature and significance of the decision for that party. Hence, an applicant in proceedings seeking the review of a decision to cancel the applicant’s visa ‘might understandably 49 QYFM (2023) 97 ALJR 41, [45] quoting from Charisteas v Charisteas (2021) 273 CLR 289, [21].
50 QYFM (2023) 97 ALJR 41, [49] (Kiefel CJ and Gageler J).
51 QYFM (2023) 97 ALJR 41, [47]-[49] (Kiefel CJ and Gageler J).
experience a justifiable sense of disquiet in seeing his former prosecutor turn up as one of his judges.’
The bystander must also now be taken to have, at least in a very general way, some knowledge of the fact that an adjudicator may properly adopt reasonable efforts to confine proceedings within appropriate limits and to ensure that time is not wasted. The fictitious bystander will also be aware of the strong professional pressures on adjudicators (reinforced by the facilities of appeal and review) to uphold traditions of integrity and impartiality. Acting reasonably, the fictitious bystander would not reach a hasty conclusion based on the appearance evoked by an isolated episode of temper or remarks to the parties or their representatives, which was taken out of context. Finally, a reasonable member of the public is neither complacent nor unduly sensitive or suspicious.
Finally, a fair-minded lay observer is taken to be aware of “the nature of the decision and the context in which it was made54 as well as to have knowledge of the circumstances leading to the decision.55” The nature of coronial proceedings
In light of that final point, it is necessary to say something about the jurisdiction exercised by a Coroner under the Act, and the relationship between a Coroner, her Counsel Assisting and such ‘interested parties’ as are granted leave to appear or be represented under s 40(3) of the Act.
52 Johnson v Johnson (2000) 201 CLR 488, [12]-[14].
53 Johnson v Johnson (2000) 201 CLR 488, [53].
54 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 at 459 [68].
55 Stollery v Greyhound Racing Control Board (1972) 128 CLR 509 at 519.
These proceedings arise from a death in custody and the Act requires the Coroner to investigate the death56 and hold an inquest.57 The inquest forms a part of the investigation.58 The Coroner bears the sole responsibility for assessing evidence, making findings, and reporting on mandatory and discretionary matters.59 The inquest must be conducted in accordance with the principles of natural justice.60
Although a Coroner’s Court shares some features with other ‘courts’,61 and its functions involve the administration of justice,62 an inquest is ‘of an investigative nature, quite unlike that which a court undertakes in the ordinary course of things.’63 Significantly, a Coroner does ‘not adjudicate upon proceedings inter partes’ and any ‘findings which they make do not determine legal rights.’64
In addition, and unlike a judge, the Coroner’s inquisitorial and investigative functions commence long before the matter reaches the inquest hearing. These functions are supported by broad investigative powers including those of entry, search and seizure,65 the giving of directions for autopsies and exhumation,66 the giving of ‘directions to police officers for the purpose of investigating the death’,67 and directions requiring the giving of information.68 Although the inquest must generally be held in public,69 there is no similar requirement70 concerning the 56 Act, s 14(2), noting s 12(1) and sub-(a)(iv) and (vii) of the definition of ‘reportable death’.
57 Act, s 15(1)(a) and (b).
58 Act s 3, definition of ‘investigation’.
59 See Priest v West [2012] VSCA 327, [3] (Maxwell P and Harper JA), [167]-[172] (Tate
60 Act, s 40(3).
61 Decker v State Coroner of New South Wales (1999) 46 NSWLR 415, [6], [15].
62 Musumeci v. Attorney-General of New South Wales (2003) 57 NSWLR 193, 199 (Ipp JA).
63 Domaszewicz v State Coroner (2004) 11 VR 237, [37]. See also, Decker v State Coroner of New South Wales (1999) 46 NSWLR 415, [6].
64 Ibid.
65 Act, s 19.
66 Act, ss 20, 21 and 24.
67 Act, s 25(1).
68 Act, s 36.
69 Coroners Act s 43(1).
70 Or at least no express requirement.
broader investigative powers. Nothing in the Act suggests that those broader investigative powers cease when the inquest starts.
[54] Similarly, in Mirror Newspapers Ltd v Waller, Hunt J observed: The other section of the Coroners Act to which I referred was s33, which provides that the coroner is not bound to observe the rules of procedure and evidence applicable to proceedings before a court of law. The need for such a departure from the rules of procedure is obvious, because an inquest or an inquiry does not have parties, and there are no pleadings, charges or indictments which define the issue to be tried. Although usually there are legal representatives for the interested parties, the coroner must consider the interests not only of those parties but also of other persons as well. It is often left to the coroner himself to maintain a vigilant eye upon the relevance of evidence, and objections to the evidence are not always readily apparent. The absence of defined issues is of paramount importance in relation to this question. Their absence necessarily requires the adoption of different procedures to those applicable to proceedings before the ordinary courts of law.
72 Rolfe v The Territory Coroner [2023] NTCA 8, [53]-[54].
73 Maksimovich v Walsh (1985) 4 NSWLR 318, 335-6 (Samuels JA)
investigation (which includes the inquest),74 the Coroner may receive a wide range of information, including information that will ultimately be found by the Coroner to be of ‘little, if any, probative value’.75 Ultimately, in dealing with any information, the Coroner, who is also a judge of the Local Court,76 is required by training, tradition and oath or affirmation to act judicially and discard the irrelevant, the immaterial and prejudicial.77
Coronial proceedings investigate a death. Family members of the deceased have a positive interest in the conduct of an inquest.78 The ‘interest’ of family members is not inherently greater or lesser than that of others with interests in the inquest, and their views are not inherently more or less important. But of all the interested parties it is the family who will likely find the process most distressing and traumatic. That is one reason why coronial practice applies principles of therapeutic jurisprudence. The practise is concerned with the well-being of all people who have been affected by the death, but in particular recognises and responds to those who are grieving, who are commonly family.
Family and affected community members are encouraged to attend and participate in inquests. Families, of whatever race or ethnicity, are frustrated when there are inadequate opportunities to participate in the process.79 Some families require support to meaningfully participate in proceedings in a culturally safe way. One example of meaningful participation is sessions directed to the airing of family impact statements, which have been described as not ‘remotely unusual’.80 Ultimately, appropriate engagement may take different and flexible forms depending on the needs and circumstances of the family.
Family concerns about a death are likely to be particularly acute when the death is of an Aboriginal man held in police custody. It is important that all stages of the 74 Coroners Act 1993 s 3 definition of Investigation.
75 Doomadgee v Clements [2006] 2 Qd R 352, [53] (Muir J).
76 Coroners Act s 4(2).
77 Johnson v. Johnson (2000) 201 CLR 488, [12].
78 Annetts v McCann (1990) 170 CLR 596, [23].
79 Coronial Council of Victoria, Review into the experience of bereaved families with the coronial process (Final report, March 2022), 51.
80 Kontis v Coroners Court of Victoria [2022] VSC 422, [247].
coronial process remain alert to the impacts of institutional and intergenerational trauma and are sensitive to cultural needs and grief.81 Jurisdictions in Australia are finding ways to engage Aboriginal peoples meaningfully in the inquest process, and to respect and recognise their unique cultural considerations.82 For example, the Inquest into the death of Tanya Day83 opened with an acknowledgement of country by a Yorta Yorta Elder and sand from the riverbanks of Dhungalla was poured onto the court bench where it remained until the conclusion of the proceedings, when it was returned to the Dhungalla.84 Even so, courtrooms may not always be considered a safe or culturally appropriate place for Aboriginal families who have experienced a death in custody.
(a) may appoint a person to assist the coroner for the purpose of an inquest; or 81 Coronial Council of Victoria, Literature review into improving the experience of bereaved families within the coronial process, August 2021, 15.
82 See, for example, in New South Wales, the “State Coroner’s protocol; supplementary arrangements applicable to section 23 deaths involving First Nations Peoples” at [3.1] https://coroners.nsw.gov.au/documents/practicenotes/Final First Nations Protocol 9.3.22.pdf and in Victoria, “Practice Direction 6 of 2020; Indigenous Deaths in Custody”, [7.1].
83 Inquest into the death of Tanya Louise Day Coroners Court Victoria, COR 2017 6424 84 Coronial Council of Victoria, Literature review into improving the experience of bereaved families within the coronial process, August 2021 p15 citing Newhouse, G., Ghezelbash, D., & Whittaker, A (2020) The experience of Aboriginal and Torres Strait Islander participants in Australia's coronial inquest system: reflections from the front line, International Journal for Crime, Justice and Social Democracy, 9(4), 76-89.
85 Dudgeon,P., McKenna, V., Smith, D., Ketchell, M., Tabuai K., Tabuai A., Manada, A., Robotham, J. (2023) Coronial responses to Suicides of Aboriginal and Torres Strait Islander People, Research Report, 28.
(b) must appoint a person to assist the coroner for the purpose of an inquest into a death in custody.
Later in these reasons, I will return to Mr Rolfe’s claim that the ‘assistance’ to which this provision refers is limited to direct assistance ‘with the conduct of an inquest in public’86 and that it is inconsistent with the text, context and purpose of the Act for Counsel Assisting to provide ‘private and confidential advice’ to a Coroner.87
Beyond recognising that the ‘relationship’ between Counsel Assisting and those they assist ‘could not be said to be analogous to that which exists between counsel and a judge’,88 there is limited authority on the ‘role’ of Counsel Assisting or his or her relationship with a Coroner. Accepting that the scope of the role may depend on the terms of the statute that creates it, the limited commentary and authority on this topic suggests that Counsel Assisting’s functions include:89
(a) the management and administration of inquiry processes and procedures;
(b) the development of investigation strategies and investigation programmes;
(c) working with other investigators to assemble the inquest brief, direct avenues of inquiry, identifying witnesses and assisting them to complete statements;
(d) an ‘advisory role’ which ‘requires counsel assisting to advise the commissioner on the conduct of hearings’, such as whether they ‘should be conducted initially in private or in public or both’;
(e) the proper and effective conduct of commission hearings (in public or, as appropriate, in private), including the calling and questioning of witnesses, and the raising and addressing of issues of law that may arise; 86 Submissions of Mr Rolfe dated 6 October 2023, [126].
87 Submissions of Mr Rolfe dated 6 October 2023, [128].
88 Firman v Lasry [2000] VSC 240, [26].
89 See generally, Judicial Commission of New South Wales, Local Court Bench Book – Coronial Matters, [44-100], Judicial College of Victoria, Coroners Bench Book - Working with counsel assisting, [9.6.1]; the Hon Justice Peter Hall, ‘The role of counsel assisting in commissions of inquiry’ (2005) Bar News 29, 29.
(f) making opening and closing submissions on the evidence, the key issues, and the findings, comments and recommendations that may be appropriate; and,
(g) within strict constraints, assisting the Coroner in the report writing phase, for instance by providing chronologies and neutral summaries of the facts.
Regarding the report writing phase, in R v Doogan, the Full Court of the Supreme Court of the Australian Capital Territory heard an appeal from an application for judicial review of the decision of a coroner on a ground of apprehended bias (among others). A particular of the apprehended bias ground was that Counsel Assisting, Mr Lasry, had noted in open court that he had set aside time to assist the Coroner in writing the final report.90 The appellants submitted that ‘any sharing of that responsibility with counsel who had been advocating propositions that were contrary to the interests of the [appellants] would inevitably give rise to a reasonable apprehension of bias.’91
The Full Court rejected this submission, and dismissed the ground:92 [165] While … a coroner cannot delegate his or her responsibility to weigh the evidence and make appropriate findings, that does not mean that he or she must write the report unaided. On the contrary, a coroner is entitled to have counsel assisting or an associate undertake a range of tasks, such as providing a summary of the evidence, an outline of the relevant statutory provisions and references to authorities.
[166] In the present case, the evidence does not suggest that Mr Lasry intended to trespass into areas that were exclusively the responsibility of the first respondent, and we are unable to see how the terse note upon which [the appellants’] submissions had been founded could provide any support for the [appellants’] contentions.
91 R v Doogan (2005) 158 ACTR 1, [164].
92 R v Doogan (2005) 158 ACTR 1, [165]-[166].
93 Re Royal Commission on Thomas’s Case [1982] 1 NZLR 252.
94 Dato Tan Leong Min v Insider Trading Tribunal [1999] 2 HKC 83.
95 Submissions of Mr Rolfe dated 6 October 2023, [23]-[24].
Court of England and Wales96 that, like Doogan, appeared to permit the participation of a commissioner’s assistant in at least an early ‘stage’ of the report writing process.97
Ultimately, the issue of whether Counsel Assisting may assist in the preparation of a final report does not arise and nor did Mr Rolfe suggest that it did. In those circumstances, I will not attempt to resolve the differences, if any, between these authorities.
In Doogan the Full Court also noted that although Counsel Assisting should be ‘guided by the overriding principle that their goal is the attainment of justice rather than the achievement of a preconceived objective’, Counsel Assisting has a duty to vigorously test the evidence, and may advance tentative conclusions because:98 … justice is not always, nor even usually, attained by a forensically passive approach in which counsel assisting eschew any responsibility to explore particular possibilities actively or to test assertions which may or may not be accurate. On the contrary, coroners are entitled to expect that counsel assisting them will actively pursue the truth and that will almost inevitably involve identifying particular possibilities or tentative conclusions and testing the evidence with a view to determining whether it can be confirmed or discounted.
The rule against bias does not apply to Counsel Assisting but evidence of bias on the part of an assistant may lead to an inference of bias on the part of a Coroner, where the Coroner adopts or condones the assistant’s actions.99 However, in Doogan, the Full Court also observed that ‘there is no general principle requiring judges and magistrates to intervene whenever counsel is shown to have made some intemperate or otherwise unfortunate remark in relation to the proceedings.’100
96 R (Clarke) v Chairman of the Magnox Public Inquiry [2019] EWHC 3596.
97 Submissions of Mr Rolfe dated 6 October 2023, [25].
98 R v Doogan (2005) 158 ACTR 1, [162].
99 R v Doogan (2005) 158 ACTR 1, [159]; see also Firman v Lasry (2000) VSC 240, [27]-[29] considering the conduct of Counsel Assisting in the context of a Royal Commission.
100 R v Doogan (2005) 158 ACTR 1, [160].
The Yuendumu Visit Mr Rolfe’s concerns regarding the Yuendumu Visit
(a) Dr Dwyer and I had ochre placed on our foreheads during a scheduled ceremony performed by senior Warlpiri women;
(b) some community members made comments in the presence of myself and Dr Dwyer to the effect that Mr Rolfe ought to lose his job as a NT police officer and that there was a need for customary ‘payback’, and that Dr Dwyer and I did not immediately, and affirmatively, condemn or disassociate ourselves from those comments;
(c) Counsel Assisting:
(i) enquired with community members about how ‘justice’ could be achieved; (ii) stated that the views of community members, expressed during the Yuendumu Visit, ‘will be taken into account’; (iii) offered to obtain more information for the community in respect of the criminal trial in response to their concerns about the feeling they had of injustice about its processes; and, (iv) stated that she ‘understood’ that the community wants justice and ‘We will see what we can achieve together.’
Community engagement and planning for the Yuendumu Visit
death, their concerns about the trial process and the justice system more broadly, and these matters were widely reported in the media. It was in this context that at the first directions hearing on 29 March 2022, the trauma and grief suffered by the family and community arising from the passing of Kumanjayi Walker was acknowledged. I said:101 While much has been said about this death, I recognise that the family’s and the community’s voices have not yet had an opportunity to be heard and understood. This inquest cannot undo the past. We will, however, provide the family and the community with the opportunity to express their distress, their fears and concerns, and their hopes for the future. We will endeavour to not simply hear them, but to understand them. In a fair and balanced way, we will seek to better understand what happened on 9 November 2019 and why it happened, with the goals of determining the truth and making recommendations which may assist in preventing future deaths in similar circumstances.
… 101 Transcript of Proceedings on 29 March 2022 (Directions Hearing), 9.
102 Transcript of Proceedings on 26 May 2022 (Directions Hearing), 2.
Your participation, the family and the community's participation, is an essential feature of this proceeding and you are very warmly welcomed here today.
Although the Local Court does sit in Yuendumu as part of a ‘bush circuit’, the community infrastructure was insufficient to accommodate extended coronial sittings involving numerous parties. In those circumstances, the possibility of a visit by the Court to Yuendumu was raised by family and community members with the Counsel Assisting team.
Through discussions with the Counsel Assisting team and interested parties, community members extended an invitation to the Court to visit Yuendumu at the commencement of the inquest. The invitation was communicated to all interested parties and noted on the draft witness lists that were circulated on 1 and 5 August 2022 as follows: Opening of Inquest in Yuendumu. Coroner and parties to meet in Yuendumu to pay respect to Kumanjayi, his family and community and to hear from family and community leaders about aims for inquest. Culture and ceremony to be advised by Yuendumu elders and Kumanjayi’s family.
At a third directions hearing on 15 August 2022,103 Dr Dwyer informed the Court of the invitation that had been extended by community members, who wished to speak to the Court in Yuendumu in an unhurried and informal way about how they felt. Dr Dwyer made it clear that the visit would not be formal evidence and the possibility of ‘ceremony’ was raised. Although that invitation had been extended, Counsel for the Brown and WLR families submitted that the community was not presently able to facilitate the visit at the outset of the inquest, due to recent community unrest. Accordingly, I decided that the inquest would commence in Alice Springs on 5 September 2022. However, the need for there to be a ‘view’ in Yuendumu at a later stage in the proceedings was raised, together with the possibility that such a visit might provide an opportunity for less formal community 103 Transcript of Proceedings on 15 August 2022 (Directions Hearing).
engagement. As the inquest was now commencing in Alice Springs, Mr McMahon SC informed the Court that one or more members of the Parumpurru Committee wished to make an ‘opening statement’ and I indicated that I was open to contributions from the community.
There were no objections during the various directions hearings to the proposals for ‘opening statements’ from community members or a visit to Yuendumu at some point in the future to conduct a view and meet with family and community informally.
The ‘final’ draft witness list produced prior to the commencement of the inquest identified that the inquest would commence with informal opening statements from three community members, followed by a presentation by a former employee of the Northern Territory Aboriginal Interpreter Service, Ms Jodie Clarkson, and cultural advisor and interpreter, Ms Valda Naparrula Shannon, on ‘two-way listening’, which explained some of the difficulties associated with interpretation especially concerning legal concepts and practices for which there was no Warlpiri cultural equivalent.104 During the inquest further steps were taken to enhance cultural competency. These included: engaging an interpreter and cultural adviser, Ms Valda Naparrula Shannon, live streaming into Yuendumu, and providing information via a website, which included Warlpiri interpretations of some parts of the proceedings.
Through their engagement with community members in preparation for the inquest, the Counsel Assisting team identified that there were many longstanding confusions, misunderstandings and misapprehensions on the part of many community members about the inquest. Community members said that they did not know what would happen during the inquest or how it differed from the trial. In an effort to clarify some of these matters, a ‘Community Education Key Messages’ document was produced with the assistance of an interpreter. The information in written English was uploaded to the coronial website, as was a spoken Warlpiri recording of that information. The recording was also played in Alice Springs and Yuendumu over local radio. The written English document is Annexure B.
104 Transcript of Proceedings of 5 September 2022, 17-22.
They spoke about issues that were of concern to them and placed those issues in a cultural and historical context.105 In summary:
(a) Mr Ned Jampijinpa Hargraves provided some insights into Warlpiri culture, Warlpiri punishment (including spearing through the legs), parumpurru which means justice, the values of yapa (Warlpiri), the need to work together to make a community that is safe for our children and karrinjarla muwajarri (meaning ‘ceasefire’), which was said to reflect the desire of some members of the Yuendumu community that police not be permitted to carry firearms in their community;
(b) Mr Robin Japanangla Granites described the pain of losing a young Warlpiri life and drew a link between the trauma of Kumanjayi’s death and the trauma suffered by Warlpiri during the Coniston Massacre. He expressed dissatisfaction with the Australian justice system and with some of the reporting in the media of the events and the trial. At the end of his statement, Mr Granites extended a fresh invitation to the Court ‘to come out and sit with Warlpiri elders, and talk to us. We invite you to Tanami Desert, in Warlpiri country, to be part of our culture and lore.’ I indicated that we would ‘work towards finding a way where we can accept that invitation’; and,
(c) Ms Samara Fernandez-Brown explained the profound impact Kumanjayi’s death had on the community, and its desire not for a particular outcome, but for ‘truth’.
106 Transcript of Proceedings of 5 September 2022, 17.
seated at the bar table throughout and have not raised any concerns about what occurred.
Discussions continued between the Counsel Assisting team and the interested parties concerning the deferred visit to Yuendumu. On 3 November 2022 a draft schedule for a proposed two-day visit was circulated to the interested parties, a copy of which is Annexure C.
On 4 November 2022, Mr McMahon addressed the Court in respect of the proposed visit.107 Mr McMahon explained that the Parumpurru Committee was inviting myself and all interested parties to Yuendumu so that the community could speak directly in a way not normally possible in a court proceeding and ‘share their voice about …at least some of the matters that have led to this inquest.’108 The Court was also told that the community wanted me to listen to them speak about Warlpiri culture and lore including concepts of justice, grieving and sorry business.109 Mr McMahon explained that it was ‘going to be essentially a listening experience.’110
Mr McMahon also outlined a plan for the visit noting that it was not a strict schedule. On the first day he said there would be two welcomes by the Yuendumu Cultural Authority, a visit to House 511 known as ‘Memory House’, a community meeting or ‘what is locally known as a truth telling meeting’, which would involve a microphone being passed around and community members saying ‘what is on their mind’, and possibly some dance and a community barbecue. On the second day there would be a view of locations relevant to the inquest and a general orientation of Yuendumu. There would then be a ‘yarning circle’. He said that things might go ‘unexpectedly in some conversations.’111 Mr McMahon made it clear that what was said would not be recorded or received as evidence.112 107 Transcript of Proceedings of 4 November 2023, 3253-3256.
108 Transcript of Proceedings of 4 November 2023, 3253.
109 Transcript of Proceedings of 4 November 2023, 3253.
110 Transcript of Proceedings of 4 November 2023, 3253.
111 Transcript of Proceedings of 4 November 2023, 3256.
112 Transcript of Proceedings of 4 November 2023, 3256.
Mr McMahon extended ‘a genuine invitation…to all the lawyers here and encourage[d] them to come’.113 At the conclusion of the explanation and invitation interested parties were invited to respond but none chose to do so and no objections to either the visit or the proposed plan were raised.
On 12 November 2022, Ms Hollway (solicitor for the Parumpurru Committee) emailed all parties to advise, as a matter of procedural fairness, that it was now proposed that some parts of the events of the visit to Yuendumu would be recorded.
Apparently a local media organisation ‘PAW Media’, wished to record some parts of the visit for posterity. Ms Hollway stated ‘we do not of course anticipate such recordings going to matters which might be regarded as disputed facts. Rather, they may go to areas of cultural knowledge of value to the inquest’. If at some stage any of the recordings were sought to be tendered Ms Hollway noted that this would be addressed in the usual way in court (that is, with an application, submissions and, if necessary, a ruling). However, since the visit there has been no application that any of the recordings be tendered.
On 13 November 2022, the final plan for the Yuendumu visit was circulated to the parties, a copy of which is Annexure D to these reasons. It specified that on the first day there would be a cultural welcome from the Senior Men, followed by a cultural welcome from the Senior Women.
Mr Rolfe did not and has not objected to the visit or what was planned for the visit.
His lack of objection together with the engagement of the interested parties in the visit itself, including by Mr Officer on behalf of Mr Rolfe, indicates an acceptance by all interested parties of the visit being an appropriate part of the coronial process.
The conduct of the visit and consideration of Mr Rolfe’s ‘concerns’
grave site as planned and a “cleansing” ceremony was performed with native plants at the police station.
Significantly, Mr Rolfe’s ‘concerns’ arise in circumstances where his legal representative, Mr Officer, was present on Day 1 of the visit, but chose not to remain for Day 2. There is no evidence that Mr Officer took any steps to inform the Counsel Assisting team that he had decided to leave Yuendumu. I do not recall when I became aware of his absence on Day 2.
Day 1 (14 November 2022)
As planned, the day commenced with a cultural and formal welcome by the Senior Men. This welcome was conducted by way of singing, clap sticks and spears, observed by myself, Counsel Assisting and all those attending. At the conclusion of the welcome Counsel Assisting and myself were introduced to and shook hands with the men that were present and I expressed my condolences for their loss.
Following the men’s ceremony myself, Counsel Assisting, and all those attending were welcomed by the Senior Women. This welcome included myself and Dr Dwyer (and some other women) having ochre applied to the forehead by a Female Elder who I had not previously met, and who was introduced to me as Kumanjayi Walker’s mother.
Counsel Assisting and myself were then introduced to and shook hands with each of the women present and I expressed my condolences for their loss. A photo of Counsel Assisting being introduced to and shaking hands with a Senior Female is also annexed to the application for recusal. We were then escorted to House 511, ‘Memory House’, by some of the women.
Concerning the first day, the first ‘concern’ is that ochre was applied to my forehead by the mother of the deceased. The second ‘concern’ is said to be a photo of Counsel Assisting ‘holding the hand of a community member’. Mr Rolfe’s submissions give the impression that his legal representatives learned of these matters from the
photographs published in the media which he annexed to his application.114 They do not acknowledge that each of these events occurred in full view of Mr Officer who was standing with a further 20 or more legal representatives some metres away, having accepted the invitation to participate.
Why one form of welcome gives rise for concern, but the other does not, is unexplained.
Kumanjayi Walker’s biological mother is deceased. I understood that the Senior Woman who placed ochre on my forehead was his mother in a cultural way. In any event, I was not concerned as it is not unusual in coronial proceedings to meet family members of the deceased, engage with them in culturally appropriate ways, and express condolences to them, and that was one of the purposes of the visit.
The description of Counsel Assisting ‘holding hands with a community member’ is disingenuous. Following each ceremonial welcome myself and Counsel Assisting were introduced to, shook hands with, and expressed condolences to all the community members present, both men and women. All of these greetings occurred in the presence of Mr Officer. One of those greetings was to an elderly lady in a wheelchair. Dr Dwyer ‘shook hands’ with this frail lady by gently taking her right hand and she leaned in to speak in a sensitive way. Why one such greeting gives rise for concern, and yet none of the others does, is unexplained.
A fair-minded lay observer would have understood, and Mr Rolfe knew, that the visit provided an opportunity for cultural welcomes and for family and community members to meet myself and the Counsel Assisting team. A fair-minded lay observer would appreciate that, by permitting our foreheads to be painted in ochre and by greeting community members in full view of all of the interested parties, myself and Dr Dwyer were simply respectfully receiving the cultural welcome that was being extended to us.
114 Submissions of Mr Rolfe dated 6 October 2023, [30]ff.
Day 2 (15 November 2022)
Mr Rolfe is concerned about certain things community members said and certain responses by Counsel Assisting. Noting that Mr Officer chose not to attend the second day of the visit, Mr Rolfe’s concerns arise from his understanding of events as described in reports in the media, from photos depicted in the media which are annexed to his application, and from a review of audio recordings of events provided by the Coroner’s Office. The general tenor of those concerns is set out above at [61].
Before responding to those concerns, I note that Mr Rolfe complains that he had ‘no forewarning’ that there was a ‘potential’ that the family of Kumanjayi Walker, and the broader community of Yuendumu, might express views about the events that led to Kumanjayi’s death, a desire for ‘payback’, perceptions of the processes adopted during the criminal trial, or other ‘contentious issues’ that had arisen in the inquest.115 This is said to have occasioned him ‘prejudice’.
I do not accept this. During his outline of the anticipated visit, Mr McMahon emphasised that there would be no strict schedule of events, or ‘defined list of issues’ for discussion, and that things might go ‘unexpectedly in some conversations.’ The matters complained of had already been raised by community members during their opening statements, in media reporting, and in some sworn evidence.116 In those circumstances, it was readily understood that Mr McMahon’s reference to ‘discussions about matters that have led to the inquest’ could cover a broad range of topics which were important to the Elders, including topics specific 115 Submissions of Mr Rolfe dated 6 October 2023, [27]-[29] and [33].
116 See below at [95].
to Mr Rolfe, payback and spearing, and concerns about the trial, even if those topics fell outside the issues to be resolved in the inquest. Indeed, on Day 1 many of the same issues were discussed in Mr Officer’s presence during the ‘truth telling session’ and these discussions have not given rise for concern. Ultimately, Mr Rolfe should have, and any fair-minded lay observer would have, anticipated that the family and community of Kumanjayi Walker may wish to express views about these matters.
In any event, I do not accept that the mere fact that community members expressed their views about such matters, in my presence, might cause a fair-minded lay observer to reasonably apprehend that I might not impartially determine the issues arising at the inquest. The Yuendumu Visit was, as Mr McMahon explained, ‘essentially a listening experience’. That is what I did. A fair-minded lay observer would understand that it is normal, especially for a person with judicial training, to listen to someone express grief, or anger, without being ‘overborne’ by those expressions. It was on that basis that an apprehended bias application was dismissed, in comparable circumstances, by the Supreme Court of Victoria in Kontis v Coroners Court of Victoria.117
Additionally, as NAAJA submitted, the vast majority of the information discussed during the Yuendumu Visit, including the statements giving rise to Mr Rolfe’s concerns, has not only been traversed in the media,118 but has regularly been raised in open court in the inquest, whether in evidence or otherwise.119 For example, the transcript records statements about some community members’ desire for payback by spearing;120 the community’s views of what have been described as ‘racist’ text messages;121 the community’s concern that Mr Rolfe is still a member of the police force;122 and the community’s difficulty in understanding why evidence heard in the 117 [2022] VSC 422, [234]-[271], esp at [258]-[259].
118 Submissions of NAAJA dated 13 October 2023, [22].
119 Submissions of NAAJA dated 13 October 2023, [21].
120 Transcript of Proceedings on 28 November 2022, 3771; Transcript of Proceedings on 5 September 2022, 6; see also Transcript of Proceedings on 21 November 2022, 3589.
121 Transcript of Proceedings of 28 November 2022, 3805.
122 Transcript of Proceedings on 5 September 2022, 9.
inquest was not heard at the trial.123 Mr Rolfe does not raise any complaint in respect of those statements.
Nor do I accept that the statements made by Counsel Assisting during the yarning circle give rise to a reasonable apprehension of partiality on her behalf, let alone that any such apprehension could be imputed to me. On this point, the main complaint appears to be that Dr Dwyer told the community that she ‘understood’ certain of their concerns, that the community’s views would be ‘taken into account’, and that she ‘actively enquired’ about the community’s views of ‘justice’, which was of ‘particular concern’.124 In my view, these submissions take many of Dr Dwyer’s statements out of context and ‘imput[e]’ to the fair-minded lay person ‘a propensity to draw the most sinister of implications.’125
For example, a fair-minded lay observer would understand that many of Dr Dwyer’s references to ‘justice’ were an attempt move the discussion away from Mr Rolfe and towards more restorative forms of justice. After referring to statements made the day before (in the presence of Mr Officer) about ‘justice’ and ‘payback’, Dr Dwyer asked, If you put spearing to one side, is there anything else that payback or justice could involve? For example, are there better services for the community? Is there more things that you would like that would be part of justice that you could tell us about?
Similarly, I reject the suggestion that Dr Dwyer’s comments were ‘liable to create an impression that the purpose of the inquest is to meet concerns expressed by the Yuendumu community.’ For Dr Dwyer to tell Kumanjayi Walker’s family, and community, that their views will be ‘taken into account’ or that they were being ‘understood’ did not convey that those views will be accepted, or preferred, or transform those views into ‘evidence’. A fair-minded lay observer would understand these comments for what they were: an attempt to reassure the 123 Transcript of Proceedings of 25 November 2022, 3727; see also Transcript of Proceedings on 5 September 2022, 9.
124 Submissions of Mr Rolfe dated 6 October 2023, 33.
125 See, Kontis, [261].
community of Yuendumu that the inquest was committed to considering the issues arising at the inquest from all perspectives, including theirs.
Submissions regarding the recordings of the Yuendumu Visit
Much of the remainder of Mr Rolfe’s submissions on the Yuendumu Visit are concerned with his request for, and the Counsel Assisting team’s provision of, an audio-recording of some of the visit. It is not entirely clear how Mr Rolfe presses this issue on the recusal application, in circumstances where I have not ruled on his entitlement to this material, and where he objects to me doing so before I have determined the recusal application. However, in light of Mr Rolfe’s submission that there has been a ‘lack of transparency’ about what occurred during the Yuendumu Visit it is necessary to make some observations.
As it was never intended that the visit to Yuendumu would form part of the evidence in the inquest, there were no formal arrangements to record the proceedings. Ms Hollway for the Parumpurru Committee advised the parties that ‘PAW Media’ had decided to record some of the events.126 A number of larger, or national, media organisations were also present and I understood they were permitted to record some events. There is no evidence that Mr Rolfe has made any request of those organisations for their recordings.
From the Court’s perspective, a decision was made to attempt to capture audio of the main community gatherings in the event it might prove useful for other purposes, such as academic research. I am not aware of this being advertised to the parties. Arrangements for this purpose were unsophisticated and involved a junior court officer operating a small hand-held recording device. Unfortunately, because the court officer walked, or was seated, in close proximity to me, the recordings often captured private and irrelevant conversation between myself, Counsel Assisting and the court officer, including at times when I did not know I was being recorded.
On 19 November 2022, Mr Officer requested copies of: 126 Although Dr Dwyer made a reference, during the visit, to an intention to obtain the PAW Media recordings, this was before a discussion regarding the licensing fees had occurred.
(a) all video recordings of 14 and 15 November 2022;
(b) all audio recordings of 14 and 15 November 2022; and,
(c) all notes taken on 14 and 15 November 2022.
On 14 February 2023, Ms Walz substantially agreed to Mr Officer’s request. I set out her email in full: Dear colleagues, As requested by some parties, I advise that I have just uploaded the following material to the electronic brief (in folder “Yuendumu visit recordings”):
“Yuendumu time log”: the notes taken by the Coroner’s clerk as typewritten by the Coroner’s clerk. We are advised that these are a true copy of the handwritten notes; indeed, as you will see, they have not been edited to remove errata, or notes by the clerk to herself;
Those parts of the audio recording of the visit to Yuendumu that were understood by the parties to be appropriate for recording, that is, public discussions/ceremony, edited to remove private conversations between the Coroner and other persons, such as her legal team (emphasis added). The recordings cover:
The public ceremonies on the morning of Monday 14 November 2022 (“Yuendumu 14 November 2022 – part 1”);
The public forum or “Community Truth Telling Meeting” on the afternoon of Monday 14 November 2022 (“Yuendumu 14 November 2022 – part 2”);
The public forum or “Yarning Circle” on the morning of Tuesday 15 November 2022 (“Yuendumu 15 November 2022”).
The document entitled “Coroner’s Visit to Yuendumu”, which was kindly prepared by the Parumpurru Committee setting out what would take place, and which was distributed prior to the Yuendumu visit. We note that there was no opposition, or alternative suggestion from any party.
Relevant email correspondence between the parties about the visit, and the transcript of the discussion of what would take place, and what would be recorded, as outlined by Mr McMahon SC on 4 November 2022, which confirmed, without objection from any party, that, beyond the public ceremony and forums, the visit to Yuendumu was not anticipated to be the subject of ‘recording’. We note that that
was the basis upon which each party was invited, and indeed encouraged, to attend all aspects of the Coroner’s visit to Yuendumu.
With respect to the matters that were recorded, we note the specific comment by Ms Hollway on behalf of Parumpurru that: “We do not of course anticipate such recordings going to matters which might be regarded as disputed facts.
Rather, they may go to areas of cultural knowledge of value to the inquest.” Please note that the Counsel Assisting team does not propose to tender any recordings from the Yuendumu visit, given that the statements made are not being received as evidence and do not bear upon the Coroner’s determination of any contentious factual issues in the inquest.
If you have any difficulties accessing the material in the Sharepoint folder, please get in touch with [the Coroner’s clerk] or me.
Kind regards, Maria
On 15 February 2023, Mr Officer wrote to Ms Walz, asking her to confirm that the recordings had been edited and if so, when, how, by whom, and on what basis. He also asked Ms Walz to confirm whether the Coroner’s Office was in possession of any video recordings.
On 17 February 2023, Ms Walz responded as follows (emphasis added): Good afternoon Luke, Thank you for your email below.
I can confirm the assisting team is not in possession of any video recordings of the Yuendumu visit.
Parties have been provided with audio recordings of the three significant public forums that took place at the Yuendumu visit. As indicated below, editing was conducted by the assisting team to remove irrelevant or private conversations, including those between the Coroner and her legal team. The edited portions are short and typically last less than a minute.
In relation to your question about the legal basis for editing, I note that the Coroner’s visit to Yuendumu was not conducted to take evidence or form part of the Coroner’s determination of contentious evidence in the inquest. The recordings will not be tendered by the assisting team. It was made clear in advance of the hearing that private conversations would not be recorded.
If there is some concern about the editing process, the Coroner is open to a written request to obtain a transcript so that the length and reason for each edit can be identified with more precision; however, I note that such a process
would involve some significant time and expense and that it is unconventional for transcripts to be made of coronial views and cultural learning events which do not form part of the evidence before the Court. (emphasis added) I hope this is of assistance. I am able to discuss the matter further if you consider it necessary.
Kind regards, Maria
Mr Rolfe did not express any further concern about the editing process, nor request that the Court obtain a transcript. He sent no further correspondence on the issue until 16 August 2023, some six months later, when he provided the parties with the Production Application.
Ultimately, and in circumstances where Mr Rolfe has expressly objected to me ruling on the Production Application, the most I can say is that a fair-minded lay observer would not be surprised that Counsel Assisting edited the recordings so that they did not capture irrelevant and private conversations. As NAAJA noted, while this was in no way a ‘court transcript’, ‘a fair-minded lay observer would also be aware that court transcripts normally do not capture bar-table conversations – or conversations of a judge over the bench to their associate – and when they do, they are regularly removed by transcribers.’ The fair-minded lay observer’s view would be fortified by the expressed willingness to provide further information about the edits, and even to put the Court to the expense of ordering a transcript, if a request was made. But no such request was made.
The Amendment of the non-publication order on 23 March 2023
Mr Rolfe’s next concern is the 23 March 2023 NPO Amendment. This was an amendment to an existing NPO, dated 24 November 2022 (the 24 November 2022 NPO). The effect of the amendment was to clarify that the November 2022 NPO was not intended to, and did not, prevent the Professional Standards Command (PSC) of the NTPF from using material contained in the coronial brief for the purpose of its statutory functions.
Mr Rolfe objected to the amendment in circumstances where the interested parties had not been notified in advance of the intention to amend the NPO, and now
complains that the amendment on 23 March 2023 and the failure to notify the parties in advance gives rise to an apprehension of bias. He speculates about my motives for making the 23 March order.
NPOs during the proceeding
From the outset it was clear that the coronial brief contained a significant amount of material that either ought to have been the subject of a NPO under the Act, or that was subject to a prohibition on publication arising under another law.127 But the size of the coronial brief presented a practical difficulty. It was not possible at the commencement of the inquest to review the many thousands of discrete brief items and make a decision about whether there should be a prohibition on publication on an item-by-item basis.
Doing my best to balance open justice with the need to ensure that sensitive material was not inadvertently published beyond the interested parties, the approach I adopted was to make a broad NPO over the entire coronial brief, with a broad exception for evidence given or tendered in open court, or made publicly available on the coronial website. In practice, the effect of that order was to allow a decision to be made about the sensitivity of evidence as it was actually given. Where there was a legitimate concern about the sensitivity of material, more targeted NPOs were made. That NPO is annexed to these reasons as Annexure E (its annexure omitted).
This approach, although initially convenient, ultimately proved to be burdensome and problematic. Many documents were referred to during the course of examination and it was difficult to consistently upload these to the website.
Accordingly, while some documents did transition out of the non-publication order, a large number of documents that could not properly be described as ‘sensitive’ did not.
127 For example, in the case of the identity of children in care under s 301 of the Care and Protection of Children Act 2007 (NT), material giving rise to legitimate public interest immunity concerns or a claim of legal professional privilege.
In addition, although the order permitted the disclosure of the brief of evidence to the Commissioner of NTPF and his legal representatives for the purposes of the inquest, read literally, the NPO prohibited the use of the material by the PSC of the NTPF for the purposes of ensuring the good conduct and discipline of members of the NTPF under Part IV of the Police Administration Act 1958 (NT) (PAA). That was not intended.
The limitation provisions in the PAA set strict time limits for the commencement of disciplinary proceedings following the ‘discovery’ of a serious breach of discipline by the Commissioner of Police or a ‘prescribed member’.128 A ‘prescribed member’ is a member holding the ‘prescribed rank’ of Senior Sergeant or above.129 A large number of ‘prescribed members’ were involved in the inquest, and had access to the brief of evidence, whether as witnesses, as staff of the NTPF legal team or support persons for its witnesses, or as coronial investigators. I was concerned that if evidence of potential breaches of discipline became known to one or more prescribed members during the course of the inquest, the limitation period under the PAA might start to run, in circumstances where the NPO unintentionally prohibited the PSC from being informed and taking steps under the PAA about that evidence.
To address these concerns, on 24 November 2022, I amended the NPO to expressly permit the disclosure of the brief of evidence to the PSC. Until this time, an exception to the broad prohibition on disclosure in Order 1 permitted disclosure to the ‘Commissioner of NT Police and his legal representatives’ (Order 2(a)(ii)), as it did in respect of all other parties granted leave to appear or be represented at the inquest: Order 2(a)(i), (iii). The 24 November 2022 NPO added an additional subparagraph, permitting disclosure to ‘the NT Police Professional Standards Command’: Order 2(a)(vi). The 24 November 2022 NPO is Annexure F to these reasons. It was available to the parties in the electronic brief on 24 November 2022 and made publicly available on the coronial website on 25 November 2022.
128 See, Holmes v Commissioner of Police [2011] NTSC 108; (2011) 30 NTLR 195.
129 PAA, s 4(1), definition of ‘prescribed member’; Police Administration Regulations 1994 (NT), r 18.
I do not have a view about whether any of the evidence received during the inquest warrants a PSC investigation or disciplinary proceedings. That is a matter for the PSC. I amended the order on 24 November 2022 because I considered that a prohibition on disclosure to the PSC could impede the scheme established by Part IV of the PAA for ensuring the good conduct and discipline of Northern Territory police officers.
Despite my intention, by 24 November 2022 successive amendments to the NPO meant that it was becoming increasingly confusing. Its relationship to other NPOs was unclear, and it contained redundancies.130 More importantly, when sub-par (vi) is read in light of the introductory words in Order 2(a), the literal meaning of the amendment prohibited what I had intended to permit: use by the PSC for the performance of its functions under the PAA. In hindsight, this seems obvious but at the time I was working under pressure, and I did not appreciate that the literal meaning of the order was contrary to my intention. I did not appreciate that there was any uncertainty about the purpose or effect of the 24 November 2022 NPO until 23 March 2023.
The amendment
130 For example, Orders 2(a)(i) and (ii), which respectively permitted the disclosure of the brief to the NTPF and the family of Kumanjayi Walker, were clearly redundant in the face of Order 2(a)(iii), which permitted disclosure to any persons ‘granted leave to appear because they have a sufficient interest in the coronial proceedings, and their respective legal representatives.’
On 20 March 2023 Dr Dwyer raised an issue with me about the terms of Order 2(a)(iv). She informed me that she had been contacted by the PSC, who were concerned that the terms of my order of 24 November 2022 did not permit the PSC to use the brief material for purposes under the PAA Act. Dr Dwyer stated that she had informed the PSC that that was not the intent of the order but accepted that the concern was understandable in light of the phrase ‘for the purposes of these coronial proceedings’ in paragraph 2(a) of Order 2.
As I have already stated, I agree with Dr Dwyer that the terms of Order 2(a)(vi) of the 24 November 2022 did not accurately reflect my intention when making it.
Accordingly, I informed Dr Dwyer that I was content to make a ‘temporary fix’ to the 24 November 2022 NPO. I reiterated my intention to withdraw the broad NPO, and repeated my request that a timetable be fixed for submissions from the interested parties as to what, if any, material ought to be included in any new, and more focussed order.
That was because, if Order 2(a)(vi) was read literally, it was pointless. As the PSC has never been an interested party granted leave to be represented at the inquest, I am not sure what use the PSC could have made of the brief material ‘for the purposes of these coronial proceedings’. Additionally, the PSC was a part of the NTPF, which, through the Commissioner, was already authorised to receive the brief of evidence for the purposes of the inquest by Order 2(a)(i). In those circumstances, I did not think the amendment controversial.
Ms Walz wrote to the parties on 23 March 2023 and expressly brought the fact of the amendment to the interested parties’ attention and foreshadowed my intention to replace the broad NPO with a more targeted order in due course. Ms Walz invited indications from the interested parties as to the subject of that more targeted order.
On 24 March 2023, Mr Officer wrote to Ms Walz asking why the order had been amended, noting that Mr Rolfe had not been heard on it. When I was told that Mr Officer was troubled that his client had not been heard on the amendment, I
requested that Ms Walz advise the parties that I would revoke the 23 March 2023 NPO Amendment immediately, with the practical result that the 24 November 2022 NPO remained in force. By return email dated 24 March 2023 Ms Walz informed Mr Officer that I would withdraw the amendment. Ms Walz noted that the Counsel Assisting team’s view was that the order had become confusing and reiterated that I proposed to rescind the ‘blanket NPO’ and replace it with a more targeted ‘NPO over individual items upon application.’
After some back and forth, and a deferral of the original date on which it had been proposed to rescind the blanket NPO, a directions hearing was listed for 28 April 2023 to hear from the parties as to the material to be included in the new, and more targeted, NPO, as well as to ventilate any persisting concerns about the 23 March 2023 NPO Amendment.
The majority of the 28 April 2023 Directions Hearing was dedicated to applications for inclusion within the new, and targeted, NPO and Dr Dwyer responded to Mr Officer’s queries about the 23 March 2023 NPO Amendment. She explained that the interim non-publication order was amended at her suggestion to remove confusion in relation to the exception granted to the Professional Standards Command. She explained that in respect of the Professional Standards Command the words ‘for the purposes of these proceedings,’ ‘that didn’t make any sense’ as they were not an interested party in the inquest. She said:131 …there was no formal application to your Honour and it was not the subject of a submissions process. That was my suggestion to clear up the obvious confusion. Your Honour has always intended that the parties have procedural fairness and that they are given an opportunity to comment on any change.
… I regret the confusion caused by that your Honour. My intent was to suggest a clarification, not a change to the non-publication order. And I should have suggested that parties have an opportunity to comment, even if it was a clarification rather than a change. My intention was then and is always to allow procedural fairness to all parties. So that was an administrative error on my part. That was corrected as quickly as humanly possible.
131 Transcript of Proceedings on 28 April 2023 (Directions Hearing), 4908-4909.
In any event, the order was not published on the website. We are not aware of it affecting any rights or interests. I take full responsibility for it and I’m conscious that your Honour is always, always very mindful in this court it is shown that all parties have procedural fairness.
So in my respectful submission, parties have now been given ample opportunity to comment on the non-publication order. But in any event, the issue of an amendment to the existing order is now moot, since the whole of that broader non-publication order would be gone. It would be replaced by a much more restricted order.
When Mr Officer addressed me on the issue, he informed me that the purpose of his requests for information about the 23 March 2023 NPO Amendment was to assist me to ensure that the PSC was not using material contrary to my orders or, possibly, contrary to a Harman undertaking it owed to the Coroner’s Court. He then said that, to the extent that his queries were relevant to the conduct of the inquest at all, they were ‘relevant to the sense of how your compelled material is being used in other proceedings without your consent, your Honour.’132
This was the first time this issue had been raised. Mr Officer had not put Counsel Assisting or the Court on notice that there were additional matters that he wished to raise in the Directions Hearing, even though he had taken the time to write to Counsel Assisting on several occasions. There was no evidence concerning whether some other entity might have contravened a NPO and it was not clear to me what Mr Officer was asking me to do or how his concerns were relevant to the issues in the inquest. At no point did Mr Officer indicate that his concern was, in fact, whether the 23 March 2023 NPO Amendment gave rise to a concern about my impartiality.
Accordingly, I said:133 THE CORONER: None of this seems to be relevant to my Inquest proceedings.
I have – and Dr Dwyer has clarified the non-publication order that has been in place. And if anyone wishes to take some other application or measure or something because they view there’s been some breach or otherwise of that non-publication order, then, you know, it’s a matter for them. Or material can 132 Transcript of Proceedings on 28 April 2023 (Directions Hearing), 4926.
133 Transcript of Proceedings on 28 April 2023 (Directions Hearing), 4926.
be put before me but at this stage, I note Mr Officer’s concerns. But that’s all I propose to do at this stage.
MR OFFICER: Thank you, your Honour.
Ms McNally, on behalf of Sergeant Bauwens, then seemingly sought to reagitate the issue. The Directions Hearing was being conducted in difficult circumstances via teams with several technical difficulties interrupting the proceedings.134 The transcript contains many ‘inaudibles’. I reiterated that I did not understand how the issue was relevant to the inquest, rather than (potentially) relevant to some other proceeding. Ms McNally ought to have understood, and a fair-minded lay observer would have understood that, although I would not deal with the issue now, I was willing to receive further material on the issue and would deal with it on another occasion, if the issue was said to be relevant to the inquest. However, neither Mr Rolfe nor Sergeant Bauwens took any further step in relation to the 23 March 2023 NPO Amendment for at least five months.
Finally, neither Mr Officer, nor any of the legal representatives for the other police members, have ever disputed that the amendment to permit access to the brief by the PSC for purposes under the PAA was inappropriate. In that regard, Dr Dwyer expressly submitted at the Directions Hearing that:135 … a non-publication order in this court shouldn't, is not intended and cannot inadvertently restrict or delay the important investigative roles that other organisations in the Northern Territory have.
I won’t name all of those investigative bodies. But they include, for example, SafeWork NT, or Police Professional Standards Command. So – perhaps the Ombudsman (inaudible) as well. And there are others. So the non-publication order will, in my respectful submission, or should be drafted in a way that allows those bodies to continue their important work.
134 See for example Transcript of Proceedings on 28 April 2023 (Directions Hearing), 4894, 4899, 4900, 4901.
135 Transcript of Proceedings on 28 April 2023 (Directions Hearing), 4907.
the order does not prevent the Police Force of the Northern Territory from using or disclosing material for the purpose of performing its statutory functions; and,
the order does not prevent disclosure where required by law or where disclosure is to a statutory entity for the purpose of them performing their functions.
Consideration
(a) I thought I was merely correcting a slip in an order;
(b) I did not think the amendment was controversial;
(c) The Solicitor Assisting notified the interested parties that I had made the amendment on the day; and,
(d) It was not unusual in the inquest for me to make NPOs on my own motion and then to inform the interested parties about the order and, if necessary, to hear any submissions about it.136
136 See for example, Transcript of Proceedings on 5 September 2023, 46; see also, Transcript of Proceedings on 28 October 2023, 2739-2740.
Management of the NPO’s was complex as is evident from the summary of the NPOs which is Annexure H. I made a decision to amend a NPO when Counsel Assisting brought to my intention that the existing order did not properly reflect my intention.
When Mr Officer raised concerns on 24 March 2023, the 23 March 2023 NPO Amendment was immediately revoked and the status quo was restored. A Directions Hearing was set and all parties were put on notice that it was my intention to rescind the existing NPO and that matters concerning the NPO would be discussed at that time. All parties were invited to seek any further NPOs they considered appropriate.
Mr Rolfe does not suggest that it would be appropriate for a NPO under the Coroners Act to effectively prohibit the PSC from performing its functions under the PAA. I reiterate that I have no view about how the PSC should perform its functions. My only concern, since 24 November 2022, has been that the scheme established by Pt IV of the PAA should not be undermined by one of my orders.
Ultimately, even if it would have been preferable for me to have heard any of the interested police members on the 23 March 2023 NPO Amendment (an amendment I considered to be in the nature of a clarification, that I immediately withdrew, and which Mr Rolfe did not ultimately oppose) I am not persuaded that a fair-minded lay observer might, as a result, reasonably apprehend that I might not impartially determine the issues arising at the inquest.
The relationship between Counsel Assisting and the Coroner, in particular, the assertion of a client/legal advisor relationship
After taking no steps to seek further information, or raise concerns, about the Yuendumu Visit137 or the March 2023 NPO Amendment, on 16 August 2023 Mr Rolfe emailed the Production Application to Counsel Assisting and all interested parties.
The terms of the Production Application were as follows: 137 So far as I am aware, the last correspondence with Mr Officer on this issue was Ms Walz’s email of 17 February 2023, to which Mr Officer did not respond.
2.1. Production of all correspondence between Professional Standards Command (‘PSC’) investigators with the Northern Territory Police Force (‘NTPF’), and investigators with the Coronial team relating to Spotlight Transcripts at brief items 20-50 through to 20-55.
2.2. Production of all correspondence between PSC investigators with the NTPF, and investigators with the Coronial team relating to the amendment of the NPO dated 24 November 2022 (and the subsequent amendment that occurred on or about 23 March 2023);
2.3. Production of all correspondence between lawyers for the NTPF and PSC and/or the Coronial counsel assisting team relating to spotlight transcripts at brief items 20-50 through to 20-55;
2.4. Production of all correspondence between lawyers for the NTPF and PSC and/or the Coronial counsel assisting team relating to the amendment of the NPO dated 24 November 2022 (and the subsequent amendment that occurred on or about 23 March 2023);
2.5. Production of all correspondence between the Counsel Assisting team and the Coroner relating to spotlight transcripts at brief items 20-50 through to 20-55;
2.6. Production of all correspondence between the Counsel Assisting team and the Coroner relating to the amendment of the NPO dated 24 November 2022 (and the subsequent amendment that occurred on or about 23 March 2023); and
2.7. Production of the summons served on Channel 7 relating to the spotlight transcripts.
Material Relevant to Yuendumu visit
2.8. Production of a complete set of records whether in hard copy or electronic form, all video, audio and notes from the visit to Yuendumu on 14 and 15 November 2023.
The matter be listed for argument for no more than one hour in the event objections are taken to the Application.
The Production Application did not identify any provision or rule under which the application was brought, the purpose of the application, or the basis on which Mr Rolfe said he was entitled to the documents. NAAJA submitted that the ‘the
compelling inference to be drawn from the narrative and communications in Mr Rolfe’s own submissions is that the animating purpose of [the] application … [was] to elicit information for the purposes of advancing his interests in disciplinary proceedings, or a challenge to the legality thereof’, which could be an improper or ulterior purpose.138 In circumstances where Mr Rolfe submits that I cannot resolve the Production Application until I have determined the recusal application, I express no view on this submission.
As you would appreciate, your application is analogous to a subpoena in inter partes litigation. Of course, by contrast to inter partes litigation, this is an inquisitorial jurisdiction, rather than an adversarial one.
Your application and email provide no explanation as to why the information is sought. It is not readily apparent from the material requested what legitimate forensic purpose those documents would serve or how they are relevant to the proceedings.
In particular: a. in relation to your request 2.1 and 2.3, on 18 October 2022 we served all parties with all of the Spotlight footage of your client that was produced by Channel 7, and it is not apparent why correspondence relating to the transcripts of that footage has any relevance to the coronial proceedings, b. in relation to your request 2.7, I attach a copy of the summons, c. in relation to your request 2.8, my emails of 14 February 2023, and again to you on 17 February 2023 addressed the cultural event at Yuendemu [sic] on 14 and 15 November (to which all parties were invited and about which recordings have been provided to you). It was made clear in advance of that event that recordings would be limited and would not be tendered in proceedings. The nature of the event was outlined on the record on 4 November, and d. while there is no apparent forensic relevance to your request for correspondence between the Coroner and Counsel Assisting, that 138 Submissions of NAAJA dated 13 October 2023, [50]-[51].
correspondence is subject to legal professional privilege in any event.
(emphasis added) The matter is next listed in the week of 23 October 2023, when we will hear the evidence of Mr Rolfe and Sergeant Bauwens. As you are aware, and with no criticism intended, by that time the proceedings will have been delayed for almost one year to allow for all legal avenues of appeal to be exhausted by your client. It is essential that we finish the evidence in that week, and we anticipate being pressed for time, such that stopwatch orders may be required.
If you consider it necessary to press this application, her Honour requires written submissions to be filed by no later than 6 October 2023. Those submissions should: a. identify, expressly and precisely, the legitimate forensic purpose for seeking the material; b. in particular, identify how it is ‘on the cards’ that the requested material could assist her Honour in the discharge of her statutory functions, particularly identifying the cause and circumstances of the death of Mr Walker; and c. any relevant case law supporting your application.
Her Honour proposes to circulate your submissions to all parties and will provide those parties with an opportunity to be heard if they so wish. Any submissions in response should be provided by 13 October 2023.
Finally, you will recall that at the conclusion of his evidence on 16 November 2022, your client was advised that he had not been released from his summons, and he was still obliged to appear as required for further examination. Your client indicated that he understood that he would be advised, through you, about when he would be required to appear for that further examination. Would you please confirm that you have advised him that he is required to appear on 23 October for that purpose?
Yours faithfully, Maria
a Coroner is ‘inconsistent with the assistance that may be permissibly provided by a person appointed pursuant to s 41(2).’ In effect, he submits that s 41(2) should be read down so as only to permit assistance ‘with the conduct of an inquest in public’.139
In my view, the statement by Ms Walz regarding LPP was likely misconceived. I doubt that through the mere act of appointing Counsel Assisting, the Coroner becomes Counsel Assisting’s ‘client’, or that Counsel Assisting provides the kind of ‘legal advice’ which attracts LPP. I have some doubts about whether LPP could attach to communications exchanged in confidence between a Coroner and Counsel Assisting. In light of Mr Rolfe’s request that I not rule on the Production Application, I will say nothing further about this.
However, I do not accept the premise of Mr Rolfe’s submission that ‘private and confidential’ communications between Counsel Assisting and the Coroner are ‘of themselves’ incompatible with the Act. Section 41(2) does not say that, and nothing else in the text or structure of the Act points to that conclusion. Significantly, although s 41(2) provides that Counsel Assisting may be appointed to ‘assist for the purpose of an inquest’, and although an inquest must be conducted in open court, that is a very different to saying that the assistance Counsel Assisting provides may only be provided in open court.140
The text and structure of the Act does not support this limitation. It is also at odds with statements concerning the role of Counsel Assisting in the extrinsic materials to the Act. As discussed in Ruling No 3, the Act was enacted in 1993 for the express purposes of ‘implement[ing] various recommendations of the Royal Commission into Aboriginal Deaths in Custody’ (Royal Commission),141 as well as ‘improv[ing] and modernis[ing] the coronial process’.142 Relevantly, the Attorney-General stated 139 Submissions of Mr Rolfe dated 6 October 2023, [126].
140 Cf, Submissions of Mr Rolfe dated 6 October 2023, [126].
141 Ruling No 3 [24], citing Northern Territory, Parliamentary Debates, Legislative Assembly, 3 March 1993, 78977899 (Mr Stone, Attorney-General).
142 Royal Commission into Aboriginal Deaths in Custody (Final Report, 15 April 1991), Vol 5, Recommendation [27].
during the bill’s second reading that the provision for the appointment of Counsel Assisting ‘implements recommendations 27, 28 and 30’ of the Royal Commission.
… Recommendation 30: That subject to direction, generally or specifically given, by the Coroner, the lawyer assisting the Coroner should have responsibility for reviewing the conduct of the investigation and advising the Coroner as to the progress of the investigation.
144 That the hearings of the inquest are the ‘culmination’ of the broader inquiry or investigation is confirmed by Recommendation 11.
duties do not cease when the inquest commences. Additionally, in fulfilling Counsel Assisting’s responsibility for the conduct of the broader investigation, Counsel Assisting is expected to ‘advise’ the Coroner as to its progress. This is consistent with reputable commentary on the role of Counsel Assisting in other jurisdictions, like New South Wales.145
I agree with Mr Rolfe that ‘legal issues and questions relevant to dispositive orders’ should be ‘dealt with by submissions by Counsel Assisting in open court and not private and confidential advice.’146 An interested party might have a legitimate sense of grievance if contentious issues arising at the inquest were the subject of private submission or advice by Counsel Assisting.
But there is a significant difference between Counsel Assisting privately submitting or ‘advising’ on legal and factual issues that have arisen during the course of the inquest, and Counsel Assisting privately communicating with the Coroner regarding the progress of the broader coronial investigation. Legitimate communication might, for example, concern the progress of any ongoing evidence gathering by coronial investigators, the issuing or answering of summonses, administrative and logistical matters, the programming of witnesses and topics for examination. There is no reason to think that the correspondence here has strayed beyond such matters.
In addition, and although Mr Rolfe objects to me determining whether he would be entitled to the correspondence before I determine the recusal application, it is sufficient at this stage to note that there may be good reasons why he would not be entitled to it. Some reasons identified by the interested parties as to why Mr Rolfe may not have an entitlement to such correspondence included that: he has no legitimate forensic interest in it; it is immune from production as a result of the terms of the Act, including the prohibiting on the Coroner being called to give evidence; it is covered by PII, or an analogous species of confidentiality.
146 Submissions of Mr Rolfe dated 6 October 2023.
submissions ignore the likelihood that Ms Walz was mistaken when she characterised any confidentiality attaching to the correspondence as being in the nature of LPP. Such a mistake would not be surprising, given that no party suggested that there was any clear authority on this issue. In addition, if this were a bona fide claim of LPP, it was mine to claim; and I did not give any instructions to that effect. Indeed, apart from the indication that, if pressed, I would require submissions on the Production Application, the email did not purport to express my views. There is voluminous correspondence between the Counsel Assisting team and interested parties which reflects my broad instructions and direction but which I do not peruse.
The 10 October 2023 interim NPO
The interim NPO
On 10 October 2023, the solicitor assisting wrote to the parties and indicated that, …in the interests of open justice, all submissions filed in relation to the application will be released to the media and posted on the Inquest website when the Coroner’s decision is released.
Shortly afterwards, the Solicitor Assisting wrote to the parties, attaching a minute of order, signed by me, prohibiting the publication of certain documents, being the application, and associated submissions, on an interim basis. The Solicitor Assisting’s covering email reiterated that the proposal was to revoke the order when all relevant submissions were received, and asked that the interested parties to advise if they had any objection to the interim order.
On 13 October 2023 Mr Rolfe and Sergeant Bauwens objected to the interim non-publication order. On receipt of that objection, the Solicitor Assisting wrote to the other interested parties to indicate that they had 24 hours to respond to the objections and that, if there were no further submissions, I would rescind the interim non-publication order and all submissions would be uploaded to the inquest website immediately. There were no further submissions and that is what occurred.
My reasons for granting the interim NPO
The interim non-publication order made on 10 October 2023 was made in accordance with s 43(1)(b) Coroners Act. That provision obliges me to make a non-publication order if I reasonably believe that publication would be contrary to the administration of justice.
At the time I made the interim order on 10 October 2023, I had hoped to release a decision on the recusal application within a short period of time, and before the next listed sitting date, on 23 October 2023. It was never intended that the submissions would not be publicly available for scrutiny and comment, which was clear from the correspondence. Nor did the interim order prohibit publication of the fact of Mr Rolfe’s application. The limited proposal was that a NPO be in effect until the publication of my ruling, and the order I made on 10 October 2023 was intended to ‘preserve the status quo’ to enable interested parties to be heard on that proposal. It was provided to the parties along with an express invitation to that effect.
Throughout the inquest, significant steps, such as ‘live streaming’ and a dedicated website, have been taken to make these proceedings as publicly available as possible. Unfortunately, from time to time a product of the significant public interest in these proceedings has been reporting that has been criticised, by a number of interested parties, as factually inaccurate, defamatory of witnesses and the deceased, and contemptuous of the Court and its processes.147 I do not express 147 See eg Transcript of Proceedings on 5 September 2022, 23-29; Transcript of Proceedings on 27 February 2022, 4034-4043; Submissions of the NTPF dated 10 March 2023 on Referral for Contempt; Submissions of the WLR Families regarding Contempt dated 3 March 2023.
a view about those criticisms, but I have previously cautioned the media about the ‘selective’ reporting of evidence.148
For this reason, during the course of the inquest interim non-publication orders have been made, including on my own motion, to protect witnesses from having certain oral or documentary evidence published before they have had an opportunity to respond to issues raised by it. On occasions I have made these orders to protect the interests of Mr Rolfe and other police officers. For example, one purpose of the limited non-publication order made on 4 May 2023 was to give that same protection to Mr Rolfe and Sergeant Bauwens.149 I have made orders in this inquest to protect the identities of police officers.150 In practice, once a witness has been called and given evidence the interim non-publication orders have been reconsidered.
This order was made in a similar vein. As I noted in Ruling No 6,151 one way in which open justice serves the ‘administration of justice’ is by ‘[e]xposing judicial officers to public scrutiny, which increases judicial accountability’.152 However, I also had concerns that it may be contrary to the administration of justice for written submissions from one party to be made public when the other interested parties had not had an opportunity to respond to those submissions, particularly given the contentious nature of the application.
Conclusion on apprehension of bias (to the extent necessary)
148 See eg Transcript of Proceedings on 5 September 2022, 29; Transcript of Proceedings on 27 February 2022, 4043.
149 Transcript of Proceedings on 28 April 2023, 4907.
150 See eg Transcript of Proceedings on 13 September 2023, 369.
151 Inquest into the death of Kumanjayi Walker (Ruling No 6) 2022 NTLC 027.
152 Inquest into the death of Kumanjayi Walker (Ruling No 6) 2022 NTLC 027, [9].
Consideration of the concerns as a whole
Although I have set out my reasons in relation to the particulars of the application separately, I have not overlooked the need to consider them cumulatively. For substantially the reasons I have already given, I do not consider that the particulars, considered cumulatively, mean that a fair-minded lay observer might reasonably apprehend that I might determine the issues arising at the inquest otherwise than on their factual and legal merits. In my view, to the extent that there was a connection between the various particulars or strands of the recusal application, that connection was tenuous, at best.
In addition, when considering the particulars of the application cumulatively, they must also be considered in the context of the inquest as a whole. As the Full Court noted in R v Doogan, the cumulative effect of the particulars:153 must be weighed with due recognition of the length of the inquiry and volume of evidence adduced. Even a series of acts and decisions may seem less indicative of an underlying attitude if understood as consisting of comparatively isolated incidents in a hearing spanning [many] days and generating [many thousands of] pages of transcript.
That observation is significant in the context of this application and this inquest.
As I have already noted, during the course of the inquest, the Court has:
(a) sat for a total of 58 hearing days, not including directions and other procedural hearings;
(b) produced almost 5000 pages of transcript;
(c) heard evidence from 70 witnesses; and,
(d) now produced a total of eight, written rulings, in addition to other ex tempore rulings.
154 Submissions of the Brown family dated 13 October 2023, [22]-[23].
she is likely to decide the issues on the inquest ‘other than on its legal and factual merits’.
To the contrary, after many weeks of evidence, Mr Rolfe is unable to identify any statement or conduct of the Coroner that indicates that she has ‘prejudged’ an issue or is likely to decide the case other than on its legal and factual merits.
I agree. Mr Rolfe has not identified any statement by me in the transcript or the written rulings that shows a bias against him. Furthermore, his submissions overlook the care taken to ensure that the process is fair to him. For example, he has not mentioned the non-publication orders I have made at his request.155 Nor does he mention the expert evidence I excluded, on his joint application and in the face of opposition, in part out of a concern that it mischaracterised and exaggerated his use of force history, or unfairly described him as having a ‘violent criminal history.’156 Where I have given rulings against him, there is no mention of the time I have allowed his counsel, at cost and inconvenience to other interested parties and the Court, to consider whether he wished to institute proceedings in the Supreme Court for review.157 With the exception of Ruling No 5, which was in relevant part upheld by both the Supreme Court and the Court of Appeal, Mr Rolfe has never challenged any of my rulings or orders.
I am not immune from a finding of apprehended bias simply because the inquest is long and complex. But the length and complexity of the inquest, and the absence of any broader complaint about my statements or conduct, is part of the context in which the application for recusal is to be considered. In my view, that context would be understood by the fair-minded lay observer to demonstrate my commitment to the vigorous but impartial pursuit of my statutory duties to determine the cause and circumstances of Kumanjayi Walker’s death, and to make findings, comments and recommendations directed towards preventing similar deaths in the future.158
Considering the particulars of the application for recusal, separately, cumulatively, and in the context of the inquest as a whole, I am not persuaded that a fair-minded 155 Non publication order made 4 May 2023, Annexure A, items listed at 17, 19 and 20.
156 Inquest into the death of Kumanjayi Walker (Ruling No 7) 2023 NTLC 11, [6(e)].
157 Transcript of Proceedings of 13 September 2022, 369.
158 And making such other findings, comments and recommendations required of me by ss 26, 34 and 35 of the Act.
lay observer might reasonably apprehend that as a result of these relatively isolated matters I might determine the issues arising in the inquest otherwise than on their factual and legal merits.
Conclusion
Accordingly, I dismiss the application for recusal.
Finally, I have considered the submission of the WLR families, made on 20 October 2023, that the Court should convene to hear oral argument on the application. While I accept that by 20 October 2023, an oral hearing would not have delayed the further hearing of this inquest, the submission overlooked the very significant hearing commitments of the Coroner’s Court in other inquests, and the cost and inconvenience of reconvening this inquest. In light of the 14 sets of detailed written submissions I received on this application159 and the fact that no party identified a submission that was not or could not be made in writing, I was not persuaded that this was necessary, particularly in circumstances where the written submissions were published on the Coronial website.
Dated this 22 day of November 2023.
ELISABETH ARMITAGE TERRITORY CORONER 159 Annexure J is a list of the written submissions received in relation to this application.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A
INDEX TO BRIEF MATERIAL AS AT 27 APRIL 2023 Inquest into the death of Kumanjayi WALKER
PART 1 INTRODUCTORY MATERIAL Police Memorandum – Officer in Charge of Coronial investigation 1 - 1 Coronial Memorandum of Commander David PROCTOR APM 31 AUG 2021 (Redacted) (170p) 1 – 1A Coronial Memorandum of Commander David PROCTOR APM 31 AUG 2021 (170p) (unredacted) 1 - 2 Coronial Memorandum of Commander POLLOCK – DRAFT NOV 2020 (LPP Redacted) (78p) 1 - 3 Coronial Memorandum of Commander POLLOCK – DRAFT NOV 2020 with Cmr PROCTOR comments (LPP Redacted) (64p) 1 - 4 Coronial Memorandum of Commander POLLOCK – DRAFT JAN 2021 (LPP Redacted) (77p) 1 - 5 Coronial Memorandum of Commander POLLOCK – DRAFT JAN 2021 with further handwritten comments (LPP Redacted) (84p) 1 - 6 Coronial Memorandum of Commander POLLOCK – DRAFT JAN 2021 reformat and amendment of Report (LPP Redacted) (84p) 1 - 7 Coronial Memorandum of Commander PROCTOR – Consultative DRAFT (59p) 1 - 8 Coronial Investigation report of Commander David PROCTOR 19 APR 2021 APM - Consultative DRAFT 19042021 (LPP Redacted) (84p) 1 - 9 Statement Index (36p) 1 - 10 Timeline – Shooting of Arnold Walker (15p) 1 - 11 Timeline of telephone calls documenting critical decisions 09 NOV 2019 made by Northern Territory Health Department – Author: - Helen GILL (On Call Manager for Remote Health) (6p) 10 NOV 2019 1 – 11A Email Dole to An‐ticich - Synopsis of health involvement (2p) 22 JAN 2019 Identification Documents 1 - 12 Affidavit of Pauline Setter - Identification of Deceased person 10 NOV 2019 (1p) 1 - 13 Summary post-mortem report of Dr Marianne TIEMENSMA 12 NOV 2019 (2p) 1 - 14 Summary post-mortem report of Dr Marianne TIEMENSMA 13 NOV 2019 (2p) 1 - 15 Post-mortem examination report of Dr Marianne TIEMENSMA 21 JAN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A (23p) (sensitive photos redacted) 1 - 16 Additional statement of Dr Marianne TIEMENSMA (2p) 01 MAY 2020 1 - 17 Toxicology summary report of Heather Joy LINDSAY (3p) 06 DEC 2019 1 - 18 Supplementary toxicology summary report of Heather Joy 06 JAN 2020 LINDSAY (3p) 1 - 19 Supplementary toxicology summary report of Heather Joy 06 APR 2020 LINDSAY (2p) 1 - 20 Birth Certificate of Charles Arnold Walker (1p) 19 SEP 2018 1 - 21 Email Authority for Autopsy – Jean Brown (1p) 10 NOV 2019 1 - 22 PROMIS 9126489 re unlawful entry 06.11.19 06 NOV 2019 1 – 22A PROMIS No.9126489 photographs x5 1 - 23 PROMIS 9128959 re unlawful entry 09.11.19 09 NOV 2019 1 - 24 PROMIS 9129310 re unlawful entry 09.11.19 09 NOV 2019 1 – 24A PROMIS No.9129310 photograph x 1 1 - 25 PROMIS 9129313 re unlawful entry 09.11.19 09 NOV 2019
PART 2 BACKGROUND MATERIAL – WALKER Chronologies and summaries 2 - 1 History of Charles Arnold WALKER (54p) 2 - 2 Timeline of the life of Charles Arnold Walker (104p) 2 - 3 Chronology – KUMANJAYI WALKER aka Arnold WALKER – Territory Families (17p) 2 - 4 Genogram supplied by Leanne OLDFIELD (1p) 02 JUL 2001 2 – 4A Walker’s family tree (2p) 2 – 4B Walker timeline 15.10.19-10.11.19 (3p) 2 – 4C Walker – Criminal history Health Records Inpatient Admission Records 2 - 5 Inpatient Admission Record NT Health – Arnold WALKER 13 OCT 2000 (6p) ‐ 2 - 6 Inpatient Admission Record – NT Health – Arnold WALKER 29 OCT 2000 (43p) 2 - 7 Inpatient Admission Record – NT Health – Arnold WALKER 04 MAR 2001
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A (28p) 2 - 8 Inpatient Admission Record – NT Health – Arnold WALKER 12 MAY 2001 (35p) 2 - 9 Inpatient Admission Record – NT Health – Arnold WALKER 17 JUN 2001 (27p) 2 - 10 FACS CASE PLAN authored by Kathleen LEAHY (2p) 27 JUN 2001 2 - 11 Inpatient Admission Record – NT Health – Arnold WALKER 06 SEP 2001 (27p) 2 - 12 Inpatient Admission Record – NT Health – Arnold WALKER 19 OCT 2001 (17p) 2 - 13 Inpatient Admission Record – NT Health – Arnold WALKER 25 NOV 2001 (24p) 2 - 14 Inpatient Admission Record – NT Health – Arnold WALKER 12 FEB 2002 (16p) 2 - 15 Inpatient Admission Record – NT Health – Arnold WALKER 26 SEP 2002 (27p) 2 - 16 NT Health Growth charts (3p) 2000-2003 Katherine Hospital Medical Records 2 - 17 Katherine Hospital Medical Records (61p) 12 JAN 2009 2 - 18 Student Enrolment History (1p) 2007-2014 2 - 19 Inpatient Admission Record – NT Health – Arnold WALKER 21 JUL 2018 (14p) 2 - 20 Remote Health Medical Records Client Summary report (140p) 25 JUL 2018 -
30 JUN 2019 2 - 21 Wurli Wurlinjang Health Service Patient Summary (22p) 06 AUG 2020 2 - 22 Drug & Alcohol Services Australia (DASA) – Intervention 08 OCT 2020 History Email from Yasitha MALALASEKARA, Residential Manager (9p) Alice Springs Hospital records 2 - 23 Alice Springs Hospital Records 13 October 2000 – 10 13 OCT 2000 November 2019 -
10 NOV 2019 a. Inpatient admission records, b. Correspondence, c. Pathology reports, d. Radiology reports, e. Diagnostics, f. Emergency Department records,
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A g. Outpatient records, h. Referrals CAAPU records 2 - 24 Central Australian Aboriginal Alcohol Programmes Unit 07 DEC 2018 (CAAPU) Records date 07 December 2018 – 29 October 2019 -
29 OCT 2019 Central Australia Health Service file – 2 - 25 Central Australian Health Service file (605p) 13 OCT 2000 –
13 JUL 2019 Police/ Corrections/Custodial history 2 - 26 IJIS Watch house custody reception and offender journal – 09 JAN 2014 IJIS Episode Number 715712 (4p) 2 - 27 Statutory Declaration of Kerri Anne CHILVERS (4p) 07 MAY 2014 2 - 28 Statutory Declaration of Polic‐e Officer Trent BERRY (6p) 13 MAY 2014 2 - 29 NT Community Corrections Integrated Offender Management 30 APR 2014 System (IOMS) Contact Summary List (146p) –
14 NOV 2019 2 - 30 Custody Incident or Illness Report (CIIR) PROMIS Case: 13 MAY 2014 6359757 (4p) ‐ 2 - 31 Letter from Kerri Anne CHILVERS to Magistrate (3p) 05 JUN 2014 2 - 32 NT Community C‐orrections Pre Sentence Report authored by 24 JUL 2014 Kelly MADDICK(8p) ‐ 2 - 33 NT Police PROMIS Case 6411693 – Assault on Arnold 24 JUL 2014 WALKER (4p) 2 - 34 Letter of Melissa MAY, BushMob Incorporated, to Magistrate 22 DEC 2014 re: Discharge from BushMob Program (2p) 2 - 35 Statutory Declaration of Rekeshia ROBERTSON (8p) 15 APR 2016 2 - 36 NT Police PROMIS Case 7911791 – Resist Arrest / Agg 12 AUG 2016 assault (Rekeshia ROBERTSON) (16p)
(a) Statutory Declaration of Rekeshia ROBERTSON – Date: 12/8/2016
(b) Photo Index: Injuries of Rekeshia ROBERTSON – Date: 12/8/2018
(c) Statutory Declaration of Lottie ROBERTSON – Date: 12/8/2016
(d) Statutory Declaration of Breanna BONNEY – Date:
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 19/8/2016 2 - 37 Community Corrections Bail Assessment Report, authored by 18 AUG 2016 Kelly MADDICK – Ordered for: 19/8/2016 (5p) 2 - 38 Letter of Daniel Ryan, Papunya Youth Development, to Kerri- 11 NOV 2016 Anne Chilvers (2p) 2 - 39 Community Corrections Assessment of Offender Suitability for 17 NOV 2016 General Supervision, authored by Katie MURPHY (3p) 2 - 40 IJIS Watch house custody reception and offender journal – 12 FEB 2017 IJIS Episode Number 823234 – Aggressive episode in cells (6p) 2 - 41 NT Police PROMIS Case 8076895 – resist arrest (16p) 18 FEB 2017
(a) Use of Force – Case Note Entry,
(b) Statutory Declaration of Cedric EGAN,
(c) Statutory Declaration of Helen HOLCROFT,
(d) Statutory Declaration of James ROSE 2 – 41A Dog bite – PROMIS 05 MAR 2017 2 – 41B Dog bite – statement of facts 05 MAR 2017 2 – 41C Dog bite – Use of Force case note 05 MAR 2017 2 - 42 NT Police PROMIS Case 8089676 – resist arrest (18p) 06 MAR 2017
(a) Use of Force – Case Note Entry – Colin ROBSON,
(b) Statutory Declaration of Colin ROBSON,
(c) Statutory Declaration of Elizabeth WILLIAMS,
(d) Statutory Declaration of Franco CAPOLONGO 2 - 43 Letter of Sergeant Greg Burns, Alice Springs Youth Diversion 09 MAR 2017 Unit, to Probation and Parole Officer Marion WALKER (1p) 2 - 44 Community Corrections Pre Sentence Report, authored by 20 MAR 2017 Scott WEILY (11p) ‐ 2 - 45 Department of Children and Families Court Report of Agnes 12 APR 2017 Kenyunyuzi – Youth Justice Act s51 (8p) 2 - 46 Report of Kate CRAWLEY, Forensic Psychologist for Northern 02 MAY 2017 Territory Community Corrections (p) 2 - 47 NT Community Corrections - Movement History – Completed 14 JUL 2017 Offender movement only (4p) -
21 OCT 2019 2 - 48 NT Police PROMIS Case 8661550 – Resist Police / Assault 16 JUL 2018 Police (24p)
(a) Statutory Declaration of Brad SERCOME
(b) Statutory Declaration of Regan RANDLE
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A
(c) Case Note Entry CIIR V2 – Author: Emma MERKER
(d) Case Note Entry Use of Force – Author: David ‐
(e) Case Note Entry – CIIR V2 – Author: David MUNRO 2 - 49 Letter from Kerri Anne CHILVERS to Magistrate (-) 17 JUL 2018 2 - 50 NT Community C‐orrections Youth Detention Centre Case 07 SEP 2018 Notes, authored by Christabelle ROBERTS (6p) 2 - 51 Transcript of Proceedings (Sentencing Remarks) – Judge J. 02 OCT 2018 BAMBER (6p) 2 - 52 Alice Springs Correctional Facility Prisoner Telephone System 01 JUN 2019 (PTS) 1/6/2019 to 6/11/2019 (3p) –
6 NOV 2019 ‐ 2 - 53 Transcript of Proceedings – Sentencing Remarks of Judge 26 JUN 2019 BIRCH (4p) 2 - 54 Alice Springs Correctional Facility Through Care Plan – 13 AUG 2019 Author: D. WILLIAMS (9p) 2 - 55 Assault Police incident 06 Sep 2019 (55p) 2 - 56 Breach Order Investigation (34p) 29 OCT 2019 2 - 57 2 Community Corrections Application for breach of order 05 NOV 2019 suspending sentence and related paperwork (9p) 2 - 58 NT Police PROMIS Case 9191115 Case Note Entry 0235 11 AUG 2020 Telephone conversation with Maxin‐e BOLLARD (2p) 2 - 59 BushMob Intervention History - email from Nirajan DHAREL, 08 OCT 2020 Facility Manager (3p) 2 - 60 NT Police Promis Case note (11p) 2 - 61 IOMS records 2 – 61A Warrant of imprisonment documents (49p) 26 JUN 2019 2 – 61B Email David McLean, On Call Electronic Monitoring re request 29 OCT 2019 for arrest (20p) 2 – 61C Walker – Crystal report (5p) 2 – 61D Criminal history and PROMIS involvements (40p) 2 – 61E Custodial episode history (2p) 2 – 61F IOMS Contact summary (3p) 01 NOV 2019 2 – 61G IOMS Corrections document (142p) 2 – 61H All Youth Justice documents (3258p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Territory Families Reports 2 - 62 Territory Families Progress Note (130p) 03 APR 2001 -
26 MAY 2018 2 - 63 FACS Intake Form (3p) – Phil Hassall 19 FEB 2002 2 - 64 Department of Children and Families Initial Referral Report – 19 FEB 2002 Child Protection Teams (4p) 2 - 65 Department of Children and Families Initial Referral Report – 21 MAY 2002 Child Protection Teams - Case ID: 70675 (3p) 2 - 66 Department of Children and Families General Case Closure 9 APR 2003 Summary, authored by Veronica LYNCH – Case ID: 70675 (4p) 2 - 67 NT Police Support Request Overview – Referrer: Anne 12 MAY 2014 JOLLEY – SLR: 264193 (2p) 2 - 68 Territory Families Child Protection Report, authored by 07 NOV 2014 Selesitine MAUGATAI (6p) 2 - 69 Department of Children and Families General Case Closure 24 MAR 2015 summary, authored by Megan HUSSEY (2p) 2 - 70 NT Police Support Request Overview – Referrer: Anne 11 SEP 2015 JOLLEY – SLR: 380542 (2p) 2 - 71 Department of Children and Families General Case Closure 15 DEC 2015 Summary, authored by Melissa MAYBERY (3p) 2 - 72 NT Police Support Request Overview – Referrer: Anne 16 APR 2016 JOLLEY – SLR: 410959 (2p) 2 - 73 Territory Families Child Protection Investigation summary 16 JUN 2016 Report, authored by Gemma GERBICZ (5p) 2 - 74 Department of Children and Families General Case Closure 13 JUN 2017 summary, authored by Liz MAPSTONE (3p) 2 - 75 Department of Children and Families Child Protection 20 SEP 2017 Investigation Summary Report, authored by Liz MAPSTONE (35p) 2 - 76 Department of Children and Families General Case Closure 03 NOV 2017 summary, authored by Kerstin WAY (3p) 2 - 77 Territory Families Bail Assessment Report, authored by 17 MAY 2018 Richard KRUGER (3p) 2 - 78 Territory Families Child Protection Report, authored by Monika 26 MAY 2018 JEDNOUS (11p) 2 - 79 Territory Families Pre Sentence Report, authored by Richard 29 JUN 2018 ‐
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A KRUGER (11p) 2 - 80 Territory Families Pre Sentence Report, authored by Petina 01 OCT 2018 RICE (7p) ‐ 2 - 81 Territory Families Confidential Bail Assessment Report, 06 DEC 2018 authored by Richard KRUGER (3p) 2 - 82 Territory Families Compliance Report, authored by Richard 12 MAR 2019 KRUGER (9p) 2 - 83 DV history between Leanne OLDFIELD and Sampson 23 SEP 2020 ANTHONY (3p) 2 - 84 DV history between Selena LANE and Ricky ROWE (2p) 23 SEP 2020 2 – 84A Office of the Children’s Commissioner letter to Territory 11 JUL 2017 Families (1p) 2 – 84B All child protection documents (722p) Relevant legislation 2 - 85 Community Welfare Act – In Force between 12/07/2000 to 9/12/2002 (49p) 2 - 86 Care and Protection of Children Act – In Force between 12/4/2017 to 14/11/2018 (27p)
PART 3 BACKGROUND MATERIAL – CONSTABLE ROLFE Recruitment and Training 3 - 1 NT Police Recruitment File reference check- Corinne Smith 3 - 2 Email Correspondence and certificates- Trojan Securities (12p) 3 - 3 Statement Sgt Kevin Agnew 23 JAN 2020 3 - 4 NT Police Application- Rolfe 3 - 5 Statement Superintendent Sharma 3 - 6 AIFP Psychiatric profiling Report 3 - 7 NT Police Interview Panel recommendations 3 - 8 NT Police Interview Notes 3 - 9 Police Recruit Training- Exam 1 3 - 10 Squad rec Timetable 3 - 11 Police Recruit Training- Exam 6 3 - 12 Scenario Skill Technique
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 13 Squad 129 Exam Results 3 - 14 Statement Snr Sgt Marshall re Police training 24.2.2020 3 - 15 Statement Snr Sgt Megan Blackwell re Police training 3.3.2020 3 - 16 Constable Bradley Lynch re training with Constable Rolfe 3 - 17 Statement Constable M Lanigan (3p)- Recruit on Squad 129 2.3.2020 3 - 18 Statement Constable Patrick Smith (4p)- Member of squad 24.2.2020 3 - 19 Statement Constable Lesley Anderson (4p) - Member of squad 24.2.2020 3 - 20 Calls for EOI for IRT training 3 - 21 IRT SOP including approval memos 3 - 22 IRT Induction Course material 3 - 23 TRG assignment
3 - 24 HR RECRUITMENT FILE 3 - 25 Career Review - Const Zachary ROLFE 3 - 26 Email correspondence CEO Ronin 3 - 27 Statement Superintendent Virginia Read 3 - 28 Police Gazette 3 - 29 Bravery article 3 - 30 AXON records 3 - 31 ANZPAA – Deploy of Police to High Risk Situations 3 - 32 Statement – Senior Sergeant James Gray-Spence, re IRT 23/10/20 3 - 33 TRIM file- IRT 3 - 34 EOI Cordon and Containment course 3 - 35 Email corro – Comd Currie – SSgt Williams 3 - 36 IRT Induction Course – Joining Instructions 3 - 37 TRG Training records 3 - 38 PROMIS Case Note Entry – 8854742 3 - 39 TRG Training Transcript 3 - 40 TRG Training Transcript 3 - 41 TRG Training Transcript
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 42 Load Bearing Vest – Business Case 3 - 43 Patrol Riffle – Business Case 3 - 44 Operation Moor Review 3 - 45 ABC News – militarisation of police 3 - 46 Ben Beede – Paramilitary and Militarized Police 3 - 47 Soldiers as Police Officers Police Officers 3 - 48 David Baker, Crime Law Society, 2009 3 - 49 Rolfe Bath Street Medical Centre records 3 - 50 Pharmaceutical Benefit Scheme records 3 – 50A NT Police recruitment file for Zachary Rolfe (88p) 3 – 50B NT Police employment person location record (1p) 27 FEB 2020 3 – 50C Rolfe training record (2p) 3 – 50D ABC News article “Alice Springs police officers swim through 28 DEC 2016 floodwaters to rescue two stranded tourists” 3 – 50E ABC News article “Police officers recognised with national 29 MAR 2018 bravery medals for dangerous Alice Springs river rescue” 3 – 50F The Canberra Times article “Zach Rolfe, son of Richard and 05 APR 2018 Debbie, receives highest bravery award” Interstate and Federal records 3 - 51 Vic Pol Recruitment Correspondence 3 - 52 Email from Inspector Caroline West, Victoria Police (4p) 20 MAY 2020 3 - 53 Statement Caroline West, Victoria Police (73p) 25 JUN 2020 3 - 54 Extract of Rolfe’s application for Victoria Police (2p) 3 - 55 Email Giannulidis Victoria Police – no criminal history (4p) 05 JUN 2020 3 - 56 Expression of Interest for Queensland Police (14p) 01 FEB 2016 3 - 57 Email Terry Poole – QLD Police – no intelligence holdings (6p) 09 JUN 2020 3 - 58 QLD Police Report – involving Rolfe – 23/12/2011 (1p) 23 DEC 2011 3 – 58A Email from Stephen Quinn QLD Police (9p) 23 JUN 2020 3 - 59 WA Police application (18p) 02 FEB 2016 3 - 60 Email Manju Subramanian, WA Police re nil criminal history 05 JUN 2020 (4p) 3 - 61 Email Marianne Walker, AFP – no outcomes (5p) 08 JUN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 62 Email Judith Crowley, SA Police – infringement only (4p) 05 JUN 2020 3 - 63 Email Brett Walsh, Tas Police – no record (4p) 05 JUN 2020 ADF Records 3 - 64 EVANS, Tracey (14p) (ADF) 12 JUN 2020 3 – 64A ADF Employment application extract (1p) 21 JAN 2010 3 – 64B ADF Service History (7p) 17 DEC 2019 3 – 64C ADF Service Certificate (1p) 03 MAY 2015 3 – 64D ADF Conduct record (98p) 3 – 64E Department of Defence Application for special Forces (4p) 28 AUG 2014 3 – 64F Special Operations Command Application Other NT Police records 3 - 65 Rolfe’s police partners in his career (1p) 3 - 66 Letter Tindall Gask Bentley Lawyers to Senior Sergeant Mark 12 NOV 2019 Grieve (3p) 3 - 67 Letter Tindall Gask Bentley Lawyers to Senior Sergeant Mark 13 NOV 2019 Grieve (2p) 3 - 68 Email of Ag Deputy Commissioner Michael White re Rolfe 13 NOV 2019 going to Canberra with his mother (1p) 3 - 69 Email of Commander Daniel Bacon attaching Rolfe notice of 14 NOV 2019 suspension (6p) 3 - 70 Email “RE: Operation Charwell – Rolfe’s application for 18 MAR 2020 employment, NTPF” Anticich, Read (3p) Prior complaints / incidents 3 - 73 Complaint Against Police 2017-272 (Castine) (8p) 29 AUG 2017 3 - 74 PSC Investigation file - CAP2017-272 - CASTINE, Richard (16p) 3 - 75 NT Police internal memorandum from Detective Senior 18 DEC 2017 Constable Paul PARKYANI (5p)
3 - 76 CAP2018-302 - TG 11 AUG 2018 3 - 77 CAP2018-302 - TG – BWV (27p) 3 – 77A Letter Ombudsman to NAAJA re TG 12 SEP 2018 3 - 78 Complaint Against Police - 2019-116 (Cleveland Walker) (8p) 02 APR 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 79 CAP2019-116 - WALKER, Cleveland – draft (194p) 3 - 80 CAP2019-116 - WALKER, Cleveland BWV 3 - 81 CAP2019-116 - WALKER, Cleveland – EROI 3 - 82 CAP2019-116 - WALKER, Cleveland – WHS CCTV 3 – 82A PROMIS 8927087 Case Note 44079738(Cleveland WALKER) 01 APR 2019 3 - 83 NAAJA letter to Office of the Ombudsman re Antonio Woods 15 JAN 2020 3 - 84 Email from Detective Superintendent Virginia Read to the 05 JUL 2019 Ombudsman’s Office Ryder matter 3 - 85 File Index IntInv 2019-044 (4p) 3 - 86 Complaint Against Police – 2018-186 (Ryder) (30p) 3 - 87 Complaint against Police 2018-186 IAPro Summary (5p) 3 - 88 Internal Investigation 2019-044 IAPro Summary (9p) 3 - 89 Ryder statement of facts (7p) 06 JUN 2018 3 - 90 Image of Ryder raising right arm threateningly – still from BWV (1p) 3 - 91 Photo Index – Rolfe injuries (3p) 11 JAN 2018 3 - 92 000 Calls 3 - 93 Radio calls 3 - 94 BWV Geranios 11 JAN 2018 3 - 95 Timeline of Geranios BWV (2p) 3 - 96 Mobile phone footage of Rebecca Hayes – front of 3 Saltwell 11 JAN 2018 St 3 - 97 Extract from transcript of Mobile phone footage of Rebecca 11 JAN 2018 Hayes – front of 3 Saltwell St (5p) 3 - 98 Mobile phone footage of Rebecca Hayes – after Ryder injured 11 JAN 2018 3 - 99 Extract from transcript of Mobile phone footage of Rebecca 11 JAN 2018 Hayes – after Ryder injured (3p) 3 - 100 Patrol Group 3 roster (1p) 3 - 101 Floor plan for Logan Units (1p) 3 - 102 PROMIS 8391303 case summary (4p) 11 JAN 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 103 PROMIS 8391540 case summary (3p) 11 JAN 2018 3 - 104 PROMIS 8391540 UOF CNE (4p) 11 JAN 2018 3 - 105 CIIR Case note 43830769 (3p) 12 JAN 2018 3 - 106 Case Note: (43850806) UOF REVIEW - SENIOR OFFICER 14 FEB 2018 MANLEY (2p) 3 - 107 Statement – Constable Breanna Bonney (5p) 11 JAN 2017 3 - 108 Initial Email Response to Complaint – Constable Breanna 23 AUG 2018 Bonney (5p) 3 - 109 Transcript – Bonney evidence (15p) 03 SEP 2018 3 - 110 Statement – Constable Cameron Chatterton (4p) 28 MAR 2018 3 - 111 Initial Email Response to Complaint – Constable Cameron 16 AUG 2018 Chatterton (3p) 3 - 112 Transcript – Chatterton not called (3p) 02 APR 2019 3 - 113 Statement – Constable Brett Geranios (8p) 11 JAN 2018 3 - 114 Statement – Addendum – Constable Brett Geranios (4p) 04 DEC 2019 3 - 115 Initial Email Response to Complaint – Constable Brett 09 AUG 2018 Geranios (7p) 3 - 116 Transcript Geranios evidence (36p) 03 SEP 2018 3 - 117 Statement – Constable Maxwell Lehrain (4p) 07 MAR 2018 3 - 118 Initial Email Response to Complaint – Constable Maxwell 04 SEP 2018 Lehrain (3p) 3 - 119 Transcript – Lehrain evidence (22p) 02 APR 2019 3 - 120 Statement – Constable Zachary Rolfe (5p) 11 JAN 2018 3 - 121 Initial Email Response to Complaint – Constable Zachary 08 AUG 2018 Rolfe (5p) 3 - 122 Transcript – Rolfe evidence (40p) 03 SEP 2018 3 - 123 Statement – Constable Xhenita Zendeli (4p) 11 JAN 2017 3 - 124 Initial Email Response to Complaint – Constable Xhenita 05 SEP 2018 Zendeli (6p) 3 - 125 Transcript – Zendeli evidence (40p) 02 APR 2019 3 – 125A Transcript – Malcolm RYDER EROI 11 JAN 2018 3 - 126 Statutory declaration – Malcom Ryder (2p) 07 AUG 2018 3 - 127 Transcript – Ryder evidence (14p) 03 APR 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 128 ASH and St Johns Medical Reports M. Ryder (6p) 11 JAN 2018 3 - 129 Statutory declaration – Rebecca Hayes (2p) 07 FEB 2018 3 - 130 Transcript – Hayes evidence (14p) 02 APR 2019 3 - 131 Statement – Transcript – Patricia Multa (11p) 30 NOV 2019 3 - 132 PSC investigation CAP2018-186 File cover and index (3p) 3 - 133 NAAJA letter of complaint (4p) 3 - 134 Email correspondence from NAAJA (6p) 05 JUN 201807 AUG 2018 3 - 135 Email Sgt Roche re NAAJA complaint(4p) 06 JUN 2018 3 - 136 Final report of Acting Senior Sergeant Dion Roche (29p) 03 OCT 2018 3 - 137 Letter Assistant Commissioner Peter Gallagher to 04 OCT 2018 Ombudsman’s Office (4p) 3 - 138 Letter Assistant Commissioner Peter Gallagher to NAAJA (5p) 04 OCT 2018 3 - 139 Notes to Prosecutor (2p) 3 - 140 Police v Malcolm Ryder (21801980) - Local Court transcript 03 SEP 2018 (102p) 3 - 141 Police v Malcolm Ryder (21801980) - Local Court transcript 02 APR 2019 (87p) 3 - 142 Police v Malcolm Ryder (21801980) - Local Court transcript 03 APR 2019 (36p) 3 - 143 Police v Malcolm Ryder (21801980) - Local Court transcript 09 MAY 2019 (8p) 3 - 144 PSC Internal Investigation 2019-044, Opinion file submitted by 17 OCT 2019 DS Kennon re perjury investigation (Ryder matter) (19p) 3 - 145 PROMIS 9021716 NT Police memorandum – DetSgt Kennon 05 DEC 2019 Opinion – perjury (18p) 3 - 146 NT Police Memorandum – Det A/Snr Sgt Jakson Evans – 12 DEC 2019 opinion file 21944804 (6p) 3 - 147 NT Police Memorandum – Superintendent Richard Bryson – 23 DEC 2019 Opinion Files Rolfe 21944804 & Zendeli 21944805 (3p) 3 - 148 Opinion file submitted by Detective Acting Senior Sergeant 21 FEB 2020 Jakson Evans re allegation of perjury (Ryder matter) (65p) 3 - 149 Daniel Bacon Emails re The Gumment posts (5p) 26 NOV 2019 3 - 150 Emails in relation to Ryder investigation (15p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 3 - 151 Statement of Andrew BARRAM (22p) 26 MAR 2020 3 - 152 Transcript - Statement of Claudia CAMPAGNARO Transcript 19 AUG 2020 (92p) 3 - 153 162(7) Extension Internal Memo (4p) OCT 2019 3 - 154 IntInv2019-044 - Zachary Rolfe - Judge Extension (2p) 08 APR 2020 Non-disclosure matter – Internal Investigation 2020-007 3 - 155 File Index IntInv 2020-007 (2p) 3 - 156 IAPro Summary IntInv2020-007 (3p) 3 - 157 Email from Officer to Leafe – declining EROI (2p) 10 JUL 2020 3 - 158 Email Read to DPP – confirming nil prosecution (2p) 06 JUL 2020 3 - 159 PAYNE, STEPHEN–statement (40p) 29 APR 2022 3 - 160 PHAM, William (AFP)–statement (3p) 18 MAR 2021 3 - 161 Apple iPhone Xs (A1920) extraction report –redacted (8047p) 01 OCT 2020 Images and videos Other 3 - 162 PROMIS 9005467 22 June 2019 – BWV of Officers Cramp- 22 JUN 2019 Harding, Hansen, Heffernan, Rolfe, Sykes, Westerhuis - + video of BWV & Case Note 44123339 (Christopher WALKER) 3 - 163 NT Police Professional Standards Command file for CAP2019342 - MADRILL, Luke, including BWV Rolfe, Kirstenfeldt, Nwakor-Osaji, watch house footage 3 - 164 NT Police Professional Standards Command file for CAP2020027 - WOODS, Antonio, including BWV Kirstenfeldt, Hansen and Heffernan; directed interviews of Hansen and Kirstenfeldt 3 - 165 NT Police Internal Investigation Intinv2020-001 - 12 October 2019 3 - 166 NT Police Internal Investigation IntInv2020-033 - 18 February 2019 3 - 167 NT Police Internal Investigation Intinv2021-006 - BWV dissemination 3 - 168 PROMIS Summary 9072699 08 SEP 2019 3 - 169 AXON_Body_2_Video_2019-09-08_0417 08 SEP 2019 3 - 170 AXON_Body_2_Video_2019-09-08_0418 08 SEP 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Ombudsman investigations still in progress – TBA Police investigation still in progress - TBA
PART 4 SHOOTING ON 9 NOVEMBER 2019 Body Worn video and transcripts of 9 November 2019 4 - 1 USB containing body worn video of 9 November in Yuendumu 4 - 2 Body worn video transcripts- Con Adam Donaldson (36p) 09 NOV 2019 4 - 3 Body worn video transcripts- Constable First Class Adam Eberl 09 NOV 2019 4 - 4 Body worn video transcripts- Constable First Class Hawkins 09 NOV 2019 4 - 5 Body worn video transcripts- Constable James Kirstenfeldt 09 NOV 2019 4 - 6 Body worn video transcripts- Constable Zachary Rolfe 09 NOV 2019 4 - 7 Yuendumu Police Station CCTV (video files) JESCC Records 4 - 8 JESCC Calls – timeline (1p) 4 - 9 JESCC P19277490 Event Chronology (8p) 09 NOV 2019 4 - 10 JESCC P19277512 Event Chronology (1p) 09 NOV 2019 4 - 11 JESCC P19277521 Event Chronology (1p) 09 NOV 2019 4 - 12 JESCC P19277522 Event Chronology - St John Call (2p) 09 NOV 2019 4 - 13 JESCC P19277619 Event Chronology (1p) 09 NOV 2019 4 - 14 JESCC P19277621 Event Chronology (1p) 09 NOV 2019 4 - 15 JESCC P19277667 Event Chronology (1p) 09 NOV 2019 4 - 16 JESCC Audio of calls (15) 09 NOV 2019 4 - 17 Phone records between Nobbs and Wurst on 09 November 09 NOV 2019 2019 (2p) 4 - 18 Phone records – Nobbs – 05-09 November 2019 (83p) Facebook Live videos by Samara Fernandez-Brown 4 – 18A 1A. Video by Samara Fernandez-Brown taken 9 November 2019 at 8:04pm
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 4 – 19 1. my cousin just got shot- dont know how he is 4 – 20 2. Still waiting for news 4 – 21 3. Still no info- plane is coming in 40 minutes. ambulance is there 4 – 22 4. 4 hours later. Still no news 4 – 23 5. Sitting on the ground waiting 4 – 24 6. Sitting waiting still - cant use Mr Nelson in video 4 – 25 7. Police going to airstrip 4 – 26 8. Last update of the night. He_s gone in the plane 4 – 27 9. Sorry business 4 – 28 10. Sorry business
PART 5 INVESTIGATION OF SHOOTING ON 9 NOVEMBER 2019 5 - 1 Opinion file submitted to DPP 5 - 2 Rolfe Initial arrest file Incident Management Team Minutes 5 - 3 Scribe notes for Supt Nobbs 2020hrs 09/11/2019 – 0110hrs 09 NOV 2019 10/11/2019 5 – 3A Minutes of the Yuendumu Agency Response (9p) 10 NOV 2019 5 - 4 IMT Minutes – 1 – 10/11/2019 10 NOV 2019 5 - 5 IMT Minutes – 2 – 10/11/2019 10 NOV 2019 5 - 6 IMT Minutes – 3 – 11/11/2019 11 NOV 2019 5 - 7 IMT Minutes – 4 – 12/11/2019 12 NOV 2019 5 - 8 IMT Minutes – 5 – 12/11/2019 12 NOV 2019 5 - 9 IMT Minutes – 6 – 13/11/2019 13 NOV 2019 5 - 10 IMT Minutes – 7 – 14/11/2019 14 NOV 2019 5 - 11 IMT Minutes – 8 – 14/11/2019 14 NOV 2019 5 - 12 IMT Minutes – 9 – 15/11/2019 15 NOV 2019 Joint Management Committee Minutes 5 - 13 JMC Minutes – JMC # 1 – 1430hrs – 22/11/19 22 NOV 2019 5 - 14 JMC Minutes – JMC # 2 – 1130hrs – 29/11/2019 29 NOV 2019 5 - 15 JMC Minutes – JMC # 3 – 0930hrs – 13/12/2019 13 DEC 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 5 - 16 JMC Minutes – JMC # 4 – 1000hrs – unknown date (likely mid DEC 2019 to late December) 5 - 17 JMC Minutes – JMC # 5 – 0955hrs – 03/01/2020 03 JAN 2020 5 - 18 JMC Minutes – JMC # 6 – 0830hrs – 17/01/2020 17 JAN 2020 5 - 19 JMC Minutes – JMC # 7 – 1330hrs – 06/02/2020 06 FEB 2020 5 - 20 JMC Minutes – JMC # 8 – 1000hrs – 14/02/2020 14 FEB 2020 5 - 21 JMC Minutes – JMC # 9 – 1130hrs – 03/04/2020 03 APR 2020 5 - 22 JMC Minutes – JMC # 10 – 0930hrs – 08/05/2020 08 MAY 2020 5 - 23 JMC Minutes – JMC # 11 – 1130hrs – 27/08/2020 27 AUG 2020 Briefing notes 5 - 24 Briefing Note 1 – issued at 1600hrs 10/11/2019 10 NOV 2019 5 - 25 Briefing Note 2 – issued at 1600hrs 11/11/2019 11 NOV 2019 5 - 26 Briefing Note 3 – issued at 1745hrs 12/11/2019 12 NOV 2019 5 - 27 Briefing Note 4 – issued at 1245hrs 22/11/2019 22 NOV 2019 5 - 28 Briefing Note 5 – issued at 1740hrs 28/11/2019 28 NOV 2019 5 - 29 Briefing Note 6 – issued at 1500hrs 12/12/2019 12 DEC 2019 5 - 30 Briefing Note 7 – issued at 1600hrs 18/12/2019 18 DEC 2019 5 - 31 Briefing Note 8 – issued at 1200hrs 02/01/2020 02 JAN 2020 5 - 32 Briefing Note 9 – issued at 1620hrs 16/01/2020 16 JAN 2020 5 - 33 Briefing Note 10 – issued at 1000hrs 06/02/2020 06 FEB 2020 5 - 34 Briefing Note 11 – issued at 0900hrs 13/02/2020 13 FEB 2020 5 - 35 Briefing Note 12 – issued at 1500hrs 02/04/2020 02 APR 2020 5 - 36 Briefing Note 13 – issued at 0900hrs 07/05/2020 07 MAY 2020 5 - 37 Briefing Note 14 – issued at 1600hrs 26/08/2020 26 AUG 2020 5 - 38 Briefing Note 15 – issued at 1400hrs 10/11/2020 10 NOV 2020 Case Management Meeting Notes 5 - 39 Email from Pennuto providing update of investigation 14 NOV 2019 5 - 40 Case Management Meeting - 19/11/2019 19 NOV 2019 5 - 41 Case Management Meeting - 20/11/2019 20 NOV 2019 5 - 42 Case Management Meeting - 26/11/2019 26 NOV 2019 5 - 43 Case Management Meeting - 02/12/2019 02 DEC 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 5 - 44 Case Management Meeting - 16/12/2019 16 DEC 2019 5 - 45 Email from Pennuto providing update of investigation – 18 DEC 2019 18/12/2019 5 - 46 Case Management Meeting - 13/01/2020 13 JAN 2020 5 - 47 Case Management Meeting - 02/02/2020 02 FEB 2020 5 - 48 Emails Beer/ Wurst about community concerns (2p) 11 NOV 2019 5 - 49 Email Bacon - referral to ICAC and related emails (6p) 18 NOV 2019 5 - 50 Email from ICAC to Police (2p) 20 NOV 2019 5 - 51 Email correspondence between Pennuto / Dole / Bacon / 20 NOV 2019 Porter re engagement of S/Sgt Barram as a subject matter expert (15p) 5 - 52 Letter Hearn Legal to Superintendent Pennuto (3p) 22 NOV 2019 5 - 53 NT Police Internal Memorandum – A/Cmd Dole – Operation 25 NOV 2019 Charwell – Structure and Resourcing (12p) 5 - 54 Risk assessment for Walker (1p) 02 DEC 2019 5 - 55 NT Police memo “Coronial Investigation – Matters of interest to 24 MAR 2020 the Coroner” by Superintendent Pollock (2p) 5 - 56 Email correspondence “PSC Response to Operation Charwell” 12 JUN 2020 Pollock (6p) 5 - 57 Email correspondence “RE: PSC Response to Operation 12 JUN 2020Charwell” Anticich, Pollock (2p)
15 JUN 2020 5 - 58 Email correspondence “Yuendumu Visit” Griffiths (1p) 19 JUN 2020 5 - 59 Email correspondence “Charwell Response” Anticich (6p) 24 JUN 2020 5 - 60 NT Police Internal Memorandum – Supt Pollock to AC Anticich 20 OCT 2020 re evidence provided by Detective Senior Sergeant Andrew Barram (4p) 5 – 60A Emails between AC Anticich and Cmr O'Brien 20.11.19- 20 NOV 2019 22.06.20 –
22 JUN 2020 5 – 60B Supt Pollock - Interim Report 1 03 DEC 2019 5 – 60C Supt Morgan - Interim Report 2 25 FEB 2020 5 – 60D Memo 02.06.20 TRM04.D20.36329 Re Outstanding Police 02 JUN 2020 Statements
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 5 – 60E Memo 23.07.20 TRM 04.D20.30820 Charwell Coronial - 23 JUL 2020 Request for Extension Beyond 6 Months 5 – 60F Memo 27.07.20 TRM04.D20.46698 Confirmation of role and 27 JUL 2020 responsibility of Commander Coronial position 5 – 60G Memo 19.08.20 Charwell Coronial Investigation JMC No 2 19 AUG 2020 5 - 60H Operation Charwell Coronial - JMC Meeting 2 Minutes - 21 AUG 2020
21.08.20 ENDORSED 5 – 60I Operation Charwell Coronial - JMC Meeting No. 3 - Minutes 21 OCT 2020 21.10.20 5 – 60J Operation Charwell Coronial - JMC Meeting No. 3 - Status 21 OCT 2020 Report 21.10.20 5 – 60K Operation Charwell Coronial - JMC Meeting No. 4 Minutes - 27 NOV 2020 27.11.20 5 – 60L Memo 01.12.20 - Operation Charwell Status - JMC 5 01 DEC 2020 PSC Investigation CUST2019-027 5 - 61 File index (3p) 5 - 62 IAPro Summary for Cust2019-027 (9p) 5 - 63 Affidavit of Cdr Bacon - CHARWELL Judge extension (11p) 06 APR 2020 5 - 64 Section 76A & 84G Notice - Zachary Rolfe and POS (4p) 13 NOV 2019 5 - 65 162(7) Extension Nobbs Vicary Furniss Dash Bauwens 24 APR 2020 Simpson McCormack Cust2019-027 (5p) 5 - 66 S162(9) Extension - Cust2019-027 - Adam Donaldson - Judge 04 APR 2020 Extension (2p) 5 - 67 S162(9) Extension - Cust2019-027 - Adam Eberl - Judge 04 APR 2020 Extension (2p) 5 - 68 S162(9) Extension - Cust2019-027 - Anthony Hawkings - 04 APR 2020 Judge Extension (2p) 5 - 69 S162(9) Extension - Cust2019-027 - Chris Hand - Threaten 04 APR 2020 Police matter - Judge Extension (2p) 5 - 70 S162(9) Extension - Cust2019-027 - Felix Alefiaio - Judge 04 APR 2020 Extension (2p) 5 - 71 S162(9) Extension - Cust2019-027 - James Kirstenfeldt - 04 APR 2020 Judge Extension (2p) 5 - 72 S162(9) Extension - Cust2019-027 - Julie Frost - Judge 04 APR 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Extension (2p) 5 - 73 S162(9) Extension - Cust2019-027 - Lanyon Smith - Judge 04 APR 2020 Extension (2p) 5 - 74 S162(9) Extension - Cust2019-027 - Zachary Rolfe (IRT etc)- 04 APR 2020 Judge Extension (2p) 5 - 75 S162(9) Extension - Cust2019-027 - Zachary Rolfe (Force) - 04 APR 2020 Judge Extension #2 (2p) 5 - 76 Death in Custody Notification (3p) 5 - 77 ICAC Email - Initial notification letter (1p) 11 NOV 2019 5 - 78 Letter Commissioner Chalker to ICAC Initial Letter and Briefing 11 NOV 2019 Note (4p) 5 - 79 ICAC Email - Supt II to ICAC - Further notification - BN1 & 2 12 NOV 2019 (1p) 5 - 80 ICAC Email - Supt II to ICAC - Further notification - BN#3 (2p) 13 NOV 2019 5 - 81 Crime Briefing Note #1 (4p) 10 NOV 2019 5 - 82 Crime Briefing Note #2 - Draft - Mark Grieve (3p) 11 NOV 2019 5 - 83 Crime Briefing Note #2 - Kirk Pennuto - Final (4p) 11 NOV 2019 5 - 84 Crime Briefing Note #3 - DIC - YUE – Final with annexure 12 NOV 2019 (13p) 5 - 85 Crime Briefing Note #5 - Operation Charwell (5p) 28 NOV 2019 5 - 86 Crime Briefing Note #6 (5p) 12 DEC 2019 5 - 87 Crime Briefing Note #11 (3p) 13 FEB 2020 5 - 88 Email Tonkin to Office of the Ombudsman @ 11:03 (2p) 10 NOV 2019 5 - 89 Email Tonkin to Office of the Ombudsman @ 15:23 (3p) 10 NOV 2019 5 - 90 Email from Office of the Ombudsman (4p) 11 NOV 2019 5 - 91 Email Tonkin to Office of the Ombudsman (4p) 11 NOV 2019 5 - 92 Email from Office of the Ombudsman (1p) 12 NOV 2019 5 - 93 Email from Office of the Ombudsman @14:28 (2p) 12 NOV 2019 5 - 94 Email Tonkin to Office of the Ombudsman @19:08 (2p) 12 NOV 2019 5 - 95 PSC Briefing note #1 (5p) 19 DEC 2019 5 - 96 PSC Briefing Note #2 – DRAFT (5p) 19 DEC 2019 5 - 97 PSC Briefing Note #3 – DRAFT (7p) 06 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 5 - 98 PSC Briefing Note #4 – DRAFT (7p) 13 FEB 2020 5 - 99 PSC Briefing Note #4 - Op Charwell (7p) 13 FEB 2020 5 - 100 PSC Briefing Note #5 – DRAFT (7p) 02 MAR 2020 5 - 101 PSC Briefing Note #6 TO BE UPDATED – DRAFT (7p) 13 MAR 2020 5 - 102 PSC Briefing Note #7 – DRAFT (8p) 08 MAY 2020 5 - 103 PSC Briefing Note #8 – CHARWELL (6p) 5 - 104 PSC Briefing Note #9 – CHARWELL (6p) 5 - 105 Letter Leafe to Officer (2p) 28 AUG 2020 5 - 106 Letter Officer to Leafe (2p) 30 AUG 2020 5 - 107 Email Officer to Leafe (1p) 30 AUG 2020 5 - 108 Letter Leafe to Officer (1p) 04 SEP 2020 5 - 109 Letter Officer to Leafe (4p) 18 SEP 2020 5 - 110 Email Leafe to Officer (1p) 11 DEC 2020 5 - 111 Letter Leafe to Officer (2p) 11 DEC 2020 5 - 112 Letter Leafe to Officer (2p) 19 FEB 2021 5 - 113 Web EOC Documents (58p)
PART 6 ARREST, CHARGE AND DETENTION OF CONSTABLE ROLFE 6 - 1 USB - Watch House CCTV footage of Rolfe in custody 6 - 2 Watch House Arrest Card/Custody Health Assessment/ Property receipt 6 - 3 USB containing audio files of - Rolfe’s arrival into ASP from Yuendumu/ Arrest of Rolfe/ Watch House Conversation/ Offer of EROI 6 - 4 Transcript - Rolfe arrived in ASP 6 - 5 Transcript - arrest of Rolfe 6 - 6 Transcript - Watch house conversation - Caution 6 - 7 Transcript - Offer on interview to Rolfe (12 November 2019) 6 - 8 Rolfe- ASP Hospital Records - Post incident
PART 7 STATEMENTS – POLICE 7 - 1 AGNEW, Kevin (A/Sgt) (220p) 23 JAN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 - 2 ALEFIAO, Felix (Const) (38p) + recording 11 NOV 2019 7 - 2A ALEFAIO, Felix – evidence from Supreme Court trial 15 FEB 2022 7 – 2B ALLEN, Sgt Matthew – affidavit 11 AUG 2022 7 - 3 ALTERMAIN, Tegan (Const) (3p) 14 NOV 2019 7 - 4 ANTICICH, Nicholas (AC) (5p) 15 JUL 2020 7 – 4AA ANTICICH, Nick – affidavit 15.07.22 attachment clause 15 JUL 2020 7 – 4A ANTICICH, Nick – Affidavit 03 SEP 2022 7 – 4B ANTICICH, Nick - Preliminary Report - Process Improvement 15 MAR 2019 Review Internal Investigations 7 - 5 ATKIN, John (Supt) (19p) + recording 26 JUN 2020 7 – 5A 12, Supt Craig – statutory declaration 19 AUG 2022 7 - 6 BAUWENS, Lee – statement 1 (64p) + recording 21 NOV 2019 7 - 7 BAUWENS, Lee – statement 2 (104p) + recording 03 DEC 2020 7 -7A BAUWENS, Lee – evidence from Supreme Court trial 23 FEB 2022
24 FEB 2022 7 – 7B BAUWENS, Sgt Lee – statutory declaration with annexures 08 FEB 2018 7 – 7C BAYLISS, Lisa 14 FEB 2023 7 - 8 BEAMS, Carlie (16p) 13 NOV 2019 7 - 9 BECKER, Marcus (6p) 07 FEB 2020 7 - 10 BEER, Merrilyn Narelle – recorded statement 1 (9p) 30 JAN 2020 7 - 11 BEER, Merrilyn Narelle -Statement 2 (5p) 30 JAN 2020 7 - 12 BEER, Merrilyn Narelle – recorded statement 3 (29p) + 04 JUN 2020 recording 7 - 13 BENNETT, Amy (3p) 07 FEB 2020 7 - 14 BENNETT, Tony (3p) 10 NOV 2019 7 -14A BERRY, Trent – statutory declaration 17 JUN 2022 7 - 15 BEVAN, Luke (5p) 11 FEB 2020 7 - 16 BONNEY, Breanna (11p) + recording x2 18 DEC 2019 7 - 17 BONNEY, Breanna – Statement 2 (7p) + recording 30 JAN 2020 7 -17A BONNEY, Breanna – evidence from Committal proceedings 01 SEP 2020 7 -17B BONNEY, Breanna – evidence from Supreme Court trial 14 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 – 17C BONNEY, Breanna – statement 25 NOV 2022 7 - 18 CAMPAGNARO, Claudia (92p) + recording 19 AUG 2020 7 - 19 CARTER, Emma (7p) 22 MAR 2020 7 - 20 CARTER, Jack (17p) 12 NOV 2019 7 - 21 CARTER, Jack Statement 2 (5p) 02 MAR 2020 7 - 22 COULSON, Rinaldo (9p) 09 MAR 2020 7 - 23 CROTTY, Luke (15p) + recording 16 JAN 2020 7 - 24 CUMMINS, Isobel (19p) 17 FEB 2020 7 - 25 CURRIE, Brad (25p) + recording 11 FEB 2020 7 - 26 DERKSEN, Mark (5p) 09 JUL 2021 7 - 27 DOLE, Martin (8p) 27 JUL 2020 7 - 28 DOLE, Martin Statement 2 (25p) 24 JUN 2021 7 - 29 DONALDSON, Adam (29p) + recording 10 NOV 2019 7 - 30 DONALDSON, Adam Statement 2 (35p) + recording + BWV 21 NOV 2019 extract 7 -30A DONALDSON, Adam – evidence from Committal proceedings 01 SEP 2020 7 -30B DONALDSON, Adam – evidence from Supreme Court trial 15 FEB 2022 7 - 31 EBERL, Adam (14p) + recording 10 NOV 2019 7 - 32 EBERL, Adam Statement 2 (80p) + recording + BWV extract 13 NOV 2019 7 - 33 EBERL, Adam Statement 3 (25p) + recording 11 FEB 2020 7 -33A EBERL, Adam – evidence from Committal proceedings 02 SEP 2020 7 -33B EBERL, Adam – evidence from Supreme Court trial 22 FEB 2022
23 FEB 2022 7 - 34 ELWORTHY, Erin (18p) + recording 15 JAN 2020 7 – 34A EVANS, Tracey (14p) (ADF) 12 JUN 2020 7 - 35 FERNANDEZ, Paulo (412p) 02 APR 2020 (cover page has incorrect date of 02/04/2018) 7 – 35A FERNANDEZ, Paulo (170p) 18 JUN 2020 7 - 36 FROST, Julie (86p) + recording 13 NOV 2019 7 - 37 FROST, Julie Statement 2 (18p) + recording 05 DEC 2019 7 - 38 Chronology of events recorded by Sgt Julie Frost (5p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 - 39 Notes made by Sgt Julie Frost (2p) 7 -39A FROST, Julie – evidence from Committal proceedings 01 SEP 2020 7 -39B FROST, Julie – evidence from Supreme Court trial 10 FEB 2022
11 FEB 2022 7 - 40 FULLWOOD, Anna (5p) 13 NOV 2019 7 - 41 FURNISS, Shaun (99p) + recording 30 NOV 2019 7 - 42 GALL, Alistair (77p) + recording 30 JAN 2020 7 - 43 GAVIN, Tai 7 – 43A GERBICZ-FISHER, Jason 03 MAR 2023 7 - 44 GILL, Shaun (203p) + recording 18 DEC 2019 7 – 44A GILL, Shaun (110p) 26 SEP 2022 7 - 45 GILLETT, Simon (4p) 13 NOV 2019 7 - 46 GRAY-SPENCE, James (75p) 23 OCT 2020 7 - 47 GREGORY, Tracey – Statement 1 (18p) 23 JAN 2020 7 - 48 GREGORY, Tracey – Statement 2 (3p) 24 JAN 2020 7 - 49 GRIEVE, Mark (28p) 28 FEB 2020 7 - 50 HAIG, Steven (13p) + recording 18 DEC 2019 7 - 51 HALL, Matthew (5p) 25 NOV 2019 7 - 52 HAND, Christopher – Statement 1 (43p) + recording 14 NOV 2019 7 - 53 HAND, Christopher – Statement 2 (11p) + recording 17 DEC 2019 7 -53A HAND, Chris – evidence from Supreme Court trial 09 FEB 2020 7 – 53AA HAND, Christopher – statutory declaration 01 SEP 2022 7 - 54 HANSEN, Mitchell – Statement 1 (28p) + recording 17 JAN 2020 7 - 55 HANSEN, Mitchell – Statement 2 (12p) + recording 17 JAN 2020 7 -55A HANSEN, Mitchell – evidence from Supreme Court trial 14 FEB 2022 7 - 56 HARRISON, James (6p) 02 AUG 2020 7 - 57 HAWKINGS, Anthony – Statement 1 (11p) + recording 10 NOV 2019 7 - 58 HAWKINGS, Anthony – Statement 2 (70p) + recording + BWV 13 NOV 2019 extract 7 - 59 HAWKINGS, Anthony – Statement 3 (36p) + recording 11 FEB 2020 7 -59A HAWKINGS, Anthony – evidence from Committal proceedings 02 SEP 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 -59B HAWKINGS, Anthony – evidence from Supreme Court trial 17 FEB 2022
18 FEB 2022 7 – 59C HAWKINGS, Anthony – emails in relation to lost notebook 13 JAN 2020
24 FEB 2022 7 - 60 HEFFERNAN, Vanessa (3p) 01 JUL 2020 7 - 61 HEN, Caragh (26p) 20 FEB 2020 7 - 62 HENDERSON, Paul (5p) 10 FEB 2020 7 - 63 HICKEY, Michael (3p) 11 NOV 2019 7 -63A HIGGINS, Benjamin – statutory declaration 01 MAY 2022 7 - 64 HOLLIDAY, Tanya (9p) 06 MAR 2020 7 - 65 HUDSON, Anneliese (14p) + recording 17 JAN 2020 7 - 66 HUGHES, Zachary (3p) 28 NOV 2019 7 - 67 HUGHES, Zachary (40p) + recording 15 JAN 2020 7 - 68 JOACHIM, Charneca (12p) + recording 15 JAN 2020 7 - 69 JOLLEY, Anne (9p) 14 APR 2020 7 -69A JOLLEY, Anne – statutory declaration 22 JUN 2022 7 - 70 JONES, Philip (14p) + recording 16 JAN 2020 7 -70A JOY, Carey – statutory declaration 04 AUG 2022 7 - 71 KEAN, Gregory (15p) 13 NOV 2019 7 - 72 KELLY, Evan – Statement 1 (12p) + recording 18 DEC 2019 7 - 73 KELLY, Evan – Statement 2 (12p) + recording 29 JAN 2020 7 -73A KELLY, Evan – evidence from Supreme Court trial 09 FEB 2022
10 FEB 2022 7 -73B KENT, Michael – statutory declaration 06 JUN 2022 7 - 74 KENT, Robert (4p) 27 NOV 2019 7 -74A KENT, Robert – evidence from Supreme Court trial 08 FEB 2022 7 - 75 KHAN, Abdul (3p) 13 JUL 2020 7 -75A KHAN, Abdul – evidence from Supreme Court voir dire 21 DEC 2021 7 - 76 KING, Meacham – Statement 1 (2p) 17 NOV 2019 7 - 77 KING, Meacham – Statement 2 (36p) 25 NOV 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 – 77B KING, Meacham – BWV & transcript 10 NOV 2019 7 - 78 KING, Shane (23p) + recording 15 JAN 2020 7-78A KIRKBY, Paul – statutory declaration 19 AUG 2022 7 - 79 KIRSTENFELDT, James – Statement 1 (43p) + recording 10 NOV 2019 7 - 80 KIRSTENFELDT, James – Statement 2 (52p) + recording 21 NOV 2019 7 -80A KRISTENFELDT, James – evidence from Committal 02 SEP 2020 proceedings 7 -80B KRISTENFELDT, James – evidence from Supreme Court trial 15 FEB 2022
16 FEB 2022 7 - 81 KOLODIEJ, Joanna (7p) 18 NOV 2019 7 - 82 KREN, Andrew (39p) 25 MAR 2020 7 -82A KREN, Andrew – evidence from Supreme Court voir dire 20 DEC 2021
21 DEC 2021 7 - 83 KUMAR, Benjamin – statement 1 (3p) 15 DEC 2019 (cover sheet incorrectly notes date as 14/12/2019) 7 - 84 KUMAR, Benjamin (17p) + recording 18 DEC 2019 7 - 85 KUMAR, Benjamin (4p) 13 FEB 2020 7 - 86 LANIGAN, Madeline (4p) 02 MAR 2020 7 - 87 LUCHT, Sarah (15p) + recording 17 DEC 2019 7 - 88 LYNCH, Bradley – Statement 1 (3p) 01 JAN 2020 7 - 89 LYNCH, Bradley – Statement 2 (46p) + recording 15 JAN 2020 7 - 90 LYNCH, Bradley – Statement 3 (4p) 13 FEB 2020 7 - 91 LYND, Shannon (12p) 09 DEC 2019 7 - 92 MALOGORSKI, Mark (56p) 17 MAR 2020 7 - 93 MARSHALL, Matthew (10p) 21 FEB 2020 7 - 94 MCCLURE, Tegan (3p) 08 JUL 2020 7 - 95 MCCORMACK, Shane – Statement 1 (116p) 21 NOV 2019 7 - 96 MCCORMACK, Shane – Statement 2 (73p) 29 JAN 2020 7 -96A McCORMACK, Shane – evidence from Supreme Court trial 14 FEB 2022 7 - 97 MAGRATH, Nathan (3p) 16 MAR 2020 7 - 97A MITCHELL, Sarah – statutory declaration 27 DEC 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 – 97B MORGAN, Lee 20 NOV 2022 7 - 98 MORRISSEY, Paul – Statement 1 (17p) 04 MAR 2020 7 - 99 MORRISSEY, Paul – Statement 2 (3p) 08 JUL 2020 7 - 100 MURPHY, Michael (22p) 21 JUL 2020 7 – 100A NANKIVELL, Ian 14 NOV 2022 7 - 101 NOBBS, Jody (184p) + recording + USB att G 29 NOV 2019 7 -101A NOBBS, Jody – evidence from Supreme Court trial 11 FEB 2022
14 FEB 2022 7 - 102 NOLAN, James (54p) + recording 19 DEC 2019 7 - 103 NOLAN, James Statement 2 (8p) 17 JUL 2020 7 - 104 NWAKOR-OSAJI, Afamefuna (17p) + recording 18 DEC 2019 7 - 105 OBIETA, Terence (19p) 22 JAN 2020 7 - 106 PAKTSUN, Cedric (15p) 15 JUL 2020 7 - 107 PALMER, Gary (3p) 20 NOV 2019 7 - 108 PARBS, Mark (25p) + recording 15 JAN 2020 7 – 108AA PASCOE, Baru – affidavit 09 SEP 2022 7 -108A PHAM, William - AFP - mobile phone 18 MAR 2021 7 -108B PAYNE, Stephen – statement 29 APR 2022 7 - 109 PENNUTO, Kirk (79p) 19 MAR 2020 7 – 109A Diary Notes - A/Supt Kirk Pennuto 17 DEC 2019 -
10 JAN 2020 7 – 109AA PENNUTO, Kirk – consolidated diary notes 09 NOV 2019 -
10 JAN 2020 7 -109B PENNUTO – evidence from Supreme Court voir dire 21 DEC 2021 7 -109C PENNUTO – evidence from Supreme Court trial 02 MAR 2022 7 - 110 PHILLIPS, Leith (33pp) 20 APR 2020 7 - 111 PHILLIPS, Leith Statement 2 (6p) 01 OCT 2020 7 -111A POLLOCK, Scott – statutory declaration 20 JUL 2022 7 – 111AA POLLOCK, Scott 21 NOV 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 -111B PORTER, Assistant Commissioner Bruce – affidavit 13 JUL 2022 7 – 111C PORTER, Assistant Commissioner Bruce – addendum affidavit 02 SEP 2022 7 – 111D PORTER, Assistant Commissioner Bruce – affidavit 09 FEB 2023 7 - 112 POTTS, Michael (46p) + recording 01 DEC 2019 7 - 113 POWELL, Benjamin (12p) 13 NOV 2019 7 – 113B PROWSE, Supt Brett – statutory declaration 08 AUG 2022 7 - 114 RAITT, Jack (5p) 15 NOV 2019 7 – 114A RAITT, Jack – photographs x 16 10 NOV 2019 7 - 115 READ, Virginia (5p) 11 MAR 2020 7-115AA READ, Supt Virginia – statutory declaration 09 AUG 2022 7 -115A ROLFE, ZACHARY – evidence from Supreme Court trial 02 MAR 2022
03 MAR 2022 04 MAR 2022 7-115B RONNING-BURNS, Cmr Hege – statutory declaration 08 AUG 2022 7 – 115C ROLFE, Zachary – official police notebook 47301 pp1-9 10 NOV 2019 7 - 115D ROLFE, Zachary – official police notebook 47301 pp1-9 – 10 NOV 2019 transcript 7 – 115DD ROLFE, Zachary – affidavit 16 DEC 2022 7 - 115E SANDERSON, Melissa – statutory declaration 28 DEC 2018 7 - 116 SCHMIDT, Robyn (7p) 01 APR 2020 7 – 116A SCHUMACHER, Michael 25 OCT 2022 7 - 117 SHARMA, Sachin (32p) 22 JAN 2020 7 - 118 SHARMA, Sachin Statement 2 (10p) 18 FEB 2020 7 - 119 SHARP, Jonathon (4p) 14 NOV 2019 7-119A SHEAN, Supt Daniel – statutory declaration 10 AUG 2022 7 - 120 SIMONATO, Erin (20p) 27 APR 2021 7 -120A SMALPAGE, DC Murray – Affidavit 12 JUL 2022 7 – 120B SMALPAGE, DC Murray – Addendum Affidavit 02 SEP 2022 7 – 120BB SMALPAGE, DC Murray – Affidavit 10 NOV 2023 7 - 121 SMITH, Lanyon (14p) + recording 11 NOV 2019 7 - 122 SMITH, Lanyon Statement 2 (12p) 14 JAN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 -122A SMITH, Lanyon – evidence from Supreme Court trial 09 FEB 2020 7 - 123 SYKES, Mark (30p) 18 DEC 2019 7 - 124 SYKES, Mark Statement 2 (13p) 30 JAN 2020 7 - 125 TAIT, Samuel – 1st (17p) + recording 15 JAN 2020 7 - 126 TAIT, Samuel (4p) 10 FEB 2020 7 - 127 THOMAS, Joshua (28p) 05 DEC 2019 7 - 128 THOMPSON, Jared (4p) 12 NOV 2019 7 - 129 THOMPSON, Jared Statement 2 (4p) 04 DEC 2019 7 - 130 THOMSON, Wesley (15p) 17 DEC 2019 7 - 131 TOCKNELL, Ethan (12p) 15 JAN 2020 7 - 132 VICARY, Pauline Statement 1 (111p) 30 NOV 2019 7 - 133 VICARY, Pauline Statement 2 (26p) 11 FEB 2020 7 -133A WALLACE, Bradley – statutory declaration 26 JUL 2022 7 -133B WALLACE, Bradley – statutory declaration (supplementary) 26 JUL 2022 7 - 134 WARD, Deanne (6p) 17 NOV 2019 7 – 134A WATSON, Marc 19 NOV 2022 7 - 135 WEATHERS, Leilani (41p) 27 JUN 2020 7 - 136 WELLS, Kieran (15p) 12 FEB 2020 7 – 136A Statement Caroline WEST, Victoria Police (73p) 25 JUN 2020 7 - 137 WETHERALL, Lauren (24p) 18 JUN 2020 7 - 138 WHITE, Michael (7p) 28 JUL 2020 7 - 139 WILLIAMS, Derek (31p) + recording 20 NOV 2019 7 - 140 WILLIAMS, Derek Statement 2 (13p) 20 JUN 2020 7 -140A WILLIAMS, Derek – evidence from Supreme Court trial 15 FEB 2022 7-140AA WILLIAMS, Derek – statutory declaration 09 AUG 2022 7 – 140BB WILLIAMS, Derek 21 FEB 2023 7 -140B WILLIAMS, Michael – statutory declaration 28 JUN 2022 7 - 141 WILSON, Brett – 1 (9p) 06 MAR 2020 7 - 142 WILSON, Brett – 2 (39p) 23 MAR 2021 7 - 143 WOOD, Natashia (9p) 05 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 7 - 144 WURST, Travis (71p) + recording 05 DEC 2019 7 - 145 WURST, Travis Statement 2 (120p) 20 AUG 2020 7 -145A WURST, Travis – evidence from Supreme Court trial 17 FEB 2022 7 -145B WYATT, Michael – statutory declaration 12 MAY 2022 7 - 146 ZENDELI, Xhenita (19p) 16 JAN 2020 7 – 146A ZENDELI, Xhenita – statutory declaration 01 DEC 2022 7 - 147 ZHANG, Terry (31p) 05 DEC 2019 Forensics 7 - 148 BEST, Natalie (17p) 11 JUL 2020 7 - 149 CHEONG-WING, Kate (9p) 02 APR 2020 7 - 150 CHEONG-WING, Kate Statement 2 (61p) 11 JUN 2020 7 - 151 CHEONG-WING, Kate Statement 3 (1p) 23 JUN 2020 7 -151A CHEONG-WING, Kate – evidence from Supreme Court trial 21 FEB 2022 7 - 152 JOHNSON, Fiona (7p) 05 MAR 2020 7 - 153 ROBB, Gino – notes & working papers (47p) 7 - 154 SECRETT, Jeannie (5p) 29 MAY 2020 7 - 155 SETTER, Pauline (1p) 10 NOV 2019 7 - 156 SPILSBURY, Ian (121p) (sensitive images redacted) 02 MAR 2020 7 -156A SPILSBURY, Ian – evidence from Supreme Court trial 18 FEB 2022
21 FEB 2022 7 - 157 SIMPSON, Timothy (AFP) (10p) 11 JUN 2020 7 - 158 SIMPSON, Timothy (AFP) Supplementary Report (29p) 30 JUN 2020 7 -158A SIMPSON, Timothy – evidence from Supreme Court trial 24 FEB 2022
PART 8 STATEMENTS – CIVILIANS 8 – 0AA ABRAHAM, Glenda – letter 20 FEB 2023 8 – 0A ATKINSON, Adrian – statutory declaration 20 SEP 2022 8 – 0 BISHOP, Helen – affidavit 11 AUG 2022 8 – 0B BLANDFORD, Brendan 06 MAR 2023 8 - 1 BONANNI, Gemma (176p) 18 FEB 2020 8 – 1A BROWN, Gabrielle (THFC) 24 FEB 2023
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 8 - 2 BROWN, Leroy (35p) + recording 12 FEB 2020 8 -2A BROWN, Leroy – evidence from Supreme Court trial 17 FEB 2022 8 - 3 BROWN, Margaret (43p) + recording 26 NOV 2019 8 -3A BROWN, Margaret – evidence from Supreme Court trial 16 FEB 2022 8 - 4 BROWN, Myron (56p) + recording 26 NOV 2019 8 - 5 BROWN, Sheldon (46p) + recording 09 DEC 2019 8 - 6 BURNS, Janice (12p) + 2x recordings 12 FEB 2020 8 - 7 CAMPAGNARO, Claudia (116p) 19 AUG 2020 8 - 8 CAMPAGNARO, Claudia Statement 2 (43p) 14 OCT 2020 8 – 8A CAMPAGNARO, Claudia – statutory declaration 10 SEP 2021 8 – 8B CHAPMAN, Rob – affidavit 04 SEP 2022 8 - 9 CHILES, Bryan (7p) 12 FEB 2020 8 - 10 CHILVERS, Kerri-Anne (12p) 17 JUN 2020 8 - 11 CHILVERS, Kerri-Anne (48p) 30 JUN 2020 8 – 11A CHILVERS, Kerri-Anne 28 NOV 2022 8 - 12 CHISHOLM, Andrea (5p) 22 JAN 2020 8 – 12AA CHURCHILL, Christopher – affidavit 28 NOV 2022 8 – 12A CLIFFORD, Noel – email 28 NOV 2022 8 - 13 COLLINS, Aaron (128p) 13 JAN 2020 8 - 14 COLLINS, Gregson (44p) + recording 13 DEC 2019 8 - 15 COOK, Adrian (28p) + recording 04 FEB 2020 8 - 16 COOKE, Graham (44p) + recording 16 JAN 2020 8 - 17 COULTHARD, Nathan (9p) + recording 10 NOV 2019 8 -17A COULTHARD, Nathan – evidence from Supreme Court trial 16 FEB 2022 8 – 17B DAYLIGHT, Bessie and MUNG, Denise – statement 23 NOV 2022 8 – 17C DELANY, Marcel 28 FEB 2023 8 - 18 DICKSON, Alan Junior (16p) + recording 10 DEC 2019 8 -18A DICKSON, Alan – statement 20 JUL 2022 8 - 19 DICKSON, Ayeetta (28p) + recording 10 NOV 2019 8 - 20 DICKSON, Ayeetta Statement 2 (75p) + recording 28 NOV 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 8 - 21 DICKSON, Julie-Anne (49p) + recording 10 DEC 2019 8 - 22 DICKSON, Raymond (39p) + recording 27 NOV 2019 8 – 22A ECHO, Johnny – affidavit 16 NOV 2022 8 - 23 EGAN, Cedric (22p) + recording 11 DEC 2019 8 - 24 EGAN, Lekira (35p) + recording 09 JAN 2020 8 - 25 EVANS, Tracey (30p) 17 JAN 2020 8 -25A FERNANDEZ-BROWN, Samara – Affidavit 22 JUL 2022 8 - 26 FISHER, Isiah (18p) + recording 12 DEC 2019 8 - 27 FITZPATRICK, Jackson (59p) 15 JAN 2020 8 - 28 FRANCIS, William (4p) 05 MAR 2020 8 - 29 GOULD, Karen (4p) 07 JAN 2020 8 – 29A GRANITES, Cherylyn – statement 8 - 30 GRANITES, Senita (39p) + recording 28 NOV 2019 8 – 30A GREATOREX, Lindsay – affidavit 26 AUG 2022 8 - 31 GREEN, Janet (4p) 07 JAN 2020 8 – 31A HAMPTON, Karl – statement 27 FEB 2023 8 - 32 HARVEY, Julie (21p) + recording 22 JUN 2020 8 - 33 HAVARD, Laura (5p) 13 NOV 2019 8 - 34 HAYES-JONKERS, Charmaine (27p) + recording 28 NOV 2019 8 - 35 HEALY, Taylee (9p) 18 DEC 2019 8 - 36 HOCKING, Adam (6p) 23 JAN 2020 8 – 36A HOPKINS, Sarah – affidavit 04 SEP 2022 8 – 36B JANGALA, Jerry Patrick and JAMPIJINPA, Steven Wanta 04 SEP 2022 Patrick – affidavit 8 36C JONES, Alexandria – affidavit 26 AUG 2022 8 - 37 JURRAH, Basil (36p) + recording 09 JAN 2020 8 - 38 JURRAH, Jerome (14p) + recording 10 NOV 2019 8 – 38AA KATAKARINJA, Elizabeth – statement 24 NOV 2022 8 -38A KELLY, Francis – statement 27 MAY 2022 8 - 39 KENNEDY, Max (33p) + 2x recordings 11 DEC 2019 8 - 40 KRUGER, Richard (107p) 20 APR 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 8 - 41 LANDAYTO, Joeanne (8p) 03 FEB 2020 8 – 41A LANE, Joseph – statutory declaration 07 AUG 2022 8 – 41B LANE, Serita – statutory declaration 08 AUG 2022 8 - 42 LEWIS, Rachel (63p) + 2x recordings 11 DEC 2019 8 -42A MARSHALL, Steven – statement 27 MAY 2022 8 - 43 MARTIN, Danielle (32p) + recording 12 FEB 2020 8 -43A MARTIN, Danielle – evidence from Supreme Court trial 17 FEB 2022 8 - 44 MCCARTHY, Scott (3p) 14 JAN 2020 8 - 45 MCLEAN, David (33p) 03 DEC 2019 8 - 46 MOSSOP, Dylan (15p) + recording 17 JAN 2020 8 – 46A MUNG, Patrick – affidavit 17 NOV 2022 8 - 47 MURPHY, Tania (73p) 05 FEB 2020 8 – 47A NUNGGUMAJBARR, Bobby (YMDAC) – statement 26 OCT 2022 8 - 48 OLDFIELD, Leanne (25p) + recording 10 NOV 2019 8 -48A OLDFIELD, Leanne – evidence from Supreme Court trial 17 FEB 2022 8 -48B OLDFIELD, Leanne – statement 18 JUL 2022 8 – 47C OLDFIELD, Leanne – statement 13 OCT 2022 8 - 49 PRESLEY, Liam (4p) 03 DEC 2019 8 - 50 PRESLEY, Liam Statement 2 (9p) 19 JUN 2020 8 - 51 ROBERTSON, Eddie (58p) + recording 27 NOV 2019 8 -51A ROBERTSON, Eddie – evidence from Supreme Court trial 16 FEB 2022 8 – 51B ROBERTSON, Eddie – statutory declaration 22 NOV 2022 8 - 52 ROBERTSON, Ethan (35p) + recording 10 DEC 2019 8 - 53 ROBERTSON, Ethan Statement 2 (39p) + recording 11 DEC 2019 8 -53A ROBERTSON, Ethan – evidence from Supreme Court trial 16 FEB 2022 8 - 54 ROBERTSON, Lottie (38p) + recording 30 NOV 2019 8 -54A ROBERTSON, Lottie – evidence from Supreme Court trial 10 FEB 2022 8 – 54B ROBERTSON, Lottie – statutory declaration 09 AUG 2022 8 - 55 ROBERTSON, Rekeisha (42p) + recording 27 NOV 2019 8 - 56 ROSS, Paul (4p) 17 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 8 - 57 SARGENT, Natalie (39p) 18 DEC 2019 8 - 58 SEXTON, Kate (11p) 13 NOV 2019 8 -58A SHANKS, Brooke – Affidavit 25 JUL 2022 8 – 58B SHANKS, Brooke – letter 09 SEP 2022 8 - 59 SINGLETON, Courtney (18p) 20 NOV 2019 8 - 60 SNAPE, Elizabeth (44p) + recording 10 NOV 2019 8 -60A SNAPE, Elizabeth – evidence from Supreme Court trial 24 FEB 2022 8 - 61 SPIRE, Suzanne (26p) 02 JUN 2020 8 - 62 SUDHOLZ, Lincoln (4p) 28 FEB 2020 8 – 62A THOMAS, Peter – affidavit 16 NOV 2022 8 - 63 VUSONICEVA, Malodali (9p) 22 NOV 2019 8 - 64 VUSONICEVA, Marianette (4p) 19 NOV 2019 8 – 64A WALKER, Alice – statutory declaration 09 AUG 2022 8 - 64B WARREN, Brent (TFHC} 24 FEB 2023 8 - 65 WATSON, Louise (25p) + recording 06 JAN 2020 8 - 66 WAYNE, Sarah (30p) + recording 27 NOV 2019 8 - 67 WAYNE, Sheree (30p) + recording 10 DEC 2019 8 - 68 WEILY, Scott (42p) 23 JUN 2020 8 - 69 WHEELER, Lorraine (27p) + recording 28 NOV 2019 8 – 69A WILLIAMS, Freddie – affidavit 01 SEP 2022 8 - 70 WILLIAMS, Jayveth @ Ziggy (16p) 27 NOV 2019 8 - 71 WILLIAMS, Louanna (5p) 06 AUG 2021 8 -71A WILLIAMS, Louanna – evidence from Supreme Court trial 17 FEB 2022 8 - 72 WILLIAMS, Warren (23p) + recording 08 JAN 2020 8 – 72A WILLIAMS, Warren – statutory declaration 09 AUG 2022 8 – 72B WILSON, Bruno - statement 8 - 73 WILSON, Darren (48p) + recording 09 DEC 2019 8 - 74 WILSON, Melinda (44p) + recording 29 NOV 2019 8 - 75 WILSON, Troy (13p) 14 JAN 2020 8 - 76 WOODS, Jason (28p) + recording 26 NOV 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 8 - 77 WOODS, Ryan (43p) + recording 26 NOV 2019 8 - 78 WOODS, Ryan Statement 2 (39p) 28 NOV 2019 8 - 79 WOODS, Tenaia (45p) + 2x recordings 11 DEC 2019 8 - 80 WURRAMARRA, Naomi; MAMARIKA, Roderick; MAMARIKA, 02 SEP 2022 Linda, and MAMARIKA, Elaine – affidavit
PART 9 STATEMENTS – HEALTH STAFF 9 – 0 AH CHEE, Dr Donna and BOFFA, Dr John – affidavit 13 SEP 2022 9 - 1 ALTING, John (19p) + recording 22 JUN 2020 9 - 2 BRAHIM, Kellie (6p) 15 JAN 2020 9 - 3 CAMERON, Fiona (5p) 18 JUN 2020 9 - 3A CARMICHAEL, Robyn – statement of complaint 04 APR 2018 9 - 4 DAILEY, Hannah (35p) + recording 14 JAN 2020 9 – 4A FLEMING, Tina – affidavit 31 AUG 2022 9 - 5 GILL, Helen (27p) 06 APR 2021 9 – 5AA GILL, Helen – affidavit 03 OCT 2022 9 – 5A HALTON, Sally – Affidavit 19 AUG 2022 9 – 5AA HAMPTON, Jenifer – affidavit 28 NOV 2022 9 - 5B HEINRICH, Naomi – affidavit 22 AUG 2022 9 – 5C HEINRICH, Naomi – letter, annexing root cause analysis 31 AUG 2022 9 - 6 HOLLAND, Cassandra – statement of events from 9.11 (3p) 19 NOV 2019 9 - 7 HOLLAND, Cassandra -ROC (35p) + recording 12 FEB 2020 9 – 7A HOLLAND, Cassandra – affidavit (signed) 06 OCT 2022 9 - 8 REDDEN, Rebekah (21p) + recording 16 JAN 2020 9 - 9 REEVE, David (12p) 22 NOV 2019 9 – 9A REEVE, David – affidavit 28 SEP 2022 9 - 10 RIWAKA, Janine (17p) + recording 22 JUN 2020 9 - 11 STARBUCK, Matilda (48p) + recording 04 JUN 2020 9 - 12 SYMONDS, Luana (31p) 20 NOV 2019 9 – 12A SYMONDS, Luana – affidavit 05 OCT 2022 9 – 12B TABART, DR Marcus – affidavit 02 DEC 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 9 - 13 VELING, Kerrie (22p) + recording 16 JAN 2020 9 -13A SUTHERLAND, Dr Kerrie (nee Veling) – evidence from 18 FEB 2022 Supreme Court trial 9 - 14 WALCOTT, Lorraine (40p) + recording 10 NOV 2019 9 – 14A WALCOTT, Lorraine – 11x photographs 10 NOV 2019 9 - 15 WATTS, Vanessa (17p) + recording 22 JUN 2020 9 – 15A WATTS, Vanessa – affidavit 05 OCT 2022 9 - 16 ZANKER, Heather (9p) + recording 10 NOV 2019 9 - 17 NT Health Riskman records for Yuendumu WHS issues 2019 9 - 18 NT Health Risk Assessment Guide (Matrix)
PART 10 STATEMENTS – EXPERTS 10 - 1 ALPERT, Geoffrey (97p) 31 MAR 2020 10 - 2 ALPERT, Professor Geoffrey – related notes and emails 06 JAN 2020 -
02 APR 2020 10 -2A ALPERT, Dr Geoffrey – evidence from Committal proceedings 03 SEP 2020 10 - 3 BARRAM, Andrew – email to Kirk PENNUTO (1p) 10 MAR 2020 10 - 4 BARRAM, Andrew – Statement 1 – Annexures A/B/C/D/ E / F / 13 MAR 2020 G / H (523p) 10 - 5 BARRAM, Andrew – Statement 2 – Annexures – A / B / C / D/ 26 MAR 2020
E / F / G/H/ I / J / K 10 - 6 BARRAM, Andrew – Statement 3 (12p) 01 APR 2020 10 - 7 BARRAM, Andrew – Statement 4 (8p) 11 JUN 2020 10 - 8 BARRAM, Andrew – Statement 5 (6p) 21 AUG 2020 10 - 9 BARRAM, Andrew – annexures containing footage 10 -9A BARRAM, Andrew – evidence from Committal proceedings 03 SEP 2020 10 -9B BARRAM, Andrew – evidence from Supreme Court trial 28 FEB 2022 (including evidence on the voir dire)
01 MAR 2022 02 MAR 2022 10 - 10 BOTTERILL, Paul (8p) 02 JUN 2020 10 -10A BOTTERILL, Dr Paull – evidence from Supreme Court trial 25 FEB 2022 10 – 10AB CHILES, Bryan – statutory declaration 12 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 10 – 10AA CUNEEN, Professor Chris – Expert report 10 – 10BB HOLLINSWORTH, Adjunct Professor David 08 NOV 2022 10 -10B LEE, Katherine – evidence from Supreme Court trial 28 FEB 2022 10 – 10C LIDDLE, Leanne – statement (unsigned) 10 - 11 McFARLANE, Alexander (210p) 15 JUL 2020 10 - 12 McINTOSH, Andrew (71p) 20 MAY 2020 10 -12A McINTOSH, Dr Andrew – evidence from Committal 03 SEP 2020 proceedings 10 -12B McINTOSH, Dr Andrew – evidence from Supreme Court trial 25 FEB 2022 10 – 12C QUILTY, Dr Simon 26 NOV 2022 10 - 13 READE, Michael (30p) 15 AUG 2020 10 -13A READE, Michael – evidence from Supreme Court trial 21 FEB 2022 10 – 13B SCOTT, Dr Laura 28 NOV 2022 10 - 14 SORELL, Matthew (28p) plus supporting material 24 JAN 2020 10 - 15 SORELL, Matthew Statement 2 (4p) plus supporting material 12 APR 2020 10 - 16 SORELL, Matthew Statement 3 (11p) plus supporting material 16 SEP 2020 10 - 17 SORELL, Matthew – other material 10 -17A SORRELL, Dr Matthew – evidence from Supreme Court trial 23 FEB 2022 10 – 17B SORRELL, Dr Matthew – statutory declaration re Hawkings 20 AUG 2021
BWV 10 – 17C SORRELL, Dr Matthew – statutory declaration re geolocation 20 AUG 2021 data 10 - 18 TIEMENSMA, Marianne (Dr) – summary post-mortem report 12 NOV 2019 (2p) 10 - 19 TIEMENSMA, Marianne (Dr) – summary post-mortem report 12 NOV 2019 (2p) 10 - 20 TIEMENSMA, Marianne (Dr) – post mortem report (23p) 21 JAN 2020 (redacted) 10 - 21 TIEMENSMA, Marianne (Dr) – additional statement (2p) 01 MAY 2020 10 -21A TIEMENSMA, Dr Marianne – evidence from Committal 03 SEP 2020 proceedings 10 -21B TIEMENSMA, Dr Marianne – evidence from Supreme Court 22 FEB 2022 trial
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 10 - 22 TOWSEY, Dr Keith (12p) 25 MAR 2020 10 -22A TOWSEY, Dr Keith – evidence from Supreme Court trial 18 FEB 2022 10 – 22AA VAN HAEFTEN, Bruce – statutory declaration 12 OCT 2022 10 – 22AAA VAN HAEFTEN, Bruce – resume NOV 2022 10 – 22B WATEGO, Professor Chelsea; PORTER, Dr Amanda; SINGH, 16 SEP 2022 Dr David; STRAKOSCH, Dr Elizabeth and CERRETO, Anna – expert report “ ‘in normal circumstances’: understanding the structural nature of racial violence in the Northern Territory” 10 – 22C Documents relevant to 10-22B; namely NAAJA briefing documents and CVs of Professor Watego, Dr Porter, Dr Singh, Dr Strakosch and Anna Cerreto 10 – 22D Watego et al supplementary report 14 DEC 2022 Defence Experts 10 - 23 ACKLAND, Professor Tim - Defence Expert (34p) 22 JUN 2021 10 - 24 BLACK, Dr John - Defence Expert (91p) 04 JUL 2021 10 - 25 LEWINSKI, Dr William - Defence Expert (23p) 02 JUL 2021 10 - 26 McDEVITT, Ben - Defence Expert – Police Shooting at 29 JUN 2021 Yuendumu (57p) 10 - 27 McDEVITT, Ben - Defence Expert - NTPF accoutrements and 16 AUG 2021 less than lethal UoF options (25p) 10 -27A McDEVITT Ben – evidence from Supreme Court trial 08 MAR 2022 10 – 27B McDEVITT, Ben - “Assess and Re-assess: A conflict deescalation model” - January 1996 10 - 28 VON KLIEM, Lewis - Defence Expert (49p) 02 JUL 2021 Academics 10 – 29 DOBOS, Dr Ned – expert statement 31 AUG 2022 10 – 30 HINKSON, Dr Melinda – expert statement 10 – 31 HOPKINS, Tamar – expert statement 10 – 31A McCULLOCH, Dr Jude – expert statement 05 AUG 2022 10 – 32 MUSHARBASH, Dr Yasmine – expert statement
PART 11 NT POLICE – RECRUITMENT 11 - 1 NT Police Recruitment Manual (109p) April 2013
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 11 - 2 NT Police Assessment Guidelines for recruiting staff and the Integrity Panel (11p) 11 - 3 NT Police Medical Standards for police recruitment (12p) January 2009 11 - 4 NT Police recruitment file for Adam DONALDSON 11 - 5 NT Police recruitment file for James KRISTENFELDT
PART 12 NT POLICE – CROSS CULTURAL TRAINING 12 - 1 USB containing a video of a 2.5hour Cross Cultural Presentation provided to current recruits in training 12 - 2 Policing Between Cultures – Session 1 – Multicultural Awareness – Facilitator Guide (64p) 12 - 3 Policing Between Cultures – Session 1 – Multicultural Awareness – PowerPoint Presentation (20p) 12 - 4 Policing Between Cultures – Session 2 – Aboriginal Culture – Facilitators Guide (101p) 12 - 5 Policing Between Cultures – Session 2 – Aboriginal Culture – PowerPoint Presentation (54p) 12 - 6 Policing Between Cultures – Session 3 – Community Partnerships and Engagement – Facilitators Guide (81p)
PART 13 RELEVANT HISTORICAL INQUEST FINDINGS – NORTHERN TERRITORY 13 - 1 Report of the Inquiry into the death of Jabanardi, 29 July 1980 27 FEB 1991 – Royal Commission into Aboriginal Deaths in Custody – Report presented 27 February 1991 (67p) 13 – 1A Inquest into the death of Andrew ROSS 09 FEB 1999 13 - 2 Inquest into the death of Eduardo Concepcion, October 1999 – 25 JAN 2001 Findings handed down 25 January 2001 (41p) 13 - 3 Inquest into the death of Robert Jongmin, October 2002 – 03 DEC 2007 Findings handed down 3 December 2007 (30p) 13 - 4 Correspondence between Minister for Justice @ Attorney – 08 MAY 2008 General Mr Chris Burns and Commissioner Of Police Mr Paul White re Robert Jongmin inquest findings. (7p) 13 - 5 Inquest into the death of Kieffan Raggett, October 2007 – 08 APR 2011 Findings handed down 8 April 2007 (29p) 13 - 6 Inquest into the death of Cedric Trigger, January 2009 – 19 MAY 2010 Findings handed down 19 May 2010 (18p) 13 - 7 Inquest into the death of Terrance Daniel Briscoe, January 17 SEP 2012
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 2012 – Findings handed down 17 September 2012 (80p) 13 - 8 Inquest into the death of Sasha Loreen Napaljarri Green, 21 JUN 2018 November 2013 – Findings handed down 21 June 2018 (32p)
PART 14 RELEVANT HISTORICAL INQUEST FINDINGS - QUEENSLAND 14 - 1 Findings of Inquest into the death of Edward Wayne Logan, 23 14 DEC 2015 November 2014 – Findings handed down 14 December 2015 (15p) 14 - 2 Findings of Inquest into the deaths of Anthony William Young, 14 DEC 2015 David Kenneth Baring Young and Louise Alexandra Dekens, 21 August 2013 – Findings handed down – 14 December 2015 (19p) 14 - 3 Findings of Inquest into the death of Shaun Basil Kumeroa, 29 18 JAN 2016 September 2014 – Findings handed down 18 January 2016 (19p) 14 - 4 Findings of Inquest into the death of Laval Donovan Zimmer, 03 MAY 2016 18 November 2014 – Findings handed down 3 May 2016 (22p) 14 - 5 Findings of Inquest into the death of Troy Martin Foster, 24 03 MAY 2016 November 2014 – Findings handed down 3 May 2016 (28p) 14 - 6 Recommendations from Inquest into the deaths of Young, 20 OCT 2017 Kumeroa, Logan, Zimmer and Foster – Delivered 20 October 2017 (94p) 14 - 7 Queensland Police response to recommendations from the UNDATED Inquest into the deaths of Young, Kumeroa, Logan, Zimmer and Foster (23p)
PART 15 QUEENSLAND POLICE – TASK FORCE BLETCHLEY 15 - 1 Queensland Police – Task Force Bletchley – A review into the use of force by Queensland Police – 2015
PART 16 THE STEPHEN LAWRENCE INQUIRY – UNITED KINGDOM 16 - 1 Inquiry Into The Matters Arising From The Death of Stephen 15 FEB 1999 Lawrence (United Kingdom). Report dated 15 February 1999
PART 17 POLICIES 17 - 1 ANZPAA Use of Force Principles (1p) 17 - 2 Operational Safety and Use of Force General Order (2p) 14 JUN 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 17 - 3 Operational Safety and Use of Force Instruction v1.4 (37p) 17 SEP 2020 17 - 4 Police Practices & Procedures - Operational Safety Principles 26 SEP 2018 17 - 5 Arrests – General Order (10p) 20 APR 2017 17 - 6 Coronial Investigation and Inquests – General Order (21p) 04 DEC 2014 17 - 7 Deaths In Custody – General Order (22p) 10 NOV 2011 17 - 8 Major Crime, Major Investigation and Critical Incident 15 NOV 2018 Response Instruction v1.0 (23p) 17 - 9 Police Negotiation Unit – General Order (19p) 08 NOV 2012 17 - 10 Territory Response Group – General Order (10p) 23 OCT 2014 17 - 11 Custody and Transport General Order (2p) 20 SEP 2018 17 - 12 Custody and Transport Instruction v1.2 (87p) 12 FEB 2020 17 – 12A Custody and Transport Instruction v1.3 14 OCT 2022 17 - 13 Critical Incident Response – superseded (17p) 16 APR 2009 17 - 14 Police Training – Defensive Tactics, Facilitator Guide v3.1 (83p) 17 - 15 Police Training – Operational Safety, Incident Management, Facilitator Guide v4.1 (90p) 17 - 16 Firearms Operational Safety Manual v1.0 (112p) 17 - 17 Firearms Training – Pre-Requalification Reading (8p) 17 - 18 Glock Requalification lesson plan (2p) 17 - 19 Firearms Accuracy Qualification Assessment (2p) 17 - 20 United Nations – Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (4p) 17 - 21 Australian Centre For Policing Research – National minimum guidelines for incident management, conflict resolution and use of force (156p) 17 - 22 Australian Centre For Policing Research – National Guideline Compendium, Police Use of Lethal Force, Deployment of Police in High Risk Situations, Deployment of Police Negotiators (32p) 17 - 23 Standard Operating Procedures - Alice Springs Immediate 30 JUN 2017 Response Team (14p) 17 - 24 Dog Operations Unit General Order - superseded _Redacted 17 - 25 Dog Operations Instruction_Redacted
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 17 - 26 NT Police General Order W1 Warrants 17 - 27 Complaints Against Police General Order 17 - 28 General Order: Code of Conduct and Ethics 17 - 29 General Order Note Taking, Notebooks, Diaries 01 JUN 2012 17 - 30 General Order Crime (Homicide and Serious) Investigation 21 NOV 2022 17 - 31 NTPFES Policy “Aboriginal Customary Law Involving Payback” 03 NOV 2005 17 - 32 Revoked General Order Aboriginal Customary Law involving 23 OCT 2014 “Payback” 17 - 33 General Order: Rank Qualification and Development Pathway 13 JUL 2022 17 - 34 General Order: Bail 04 DEC 2014
PART 18 OTHER POLICE MATERIAL 18 - 1 IRT Training records (27p) 01 JAN 201726 NOV 2019 18 - 2 Email correspondence “FW: IRT deployment to remote 18 NOV locations – Interim measures” Beer, Currie, Pollock, Hebb, 2019Morgan (19p)
19 NOV 2019 18 - 3 Email correspondence “RE: IRT deployment to remote 18 NOV locations – Interim measures” Beer, Murphy, Currie, Pollock, 2019Hebb, Morgan (6p)
27 NOV 2019 18 - 4 Email correspondence “RE: Use of Force” Donaldson and 29 NOV 2019 Anticich (2p) 18 - 5 Email correspondence “RE: UOF” Bacon, Anticich, Hebb, 02 DEC 2019 White, O’Brien and Dole (3p) 18 - 6 Email correspondence “FW: Your statement operation 28 JAN 2020 Charwell” Dole, Anticich, Beer, Wellfair (16p) 18 - 7 Email correspondence “RE: Zack Rolfe – Military disciplinary 28 JAN 2020 history” Anticich, Dole, Morgan (3p) 18 - 8 Email correspondence “Recruit Vetting Process” Anticich, 28 JAN 2020Dole, Morgan,
04 FEB 2020 18 - 9 Email correspondence “FW: Op Charwell – coronial 05 FEB 2020investigation – statement required” Morgan, Beer (6p)
06 FEB 2020 18 - 10 Article “You can’t charge me, I’m a cop: should police, 2018 corrections staff and law enforcement officers be immune from criminal liability for actions carried out against vulnerable
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A people in the course of their duties?” by Stephen Gray 18 - 11 Email correspondence “Top 10: UOF / EVD” Fernandes, 30 JAN 2020Anticich attaching use of force data (4p)
01 MAY 2020 18 - 12 Email attaching Terms of reference for Organisational 13 MAY 2020 Response Steering Committee (4p) 18 - 13 Email attaching updated Terms of reference for Organisational 15 MAY 2020 Response Steering Committee (4p) 18 - 14 Police Administration Act 1978 Section 19 Aboriginal Community Police and auxiliaries 18 - 15 NTPOL ACPO Schedule of powers 23 MAY 2022 18 - 16 Yuendumu Station Profile 18 - 17 Draft induction document dated 2020 18 - 18 Station Profile 2014 18 - 19 Yuendumu Police Station 2022 Induction document 18 - 20 NTPF Workplace Induction 10 OCT 2013 18 - 21 NTPOL Types of PROMIS alerts IRT deployments to Borroloola 18 - 22 NT PROMIS entries for deployments to Borroloola 18 - 23 NT Police Case Note: (44027005) Escape Custody – 26 DEC 2018 Borroloola 18 - 24 NT Police Case Note: (44027765) NOBLE arrested 28 DEC 2018 18 - 25 NT Police Case Note: (44027732) Running sheet 28 DEC 2018 18 - 26 NT Police IJIS Offender Journal 28 DEC 2018 18 - 27 Statement of facts 21853160 18 - 28 NTPF Consent Agreement 2019
PART 19 CRIMINAL PROSECUTION 19 - 1 R v Rolfe – statement of facts (7p) 19.12.2019 19 - 2 Considerations in relation to bail (5p) 19 - 3 Bail Form (3p) 13 NOV 2019 19 - 4 Notice to prosecutors (1p) 19 - 5 Folio index
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 19 - 6 Witness index Transcripts 19 - 7 Local Court – mention (5p) 19.12.2019 19 - 8 Local Court – mention (5p) 09.04.2020 19 - 9 Local Court – mention (7p) 22.07.2020 19 - 10 Local Court – mention (27p) 14.08.2020 19 - 11 Local Court – committal day one (81p) 01.09.2020 19 - 12 Local Court - committal day two (91p) 02.09.2020 19 - 13 Local Court - committal day three (70p) 03.09.2020 19 - 14 Local Court – committal submissions (38p) 25.09.2020 19 - 15 Supreme Court (7p) 20.01.2021 19 - 16 Supreme Court (8p) 31.03.2021 19 - 17 Supreme Court (6p) 23.08.2021 19 - 18 Supreme Court (55p) 20.12.2021 19 - 19 Supreme Court (93p) 21.12.2021 19 - 20 Supreme Court – trial (22p) (published) 07.02.2022 19 - 21 Supreme Court – trial (51p) (published) 08.02.2022 19 - 22 Supreme Court – trial (62p) (published) 09.02.2022 19 - 23 Supreme Court – trial (54p) (published) 10.02.2022 19 - 24 Supreme Court – trial (70p) (published) 11.02.2022 19 - 25 Supreme Court – trial (72p) (published) 14.02.2022 19 - 26 Supreme Court – trial (59p) (published) 15.02.2022 19 - 27 Supreme Court – trial (64p) (published) 16.02.2022 19 - 28 Supreme Court – trial (62p) (published) 17.02.2022 19 - 29 Supreme Court – trial (59p) (published) 18.02.2022 19 - 30 Supreme Court – trial (45p) (published) 21.02.2022 19 - 31 Supreme Court – trial (63p) - (published) 22.02.2022 19 - 32 Supreme Court – trial (62p) - (published) 23.02.2022 19 - 33 Supreme Court – trial (61p) - (published) 24.02.2022 19 - 34 Supreme Court – trial (53p) - (published) 25.02.2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 19 - 35 Supreme Court – trial (51p) - (published) 28.02.2022 19 - 36 Supreme Court – trial (63p) - (published) 01.03.2022 19 - 37 Supreme Court – trial (67p) - (published) 02.03.2022 19 - 38 Supreme Court – trial (60p) - (published) 03.03.2022 19 - 39 Supreme Court – trial (73p) - (published) 04.03.2022 19 - 40 Supreme Court – trial (42p) - (published) 07.03.2022 19 - 41 Supreme Court – trial (72p) - (published) 08.03.2022 19 - 42 Supreme Court – trial (57p) - (published) 09.03.2022 19 - 43 Supreme Court – trial (51p) - (published) 10.03.2022 19 - 44 Supreme Court – trial (3p) - (published) 11.03.2022 Judgments 19 - 45 The Queen v Rolfe (No 1) [2020] NTSC 80 (16p) 17.12.2020 19 - 46 The Queen v Rolfe (No. 2) [2021] NTSC 45 (21p) 18.06.2021 19 - 47 The Queen v Rolfe (No 3) [2021] NTSC 46 (15p) 22.06.2021 19 - 48 The Queen v Rolfe (No. 4) [2021] NTSC 58 (43p) 13.08.2021 19 - 49 The Queen v Rolfe (No 5) [2021] NTSCFC 6 (100p) 13.08.2021 19 - 50 The Queen v Rolfe (No 6) [2021] NTSC 65 (18p) 19.08.2021 19 - 51 The Queen v Rolfe [2021] HCA 38 (17p) 10.11.2021 19 - 52 The Queen v Rolfe (No 7) [2022] NTSC 1 (63p) 20.01.2022 19 - 53 The Queen v Rolfe (No 8) [2022] NTSC 11 (17p) 22.02.2022 19 - 54 The Queen v Rolfe (No 9) [2022] NTSC 22 (6p) 30.03.2022 Trial MFIs and Exhibits Tendered 19 - 55 Agreed trial exhibit list (12p) 07.02.202210.03.2022 19 - 56 Exhibit 1: Crown bundle of documents including Agreed Facts 08 FEB 2022 19 - 57 Exhibit 2: Crown bundle including BWV transcripts and still 09 FEB 2022 images of axe incident on 06.11.2019 and CCTV still images of Yuendumu Police Station on 09.11.2019 19 - 58 Exhibit 7: Person Entity Profile Report for Kumanjayi Walker 10 FEB 2022 (created on 24.08.2020 19 - 59 Exhibit 8: PROMIS Case Note (44194706) (axe incident) 10 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A (created on 06.11.2019) 19 - 60 Exhibit 9: Sketch plan of Yuendumu Police Station Muster 10 FEB 2022 Room 19 - 61 Exhibit 12: BWV transcript of SC Anthony Hawkings at 10 FEB 2022 Yuendumu Police Station (aftermath of shooting incident; 09.11.2019; 9.12pm) 19 - 62 Exhibit 13: Email from Detective Sgt Wayne Newell to Sgt Julie 11 FEB 2022 Frost (18.11.2020) 19 - 63 Exhibit 14: Standard Operating Procedures (Alice Springs – 11 FEB 2022 Immediate Response Team) 19 - 64 Exhibit 20: Sketch plan of IRT briefing at Alice Springs Police 14 FEB 2022 Station on 09.11.2019 prepared by Constable 1/C Breanna Bonney 19 - 65 Exhibit 25: Crown bundle of shooting incident (BWV transcripts 17 FEB 2022 & still images from 09.11.2019) 19 - 66 Exhibit 27: Aerial image of House 511 marked by SC Anthony 17 FEB 2022 Hawkings 19 - 67 Exhibit 31: BWV transcript of SC Anthony Hawkings at 17 FEB 2022 Yuendumu Police Station (aftermath of shooting incident; 09.11.2019; 7.30pm) 19 - 68 Exhibit 37: Part 4 (Edged and Blunt Weapon Awareness) of 18 FEB 2022 Police ‘Defensive Tactics’ Training Module (Facilitator Guide) 19 - 69 Exhibit 40: Bundle of four forensic photographs of the scissors 21 FEB 2022 19 - 70 Exhibit 49: Bundle of two annotated photographs of the T-shirt 21 FEB 2022 worn by the deceased at the time of the shooting incident 19 - 71 Exhibit 51: Summary of forensic examination and findings in 21 FEB 2022 relation to the scissors prepared by forensic biologist Kate Cheong-Wing 19 - 72 Exhibit 52: Bundle of three annotated photographs of the 21 FEB 2022 Police issue shirt worn by the accused on 09.11.2019 19 - 73 Exhibit 53: Summary of forensic examination and findings in 21 FEB 2022 relation to the Police issue shirt worn by the accused on 09.11.2019 prepared by forensic biologist Kate Cheong-Wing 19 - 74 Exhibit 54: Bundle of three annotated photographs of the 21 FEB 2022 Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 19 - 75 Exhibit 55: Summary of forensic examination and findings in 21 FEB 2022 relation to the Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by forensic biologist Kate
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Cheong-Wing 19 - 76 Exhibit 56: Curriculum vitae of Dr Marianne Tiemensma 22 FEB 2022 19 - 77 Exhibit 57: Diagram and annotated photograph of bullet 22 FEB 2022 wounds to the body of the deceased prepared by Dr Marianne Tiemensma 19 - 78 Exhibit 58: Bundle of email correspondence between Dr 22 FEB 2022 Marianne Tiemensma and investigating officers/DPP (16.03.2020 – 24.08.2020) 19 - 79 Exhibit 61: myADAPT Police training overview for Remote Sgt 23 FEB 2022 Adam Eberl 19 - 80 Exhibit 62: Crown bundle of NTPF Orders and Guidelines 23 FEB 2022 including Defensive Tactics facilitator guide 19 - 81 Exhibit 63: Cordon and Containment Course Southern 23 FEB 2022 Command Joining Instructions (08.05.2017-19.05.2017) 19 - 82 Exhibit 65: Cordon and Containment Course Southern 24 FEB 2022 Command Joining Instructions (08.05.2017-19.05.2017) 19 - 83 Exhibit 66: Email correspondence between Timothy Simpson 24 FEB 2022 and an investigating officer (25.05.2020) 19 - 84 Exhibit 67: Bundle of four photographs depicting damage to 24 FEB 2022 the black tactical vest with plate worn by the accused on 09.11.2019 19 - 85 Exhibit 68: Email correspondence between Timothy Simpson 24 FEB 2022 and the parties to these proceedings (03.02.2022) 19 - 86 Exhibit 69: Bundle of three reports and curriculum vitae 25 FEB 2022 prepared by Dr Andrew McIntosh 19 - 87 Exhibit 71: Curriculum vitae of Dr Paull Botterill 25 FEB 2022 19 - 88 Exhibit 72: Report prepared by Dr Paull Botterill (02.06.2020) 25 FEB 2022 19 - 89 Exhibit 73: Email correspondence between Dr Paull Botterill 25 FEB 2022 and an investigating officer (15.07.2020; 28.07.2020) 19 - 90 Exhibit 74: Curriculum vitae of Dr Joannah Lee 28 FEB 2022 19 - 91 Exhibit 75: Bundle of five annotated photographs of the Police 28 FEB 2022 issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by Dr Joannah Lee (19.01.2022) 19 - 92 Exhibit 76: Summary of results of forensic DNA analysis in 28 FEB 2022 relation to the Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by Dr Joannah Lee 19 - 93 Exhibit 77: Curriculum vitae of Detective Senior Sgt Andrew 28 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Barram 19 - 94 Exhibit 78: Bundle of documents relating to Senior Sgt 28 FEB 2022 Barram’s evidence including Police training exam papers completed by the accused + Police training Assessment Instrument relating to the accused (10.11.2016) 19 - 95 Exhibit 79: Facebook post by Detective Senior Sgt Andrew 2 MAR 2022 Barram sharing video (copy of video at Exhibit 80) (02.10.2019) 19 - 96 Exhibit 81: NTPFES Person Location Record relating to the 02 MAR 2022 accused (24.02.2022) 19 - 97 Exhibit 82: Bundle of email correspondence between Dr Keith 02 MAR 2022 Towsey and investigating officers/DPP (15.07.2020 to 24.08.2020) 19 - 98 Exhibit 83: Curriculum vitae of Ben McDevitt 08 MAR 2022 19 - 99 Exhibit 84: Bundle of four documents relating to a Police use of 08 MAR 2022 force model developed by Ben McDevitt 19 - 100 Electronic exhibits: exhibit 12, 25, 31, 39, 59, 60, 80 Suppression and non—publication Orders Tendered 19 - 101 Order made by Chief Judge Morris 21 FEB 2020 19 - 102 Order made by Judge Birch 01 JUL 2020 19 - 103 Order made by Judge Birch 03 SEP 2020 19 - 104 Order made by Chief Judge Morris 08 SEP 2020 19 - 105 Order made by Judge Birch 26 OCT 2020 19 - 106 Order made by Acting Justice Mildren 11 DEC 2020 19 - 107 Order made by Acting Justice Mildren 18 JUN 2021 19 - 108 Order made by Acting Justice Mildren 19 JUL 2021 19 - 109 Order made by Acting Chief Justice Southwood 22 JUL 2021 19 - 110 Order made by Acting Chief Justice Southwood 28 JUL 2021 19 - 111 Order made by Acting Justice Mildren 30 JUL 2021 19 - 112 Order made by Acting Justice Mildren 13 AUG 2021 19 - 113 Amended Order made by Justice Southwood 17 AUG 2021 19 - 114 Order made by Chief Justice Grant 19 NOV 2021 19 - 115 Order made by Justice Burns 20 DEC 2021
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 19 - 116 Order made by Justice Burns 20 JAN 2022 19 - 117 Order made by Justice Burns 31 JAN 2022 19 - 118 Amended Order made by Justice Burns 09 FEB 2022 19 - 119 Order made by Justice Burns 15 FEB 2022 19 - 120 Order made by Justice Burns 16 FEB 2022 19 - 121 Order made by Justice Burns 18 FEB 2022 19 - 122 Order made by Justice Burns 22 FEB 2022 19 - 123 Order made by Justice Burns 01 MAR 2022 19 - 124 Order made by Justice Burns 03 MAR 2022
PART 20 OTHER MATERIAL NORTHERN TERRITORY ABORIGINAL JUSTICE AGREEMENT 20 - 1 Letter Streeton Lawyers to Human Rights Commission 06 MAY 2020 20-2 Northern Territory Aboriginal Justice Agreement 2021-2027 20-3 Northern Territory Aboriginal Justice Agreement Action Plan 2021-2022 20-4 Northern Territory Aboriginal Justice Agreement Implementation Strategy 2021-2027 20-5 Pathways to the Northern Territory Aboriginal Justice Agreement
MILITARY RECORDS 20-6 Military records for Adam DONALDSON 20-7 Military records for James KRISTENFELDT Material from Royal Commission into the Protection and Detention of Children in the Northern Territory 20-8 BATH, Dr Howard – report “Growing them Strong, Together: Promoting the Safety and Wellbeing of the Northern Territory’s Children”.
20-9 BATH, Dr Howard – statement 01 OCT 2016 20-10 BATH, Dr Howard – transcript of evidence at the Royal 31 MAY 2017 Commission
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 20 – 10A HOWARD, Dr Damien – statement to the Royal Commission 05 OCT 2016 20 – 10B HOWARD, Dr Damien – evidence to the Royal Commission 13 OCT 2016 20-11 Final Report, Chapter 25: The Path into Detention Legal Issues in Inquests 20-12 Aberdeen, John ““Blowed off by a side wind”? Coronial inquests following criminal acquittals” J Law Med 2016 Mar 23(5):595-608 20-13 Freckleton QC, Ian “Procedural Fairness and the Coroner” (2018)
26 JLM 7 20-14 Freckleton QC, Ian “Minimising the Counter-Therapeutic effects of Coronial Investigations: In search of balance” QUT Law Review 16(3) 4-29 20 – 14A NEWHOUSE, George, GHEZELBASH, Daniel and WHITTAKER, 2020 Alison – article “The Experience of Aboriginal and Torres Strait Islander Participants in Australia’s Coronial Inquest System: Reflections from the Front Line” – International Journal for Crime, Justice and Social Democracy 9(4) 2020 20 – 14B Victorian Equal Opportunity & Human Rights Commission & Victorian Aboriginal Legal Service “Resource: Investigating systemic racism – a Tanya Day inquest resource for advocates and lawyers” Academic articles 20 – 14C ATKINSON, Judy “Thea Astley Address” 2022 20-15 Butler, Judith “Endangered/Endangering: Schematic Racism and White Paranoia” 1993, in Reading Rodney King: Reading Urban Uprising, ed. Robert Gooding-Williams, 15-22. New York and London: Routledge 20 – 15A CARLSON, Bronwyn & FRAZER, Ryan (2015) “It's like going to a cemetery and lighting a candle: Aboriginal Australians, sorry business and social Media” AlterNative: an international journal of indigenous peoples, 11 (3), 211-224 20-16 Chapman, Lora Elizabeth “‘Cop chasing’ in Alice Springs: Youth Experiences of surveillance in a Central Australian Town” 2022 The Australian Journal of Anthropology special edition 20-16A COOMBS, Dr HC and STANNER, Prof WEH (1974) Report on Visit to Yuendumu and Hooker Creek
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 20-17 Curran, Georgia “Justice for Walker: Warlpiri responses to the police shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20-18 Daly, Professor Anne & Barrett, Greg “Independent Cost Benefit Analysis of the Yuendumu Mediation and Justice Committee” 2014 20-19 Finnane, Mark & Finnane, Kieran (2011) A Death in Alice Springs, Current Issues in Criminal Justice, 23:2, 255-271 20-20 Folds, Ralph “Aboriginal crime at the cultural interface in Central Australia” Crime Media Culture 2019, Vol. 15(1) 107-124 20-20A HINKSON, Melinda 2014 'Remembering the Future: Warlpiri Life through the prism of drawing' Preface and Chapter 2 20-21 Hinkson, Melinda “Afterward: Context erasure” 2022 The Australian Journal of Anthropology special edition 20-21A HOLLINSWORTH, David “Cultural awareness training, racism awareness training or antiracism?: Strategies for combating institutional racism” 1992 Journal of Intercultural Studies 13:2, 37-52 20-22 Horton, Patrick “Carceral spectres: hyperincarceration and the haunting of Aboriginal life” 2022 The Australian Journal of Anthropology special edition 20 – 22A HOWARD, Dr Damien & BARNEY, Jody – article “How mainstream 22 JUN 2020 services are failing the many indigenous people with hearing loss in custody” – The Mandarin 20 – 22B HOWARD, Dr Damien & Others – article “The link between hearing impairment and child maltreatment among Aboriginal children in the Northern Territory of Australia: is there an opportunity for a public health approach in child protection?” BMC Public Health (2020) 20:449 20 – 22C McFARLANE, Professor Alexander & Others – article “Problem 2022 anger in veterans and military personnel: Prevalence, predictors, and associated harms of suicide and violence” Journal of Psychiatric Research 151 (2022) 57-64 20 – 22D McFARLANE, Professor Alexander & Others – article “The role of 2021 inhibitory process in the relationship between subsyndromal PTSD symptoms and aggressive behaviour” Journal of Psychiatric Research 143 (2021) 357-363 20 – 22E McFARLANE, Professor Alexander – book chapter “Anger in occupations characterised by repeated threat and stress exposure” 20 – 22F McFARLANE, Professor Alexander – submission to senate Inquiry 20 JUN 2018 “The People behind 000” 20-23 Musharbash, Yasmine “Yuendumu CDEP: The Warlpiri work ethic and Kardiya staff turnover” 2004 in The Indigenous Welfare Economy and the CDEP Scheme, ed F. Morphy and W.G.
Sanders, 153-165. ANU Press 20-24 Musharbash, Yasmine Yuendumu Everyday: Contemporary life in remote Aboriginal Australia 2008 Aboriginal Studies Press
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 20-25 Musharbash, Yasmine “Warlpiri fears/whitefella fears: Ways of being in Central Australia seen through an emotion” 2009 Emotion Space and Society 3 (2010) 95-102 20-26 Musharbash, Yasmine “‘Only whitefella take that road’: Culture seen through the intervention at Yuendumu” 2010 in Culture Crisis: Anthropology and Politics in Aboriginal Australia, ed. John Altman and Melinda Hinkson, 212-225 20-27 Musharbash, Yasmine “Monstrous Transformations: A Case Study from Central Australia” 2014, in Monster Anthropology in Australasia and Beyond, ed. Yasmine Musharbash and Geir Henning Presterudstuen, 39-55. Palgrave Macmillan New York 20-28 Musharbash, Yasmine (2017) “Telling Warlpiri Dog Stories”, Anthropological Forum, 27:2, 95-113, 20-29 Musharbash, Yasmine “A Story in and on Signs: Making Resistance and Acquiescence Legible as Forms of Resilience” 2019, in Pacific Realities: Changing Perspectives on Resilience and Resistance, ed. Laurent Dousset and Melissa Nayral, 23-43.
New York and Oxford: Berghahn 20-30 Musharbash, Yasmine “An Introduction in 3 parts: Anthropological perspectives on the shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20 – 30A MUSHARBASH, Yasmine “‘Sorry Business is Yapa Way’: Warlpiri Mortuary Rituals as Embodied Practice” 2009, in Mortality, Mourning and Mortuary Practices in Indigenous Australia, edited by Katie Glaskin et al. Pp. 21-36 20-31 Pawu-Kurlpurlurnu WJ, Holmes M and Box L. 2008. Ngurra-kurlu: A way of working with Warlpiri people, DKCRC Report 41. Desert Knowledge CRC, Alice Springs 20-32 Perera, Suvendrini and Pugliese, Joseph “Death in a Dry River: Black Life, White Property, Parched Justice” 2011) Somatechnics 1.1: 65-86 20 – 32A PERRY, Bruce and HAMBRICK, Erin “The Neurosequential Model of Therapeutics” 2008 Reclaiming Children and Youth 17.3:38-43 20 – 32B RANZIJN, Rob, McCONNOCHIE, Keith and NOLAN, Wendy “Psychology and Indigenous Australians: Effective Teaching and Practice” 2008 Cambridge Scholars Publishing 20-33 Razack, Sherene H. “Settler Colonialism, Policing and Racial Terror: The Police Shooting of Loreal Tsingine” 2020 Feminist Legal Studies 28:1-20
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A 20-34 Redmond, Anthony “Military policing and labour extraction in the north-west Kimberley” 2022 The Australian Journal of Anthropology special edition 20-35 Scarfe, Liz “Erasing Trauma – Erasing Indigeneity: How the settler colonial state erased Warlpiri trauma in the wake of the police shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20-36 Vaarzon-Morel, Petronella “Hope in a time of world-shattering events and unbearable situations: policing and an emergent 'ethics of dwelling' in Lander Warlpiri Country” 2022 The Australian Journal of Anthropology special edition FASD material 20-37 Fetal Alcohol Spectrum Disorder (FASD): An update on police and 2022 practice in Australia Other 20 – 38 Australian Institute of Criminology report – Deaths in custody in 2021 Australian 2020-2021 20 – 39 Australian Institute of Health and Welfare – Hearing health 2021 outreach services for Aboriginal and Torres Strait Islander children in the Northern Territory July 2012 to December 2020 20 – 40 Human Rights Commission – Indigenous deaths in custody 19891996 Profile – Male 48 died 28 April 1990, Elcho Island NT 20 – 41 KORF, Jens – article “Ear health and Hearing Loss” – Creative 20 MAR 2020 Spirits 20 – 42 NT Health “Hearing loss is preventable” 03 MAR 2020 20 – 43 PANTHEE, Madhu Yuendumu Peace Mission Presentation 20 – 44 Senate Report “The People behind 000: mental health of our first FEB 2019 responders” 20 – 45 Root Cause Analysis (RCA) - Department of Health responses to a 14 JAN 2021 Critical Incident in Yuendumu in November 2019 20 – 46 7New Spotlight - Life and Death (45m56s) – recording 20 – 47 7New Spotlight - Life and Death (45m56s) – transcript 20 – 48 7News Spotlight - The Trial of 'Killer' Cop Zachary Rolfe (35m53s)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A – recording 20 – 49 7News Spotlight - The Trial of 'Killer' Cop Zachary Rolfe (35m53s) – transcript 20 – 50 7News Spotlight Footage video 1 20 – 51 7News Spotlight Footage video 1 – transcript 20 – 52 7News Spotlight Footage video 2 20 - 53 7News Spotlight Footage video 2 - transcript 20 – 54 7News Spotlight Footage video 3 20 – 55 7News Spotlight Footage video 3 – transcript 20 – 56 Flinders University Introduction to Central Australian Aboriginal Cultures and Context Handbook 20 – 57 Flinders University Aboriginal Cultural Awareness Program Tier 1 presentation 20 – 58 Flinders University Aboriginal Cultural Awareness Program Tier 2 presentation 20 – 59 Flinders University Aboriginal Cultural Awareness Program Tier 3 presentation 20 – 60 SHAW, Gillian “An evaluation of the Warlpiri Youth Development Aboriginal Corporation Youth Development Program, incorporating the WETT (Warlpiri Education Training Trust) Youth Development Program” 20 – 61 WANTA Aboriginal Corporation Annual Report 2020-2021 20 – 62 Submission on behalf of Walker family members, Ned Hargraves, 01 NOV 2022 Valerie Martin, Karl Hampton, Jumbunna Institute and Olivia Nigro 20 – 63 Central Desert Regional Council letter 10 NOV 2022 20 – 64 Ngukurr 2009 Mutual Respect Agreement 2009 20 – 64A Mutual Respect Agreement YMDAC and NT Police 14 JUL 2022 20 – 65 Ngukurr Community Engagement Study & Plan 20 – 66 WYDAC General Report 2021 20 – 67 WYDAC Financial Report 2021 20 – 68 WYDAC Director’s Report 2021 20 – 69 Northern Territory Government “Local Decision Making Policy Framework” 20 – 70 Royal Commission into Aboriginal Deaths in Custody Report –
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure A Volume 4, 29.5 Police Accountability 20 – 71 HOLLINSWORTH, David - 'Campaign to Combat Racism' Report 27 AUG 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure B
THE CORONIAL INQUEST INTO THE DEATH OF KUMANJAYI WALKER COMMUNITY EDUCATION KEY MESSAGES What is a Coronial Inquest?
At an Inquest the Coroner’s job is to to work out how someone died.
The Coroner does this by listening to people tell their stories and by reading documents and looking at other evidence, like videos and pictures.
Most of the Inquest happens in a courtroom.
During Kumanjayi Walker’s Inquest, the Coroner will listen to evidence about:
• What happened when Kumanjayi died;
• What caused Kumanjayi’s death;
• What happened before and after he died;
• Whether there are bigger issues that might have led to his death. For example: o Issues with the police; o Issues at a health clinic; o Other issues in the community
• Whether there should be some changes (like to police training or how Yapa and Kardiya can work together) to try to make sure this doesn’t happen again?
What can and can’t the Coroner do at the end of the Inquest?
At the end of the Inquest, the Coroner will write a report. In the Report:
• The Coroner will say what she thinks happened. For example, she will say when Kumanjayi died, what caused the death, and whether there were any bigger issues or problems that led to his death. This part of the report is called the Coroner’s “findings”.
• The Coroner can tell other groups (including the Government, Police and Health) if there are things that the Coroner thinks should change to make things better. This part of the report is called the Coroner’s “recommendations”. She can’t force people to do what she recommends, but what she says is taken very seriously. There have been inquests that have made really good changes, that mean community is safer.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure B The end of an Inquest is different to the end of a criminal trial.
• At the end of a criminal trial, the jury decides if a person is guilty or not-guilty. That is the only thing the jury is allowed to think about. If the jury says the person is guilty, then the judge punishes the guilty person.
• At the end of an Inquest, the Coroner is not allowed to decide whether ANY person is guilty or not-guilty. The Coroner is not allowed to punish people for things that happened in the past. The Coroner’s job is to try to make sure that the same things don’t happen in the future.
At the end of an Inquest, the Coroner cannot order a retrial:
• Normally, if a person is found not guilty by a jury, that decision is final.
• The Coroner is not allowed to change the jury’s decision from not-guilty to guilty.
• The Coroner is not allowed to order that there should be a new trial in front of a different jury.
What is the reason for having a Coronial Inquest?
There are two big reasons to have an Inquest:
• The first reason to have an Inquest is that it allows the full truth to be told about how Kumanjayi died. Because the Coroner needs to think about bigger issues that might be related to his death, the Coroner can hear more evidence than a jury can at a criminal trial. The Coroner can also listen to more witnesses than a jury at a criminal trial, for example, Yapa witnesses from Yuendumu.
• The second reason to have an Inquest is to try to make sure that in the future people don’t die in the same way again.
What kinds of issues will the Coroner look at in this Inquest?
The Coroner will look at a very big list of issues during the Inquest.
Some of those issues are:
• How did Kumanjayi die?
• What did police do to arrest Kumanjayi? Should the police have done things differently? Are there police policies or rules that need to be changed? When should police be allowed to carry guns in community?
• What happened after he was shot and why?
• Why did the health clinic staff leave Yuendumu?
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure B
• Are there ways to make sure that young people like Kumanjayi aren’t getting into trouble with the police?
• What changes do family and the community want following his death?
At the end of this document, there is a longer list of the types of issues the Coroner will think about.
Who is the Coroner?
The Coroner’s name is Elisabeth Armitage. She is a judge of the Local Court of the Northern Territory as well as the Coroner. The Local Court is a different court to the Supreme Court, which heard Zachary Rolfe’s trial.
The Coroner has lived and worked in the Northern Territory for more than 20 years. She has done lots of work in indigenous communities, including Walrpiri communities like Lajamanu.
At the moment, she is the judge for communities like Angurugu and Umbakumba, on Groote Eylandt, and for Numbulwar.
The Coroner is neutral, like an umpire. She isn’t on anyone’s side. The Coroner must listen to all of the evidence and all of the submissions by all the lawyers. When she has listened to all of the evidence and the submissions she must decide what happened in a fair and independent way.
In the lead up to the Inquest, and during the Inquest, the Coroner will make sure enough evidence is heard to get the full story. The Coroner can also decide how that evidence can be shared with her so that everyone that needs to share their story can do so safely.
Who else is working on the Inquest?
Counsel Assisting The “counsel assisting” are the lawyers who help the Coroner. Their names are Peggy Dwyer and Paddy Coleridge. The one who will do most of the talking in Court is Peggy Dwyer.
You might see Peggy and Paddy in the community in Yuendumu, listening to people’s stories and helping to explain what is happening. You can tell Peggy or Paddy if you want to tell your story again in Court. You don’t have to. It’s up to you to decide.
Like the Coroner, counsel assisting are neutral. They are not on anyone’s side.
Counsel assisting’s job is to help the Coroner. For example, counsel assisting:
• Work out who wants to tell their story to the Coroner;
• Ask most of the questions of witnesses in Court at the Inquest; and
• Make submissions to the Coroner about what happened and what recommendations
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure B should be.
An important part of counsel assisting’s job is to talk to people in the community, and all of the lawyers for the other parties, to encourage them to work together.
The parties and their lawyers “The parties” are people or groups or organisations who are allowed to question witnesses, or make submissions to the Coroner at the Inquest, through their lawyers.
They are allowed to do this because:
• They might have seen or heard what happened around the time of Kumanjayi’s death;
• They might have special knowledge that is important to help the Coroner understand his death; or
• They might have good ideas about how things should change to stop deaths, like Kumanjayi’s, from happening in the future.
In this case, the parties are:
• The Brown family;
• The Lane, Walker and Robertson families;
• The Parumparru Committee;
• The North Australia Aboriginal Justice Agency (NAAJA);
• Zachary Rolfe;
• The Northern Territory Police Force, including the Commissioner;
• The Northern Territory Department of Health.
The parties each have their own lawyers.
Where and when will the Inquest be?
The Inquest will start on 5 September this year.
The Inquest will start in Alice Springs. The Inquest will probably continue for three months, until the end of November. During this time the Coroner will hear most of the
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure B evidence in the Inquest. The inquest wil be “Live streamed” so people can watch it on the computer. The Coroner is working to set up some places in Yuendumu where people can watch the inquest on a screen, if they can’t get into Alice Springs.
At the end of November, after the evidence has been heard, the parties can tell the Coroner what they think all the evidence means and what should be done for the future. These are called submissions.
During the Inquest there will be some breaks, when everyone can rest and think about what has been happening and prepare for the next part of the Inquest. For example, there will be no Court in the week of 3-7 October, and no Court in the week of 7-11 November. If there is not enough time to finish all the evidence and submissions, there might be some more time added to the Inquest in early 2023.
Once all the evidence and submissions are finished, the Coroner will take some time to write her report (with the findings and recommendations). This might take about two or three months.
The Coroner’s findings need to bring everyone’s stories together to say as best as she can what the true story is. The Counsel Assisting and the Coroner will work very hard to make sure everyone’s parts of the story are heard.
But, because the stories all come from lots of different people with different points of view, sometimes people might not fully agree with the story. The Coroner asks everyone to listen to each other, and try to understand each other, so we can work together to keep everyone safe.
What should I do if I want to share my story or want support?
The best chance the Coroner has to find the true story is for everyone to be honest and share their stories. This can be a hard thing to do because it is a hard story to tell when someone dies.
If you need some help or support to tell your story, or if you are sad or feeling sorry, you can do a few different things:
• If you have a lawyer already, then speak to them first so they can help you to write your story down;
• If you don’t have a lawyer, or after you have spoken with your lawyer, then you can talk to Peggy and Paddy. They will be patient with you and try to help you tell your story and write it down. You can call this number to speak to Paddy or Peggy (08) 8999 7770.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure C Coroner Elisabeth Armitage's visit to Yuendumu Monday 14th November 2022
Welcome 1: Senior Men Welcome 2: Senior Women Location: Cultural area near Memory House; Coroner to wait in a different place until called and guided to the Senior Men and Women.
Memory House, 511, Kumanjayi Walker's Sacred Tree: Sorry Business and Cultural story from a Warlpiri spiritual perspective of Kumanjayi's passing by Kumanjayi's grandmother Jean Brown (Note: this could be at another time when the Coroner Visits house 511) When the cultural welcome and sacred tree story are finished, Yapa will walk the Coroner to the basketball court for the community meeting.
Community Truth Telling Meeting Location: WYDAC Yuendumu Basketball Court MC: Eddie Robertson and Warren Williams Snr Opening 1: Justice for Walker's video of Yapa's journey for the last three years and protocols for the community meeting Opening 2: Short speeches by Elders (Robin or Ned) talking about Warlpiri Culture, history, Coniston Massacre and Tjukurrpa.
(Media to leave) Truth Telling to the Coroner (translated by Valda) Closing1: Luritja Action (dance performance) or speech by the Luritja family Closing 2: Community BBQ facilitated by WYDAC
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure C Tuesday 15th November 2022
Coroner to spend time with KumanjayiWalker's family during site visits: ● House 511 (Memory House):Brown family - Joyce Brown, Samara Fernandez, Jean Brown, Margaret Brown and Leanne Oldfield (Kumanjayi's mother) ● House 577: Robertson family - Eddie and Lottie Robertson ● Police Station: Walker family - Alice Nelson with Warren and Derek Williams, Jabison Williams (and if present: Louanna Williams) ● Yuendumu Airport: Lane family from Papunya - Serita Lane and Sammy Butcher
Parumpurru Committee and Kumanjayi’s peers educate Coroner on Warlpiri Cultural Matters of significance: Yarning circle with Parumpurru Committee and young people of Yuendumu, overseen by Elders, to talk about issues.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure D Coroner Elisabeth Armitage's visit to Yuendumu Monday 14th November 2022
Senior Warlpiri Women and Men to culturally and formally welcome the Coroner and party to Yuendumu.
Welcome 1: Senior Men Welcome 2: Senior Women When the cultural Welcome is finished, Yapa will walk the Coroner to the basketball court for the community truth-telling meeting.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure D Coroner Elisabeth Armitage's visit to Yuendumu Tuesday 15th November 2022
WYDAC Purple House, Yuendumu School Yuendumu Pool
10:00 am - Yarning Circle Location: Yuendumu Learning Centre Parumpurru Committee and Kumanjayi’s peers educate the Coroner on Warlpiri Cultural Matters of significance in a Yarning circle overseen by Elders.
Coroner is to continue to visit sites connected to Kumanjayi Walker’s passing throughout Yuendumu.
The coroner is to spend time with Kumanjayi Walker's family during the following sites: House 511: (Memory House): Brown family - Joyce Brown, Samara Fernandez, Jean Brown, Margaret Brown and Leanne Oldfield (Kumanjayi's mother) House 577: Robertson family - Eddie and Lottie Robertson Yuendumu Airport: Lane family from Papunya - Serita Lane and Sammy Butcher Police Station: Walker family - Alice Nelson with Warren and Derek Williams, Jabison Williams
Also guided by Kumanjayi’s other family.
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure E
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure E
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F (23p) (sensitive photos redacted) 1 - 16 Additional statement of Dr Marianne TIEMENSMA (2p) 01 MAY 2020 1 - 17 Toxicology summary report of Heather Joy LINDSAY (3p) 06 DEC 2019 1 - 18 Supplementary toxicology summary report of Heather Joy 06 JAN 2020 LINDSAY (3p) 1 - 19 Supplementary toxicology summary report of Heather Joy 06 APR 2020 LINDSAY (2p) 1 - 20 Birth Certificate of Charles Arnold Walker (1p) 19 SEP 2018 1 - 21 Email Authority for Autopsy – Jean Brown (1p) 10 NOV 2019 1 - 22 PROMIS 9126489 re unlawful entry 06.11.19 06 NOV 2019 1 – 22A PROMIS No.9126489 photographs x5 1 - 23 PROMIS 9128959 re unlawful entry 09.11.19 09 NOV 2019 1 - 24 PROMIS 9129310 re unlawful entry 09.11.19 09 NOV 2019 1 – 24A PROMIS No.9129310 photograph x 1 1 - 25 PROMIS 9129313 re unlawful entry 09.11.19 09 NOV 2019
PART 2 BACKGROUND MATERIAL – WALKER Chronologies and summaries 2 - 1 History of Charles Arnold WALKER (54p) 2 - 2 Timeline of the life of Charles Arnold Walker (104p) 2 - 3 Chronology – KUMANJAYI WALKER aka Arnold WALKER – Territory Families (17p) 2 - 4 Genogram supplied by Leanne OLDFIELD (1p) 02 JUL 2001 2 – 4A Walker’s family tree (2p) 2 – 4B Walker timeline 15.10.19-10.11.19 (3p) 2 – 4C Walker – Criminal history Health Records Inpatient Admission Records 2 - 5 Inpatient Admission Record NT Health – Arnold WALKER 13 OCT 2000 (6p) ‐ 2 - 6 Inpatient Admission Record – NT Health – Arnold WALKER 29 OCT 2000 (43p) 2 - 7 Inpatient Admission Record – NT Health – Arnold WALKER 04 MAR 2001
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F (28p) 2 - 8 Inpatient Admission Record – NT Health – Arnold WALKER 12 MAY 2001 (35p) 2 - 9 Inpatient Admission Record – NT Health – Arnold WALKER 17 JUN 2001 (27p) 2 - 10 FACS CASE PLAN authored by Kathleen LEAHY (2p) 27 JUN 2001 2 - 11 Inpatient Admission Record – NT Health – Arnold WALKER 06 SEP 2001 (27p) 2 - 12 Inpatient Admission Record – NT Health – Arnold WALKER 19 OCT 2001 (17p) 2 - 13 Inpatient Admission Record – NT Health – Arnold WALKER 25 NOV 2001 (24p) 2 - 14 Inpatient Admission Record – NT Health – Arnold WALKER 12 FEB 2002 (16p) 2 - 15 Inpatient Admission Record – NT Health – Arnold WALKER 26 SEP 2002 (27p) 2 - 16 NT Health Growth charts (3p) 2000-2003 Katherine Hospital Medical Records 2 - 17 Katherine Hospital Medical Records (61p) 12 JAN 2009 2 - 18 Student Enrolment History (1p) 2007-2014 2 - 19 Inpatient Admission Record – NT Health – Arnold WALKER 21 JUL 2018 (14p) 2 - 20 Remote Health Medical Records Client Summary report (140p) 25 JUL 2018 -
30 JUN 2019 2 - 21 Wurli Wurlinjang Health Service Patient Summary (22p) 06 AUG 2020 2 - 22 Drug & Alcohol Services Australia (DASA) – Intervention 08 OCT 2020 History Email from Yasitha MALALASEKARA, Residential Manager (9p) Alice Springs Hospital records 2 - 23 Alice Springs Hospital Records 13 October 2000 – 10 13 OCT 2000 November 2019 -
10 NOV 2019 a. Inpatient admission records, b. Correspondence, c. Pathology reports, d. Radiology reports, e. Diagnostics, f. Emergency Department records,
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F g. Outpatient records, h. Referrals CAAPU records 2 - 24 Central Australian Aboriginal Alcohol Programmes Unit 07 DEC 2018 (CAAPU) Records date 07 December 2018 – 29 October 2019 -
29 OCT 2019 Central Australia Health Service file – 2 - 25 Central Australian Health Service file (605p) 13 OCT 2000 –
13 JUL 2019 Police/ Corrections/Custodial history 2 - 26 IJIS Watch house custody reception and offender journal – 09 JAN 2014 IJIS Episode Number 715712 (4p) 2 - 27 Statutory Declaration of Kerri Anne CHILVERS (4p) 07 MAY 2014 2 - 28 Statutory Declaration of Polic‐e Officer Trent BERRY (6p) 13 MAY 2014 2 - 29 NT Community Corrections Integrated Offender Management 30 APR 2014 System (IOMS) Contact Summary List (146p) –
14 NOV 2019 2 - 30 Custody Incident or Illness Report (CIIR) PROMIS Case: 13 MAY 2014 6359757 (4p) ‐ 2 - 31 Letter from Kerri Anne CHILVERS to Magistrate (3p) 05 JUN 2014 2 - 32 NT Community C‐orrections Pre Sentence Report authored by 24 JUL 2014 Kelly MADDICK(8p) ‐ 2 - 33 NT Police PROMIS Case 6411693 – Assault on Arnold 24 JUL 2014 WALKER (4p) 2 - 34 Letter of Melissa MAY, BushMob Incorporated, to Magistrate 22 DEC 2014 re: Discharge from BushMob Program (2p) 2 - 35 Statutory Declaration of Rekeshia ROBERTSON (8p) 15 APR 2016 2 - 36 NT Police PROMIS Case 7911791 – Resist Arrest / Agg 12 AUG 2016 assault (Rekeshia ROBERTSON) (16p)
(a) Statutory Declaration of Rekeshia ROBERTSON – Date: 12/8/2016
(b) Photo Index: Injuries of Rekeshia ROBERTSON – Date: 12/8/2018
(c) Statutory Declaration of Lottie ROBERTSON – Date: 12/8/2016
(d) Statutory Declaration of Breanna BONNEY – Date:
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 19/8/2016 2 - 37 Community Corrections Bail Assessment Report, authored by 18 AUG 2016 Kelly MADDICK – Ordered for: 19/8/2016 (5p) 2 - 38 Letter of Daniel Ryan, Papunya Youth Development, to Kerri- 11 NOV 2016 Anne Chilvers (2p) 2 - 39 Community Corrections Assessment of Offender Suitability for 17 NOV 2016 General Supervision, authored by Katie MURPHY (3p) 2 - 40 IJIS Watch house custody reception and offender journal – 12 FEB 2017 IJIS Episode Number 823234 – Aggressive episode in cells (6p) 2 - 41 NT Police PROMIS Case 8076895 – resist arrest (16p) 18 FEB 2017
(a) Use of Force – Case Note Entry,
(b) Statutory Declaration of Cedric EGAN,
(c) Statutory Declaration of Helen HOLCROFT,
(d) Statutory Declaration of James ROSE 2 – 41A Dog bite – PROMIS 05 MAR 2017 2 – 41B Dog bite – statement of facts 05 MAR 2017 2 – 41C Dog bite – Use of Force case note 05 MAR 2017 2 - 42 NT Police PROMIS Case 8089676 – resist arrest (18p) 06 MAR 2017
(a) Use of Force – Case Note Entry – Colin ROBSON,
(b) Statutory Declaration of Colin ROBSON,
(c) Statutory Declaration of Elizabeth WILLIAMS,
(d) Statutory Declaration of Franco CAPOLONGO 2 - 43 Letter of Sergeant Greg Burns, Alice Springs Youth Diversion 09 MAR 2017 Unit, to Probation and Parole Officer Marion WALKER (1p) 2 - 44 Community Corrections Pre Sentence Report, authored by 20 MAR 2017 Scott WEILY (11p) ‐ 2 - 45 Department of Children and Families Court Report of Agnes 12 APR 2017 Kenyunyuzi – Youth Justice Act s51 (8p) 2 - 46 Report of Kate CRAWLEY, Forensic Psychologist for Northern 02 MAY 2017 Territory Community Corrections (p) 2 - 47 NT Community Corrections - Movement History – Completed 14 JUL 2017 Offender movement only (4p) -
21 OCT 2019 2 - 48 NT Police PROMIS Case 8661550 – Resist Police / Assault 16 JUL 2018 Police (24p)
(a) Statutory Declaration of Brad SERCOME
(b) Statutory Declaration of Regan RANDLE
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F
(c) Case Note Entry CIIR V2 – Author: Emma MERKER
(d) Case Note Entry Use of Force – Author: David ‐
(e) Case Note Entry – CIIR V2 – Author: David MUNRO 2 - 49 Letter from Kerri Anne CHILVERS to Magistrate (-) 17 JUL 2018 2 - 50 NT Community C‐orrections Youth Detention Centre Case 07 SEP 2018 Notes, authored by Christabelle ROBERTS (6p) 2 - 51 Transcript of Proceedings (Sentencing Remarks) – Judge J. 02 OCT 2018 BAMBER (6p) 2 - 52 Alice Springs Correctional Facility Prisoner Telephone System 01 JUN 2019 (PTS) 1/6/2019 to 6/11/2019 (3p) –
6 NOV 2019 ‐ 2 - 53 Transcript of Proceedings – Sentencing Remarks of Judge 26 JUN 2019 BIRCH (4p) 2 - 54 Alice Springs Correctional Facility Through Care Plan – 13 AUG 2019 Author: D. WILLIAMS (9p) 2 - 55 Assault Police incident 06 Sep 2019 (55p) 2 - 56 Breach Order Investigation (34p) 29 OCT 2019 2 - 57 2 Community Corrections Application for breach of order 05 NOV 2019 suspending sentence and related paperwork (9p) 2 - 58 NT Police PROMIS Case 9191115 Case Note Entry 0235 11 AUG 2020 Telephone conversation with Maxin‐e BOLLARD (2p) 2 - 59 BushMob Intervention History - email from Nirajan DHAREL, 08 OCT 2020 Facility Manager (3p) 2 - 60 NT Police Promis Case note (11p) 2 - 61 IOMS records 2 – 61A Warrant of imprisonment documents (49p) 26 JUN 2019 2 – 61B Email David McLean, On Call Electronic Monitoring re request 29 OCT 2019 for arrest (20p) 2 – 61C Walker – Crystal report (5p) 2 – 61D Criminal history and PROMIS involvements (40p) 2 – 61E Custodial episode history (2p) 2 – 61F IOMS Contact summary (3p) 01 NOV 2019 2 – 61G IOMS Corrections document (142p) 2 – 61H All Youth Justice documents (3258p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F Territory Families Reports 2 - 62 Territory Families Progress Note (130p) 03 APR 2001 -
26 MAY 2018 2 - 63 FACS Intake Form (3p) – Phil Hassall 19 FEB 2002 2 - 64 Department of Children and Families Initial Referral Report – 19 FEB 2002 Child Protection Teams (4p) 2 - 65 Department of Children and Families Initial Referral Report – 21 MAY 2002 Child Protection Teams - Case ID: 70675 (3p) 2 - 66 Department of Children and Families General Case Closure 9 APR 2003 Summary, authored by Veronica LYNCH – Case ID: 70675 (4p) 2 - 67 NT Police Support Request Overview – Referrer: Anne 12 MAY 2014 JOLLEY – SLR: 264193 (2p) 2 - 68 Territory Families Child Protection Report, authored by 07 NOV 2014 Selesitine MAUGATAI (6p) 2 - 69 Department of Children and Families General Case Closure 24 MAR 2015 summary, authored by Megan HUSSEY (2p) 2 - 70 NT Police Support Request Overview – Referrer: Anne 11 SEP 2015 JOLLEY – SLR: 380542 (2p) 2 - 71 Department of Children and Families General Case Closure 15 DEC 2015 Summary, authored by Melissa MAYBERY (3p) 2 - 72 NT Police Support Request Overview – Referrer: Anne 16 APR 2016 JOLLEY – SLR: 410959 (2p) 2 - 73 Territory Families Child Protection Investigation summary 16 JUN 2016 Report, authored by Gemma GERBICZ (5p) 2 - 74 Department of Children and Families General Case Closure 13 JUN 2017 summary, authored by Liz MAPSTONE (3p) 2 - 75 Department of Children and Families Child Protection 20 SEP 2017 Investigation Summary Report, authored by Liz MAPSTONE (35p) 2 - 76 Department of Children and Families General Case Closure 03 NOV 2017 summary, authored by Kerstin WAY (3p) 2 - 77 Territory Families Bail Assessment Report, authored by 17 MAY 2018 Richard KRUGER (3p) 2 - 78 Territory Families Child Protection Report, authored by Monika 26 MAY 2018 JEDNOUS (11p) 2 - 79 Territory Families Pre Sentence Report, authored by Richard 29 JUN 2018 ‐
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F KRUGER (11p) 2 - 80 Territory Families Pre Sentence Report, authored by Petina 01 OCT 2018 RICE (7p) ‐ 2 - 81 Territory Families Confidential Bail Assessment Report, 06 DEC 2018 authored by Richard KRUGER (3p) 2 - 82 Territory Families Compliance Report, authored by Richard 12 MAR 2019 KRUGER (9p) 2 - 83 DV history between Leanne OLDFIELD and Sampson 23 SEP 2020 ANTHONY (3p) 2 - 84 DV history between Selena LANE and Ricky ROWE (2p) 23 SEP 2020 2 – 84A Office of the Children’s Commissioner letter to Territory 11 JUL 2017 Families (1p) 2 – 84B All child protection documents (722p) Relevant legislation 2 - 85 Community Welfare Act – In Force between 12/07/2000 to 9/12/2002 (49p) 2 - 86 Care and Protection of Children Act – In Force between 12/4/2017 to 14/11/2018 (27p)
PART 3 BACKGROUND MATERIAL – CONSTABLE ROLFE Recruitment and Training 3 - 1 NT Police Recruitment File reference check- Corinne Smith 3 - 2 Email Correspondence and certificates- Trojan Securities (12p) 3 - 3 Statement Sgt Kevin Agnew 23 JAN 2020 3 - 4 NT Police Application- Rolfe 3 - 5 Statement Superintendent Sharma 3 - 6 AIFP Psychiatric profiling Report 3 - 7 NT Police Interview Panel recommendations 3 - 8 NT Police Interview Notes 3 - 9 Police Recruit Training- Exam 1 3 - 10 Squad rec Timetable 3 - 11 Police Recruit Training- Exam 6 3 - 12 Scenario Skill Technique
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 13 Squad 129 Exam Results 3 - 14 Statement Snr Sgt Marshall re Police training 24.2.2020 3 - 15 Statement Snr Sgt Megan Blackwell re Police training 3.3.2020 3 - 16 Constable Bradley Lynch re training with Constable Rolfe 3 - 17 Statement Constable M Lanigan (3p)- Recruit on Squad 129 2.3.2020 3 - 18 Statement Constable Patrick Smith (4p)- Member of squad 24.2.2020 3 - 19 Statement Constable Lesley Anderson (4p) - Member of squad 24.2.2020 3 - 20 Calls for EOI for IRT training 3 - 21 IRT SOP including approval memos 3 - 22 IRT Induction Course material 3 - 23 TRG assignment
3 - 24 HR RECRUITMENT FILE 3 - 25 Career Review - Const Zachary ROLFE 3 - 26 Email correspondence CEO Ronin 3 - 27 Statement Superintendent Virginia Read 3 - 28 Police Gazette 3 - 29 Bravery article 3 - 30 AXON records 3 - 31 ANZPAA – Deploy of Police to High Risk Situations 3 - 32 Statement – Senior Sergeant James Gray-Spence, re IRT 23/10/20 3 - 33 TRIM file- IRT 3 - 34 EOI Cordon and Containment course 3 - 35 Email corro – Comd Currie – SSgt Williams 3 - 36 IRT Induction Course – Joining Instructions 3 - 37 TRG Training records 3 - 38 PROMIS Case Note Entry – 8854742 3 - 39 TRG Training Transcript 3 - 40 TRG Training Transcript 3 - 41 TRG Training Transcript
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 42 Load Bearing Vest – Business Case 3 - 43 Patrol Riffle – Business Case 3 - 44 Operation Moor Review 3 - 45 ABC News – militarisation of police 3 - 46 Ben Beede – Paramilitary and Militarized Police 3 - 47 Soldiers as Police Officers Police Officers 3 - 48 David Baker, Crime Law Society, 2009 3 - 49 Rolfe Bath Street Medical Centre records 3 - 50 Pharmaceutical Benefit Scheme records 3 – 50A NT Police recruitment file for Zachary Rolfe (88p) 3 – 50B NT Police employment person location record (1p) 27 FEB 2020 3 – 50C Rolfe training record (2p) 3 – 50D ABC News article “Alice Springs police officers swim through 28 DEC 2016 floodwaters to rescue two stranded tourists” 3 – 50E ABC News article “Police officers recognised with national 29 MAR 2018 bravery medals for dangerous Alice Springs river rescue” 3 – 50F The Canberra Times article “Zach Rolfe, son of Richard and 05 APR 2018 Debbie, receives highest bravery award” Interstate and Federal records 3 - 51 Vic Pol Recruitment Correspondence 3 - 52 Email from Inspector Caroline West, Victoria Police (4p) 20 MAY 2020 3 - 53 Statement Caroline West, Victoria Police (73p) 25 JUN 2020 3 - 54 Extract of Rolfe’s application for Victoria Police (2p) 3 - 55 Email Giannulidis Victoria Police – no criminal history (4p) 05 JUN 2020 3 - 56 Expression of Interest for Queensland Police (14p) 01 FEB 2016 3 - 57 Email Terry Poole – QLD Police – no intelligence holdings (6p) 09 JUN 2020 3 - 58 QLD Police Report – involving Rolfe – 23/12/2011 (1p) 23 DEC 2011 3 – 58A Email from Stephen Quinn QLD Police (9p) 23 JUN 2020 3 - 59 WA Police application (18p) 02 FEB 2016 3 - 60 Email Manju Subramanian, WA Police re nil criminal history 05 JUN 2020 (4p) 3 - 61 Email Marianne Walker, AFP – no outcomes (5p) 08 JUN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 62 Email Judith Crowley, SA Police – infringement only (4p) 05 JUN 2020 3 - 63 Email Brett Walsh, Tas Police – no record (4p) 05 JUN 2020 ADF Records 3 - 64 EVANS, Tracey (14p) (ADF) 12 JUN 2020 3 – 64A ADF Employment application extract (1p) 21 JAN 2010 3 – 64B ADF Service History (7p) 17 DEC 2019 3 – 64C ADF Service Certificate (1p) 03 MAY 2015 3 – 64D ADF Conduct record (98p) 3 – 64E Department of Defence Application for special Forces (4p) 28 AUG 2014 3 – 64F Special Operations Command Application Other NT Police records 3 - 65 Rolfe’s police partners in his career (1p) 3 - 66 Letter Tindall Gask Bentley Lawyers to Senior Sergeant Mark 12 NOV 2019 Grieve (3p) 3 - 67 Letter Tindall Gask Bentley Lawyers to Senior Sergeant Mark 13 NOV 2019 Grieve (2p) 3 - 68 Email of Ag Deputy Commissioner Michael White re Rolfe 13 NOV 2019 going to Canberra with his mother (1p) 3 - 69 Email of Commander Daniel Bacon attaching Rolfe notice of 14 NOV 2019 suspension (6p) 3 - 70 Email “RE: Operation Charwell – Rolfe’s application for 18 MAR 2020 employment, NTPF” Anticich, Read (3p) Prior complaints / incidents 3 - 73 Complaint Against Police 2017-272 (Castine) (8p) 29 AUG 2017 3 - 74 PSC Investigation file - CAP2017-272 - CASTINE, Richard (16p) 3 - 75 NT Police internal memorandum from Detective Senior 18 DEC 2017 Constable Paul PARKYANI (5p) 3 - 76 CAP2018-302 - GIBSON, Tony 11 AUG 2018 3 - 77 CAP2018-302 - GIBSON, Tony – BWV (27p) 3 - 78 Complaint Against Police - 2019-116 (Cleveland Walker) (8p) 02 APR 2019 3 - 79 CAP2019-116 - WALKER, Cleveland – draft (194p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 80 CAP2019-116 - WALKER, Cleveland BWV 3 - 81 CAP2019-116 - WALKER, Cleveland – EROI 3 - 82 CAP2019-116 - WALKER, Cleveland – WHS CCTV 3 – 82A PROMIS 8927087 Case Note 44079738(Cleveland WALKER) 01 APR 2019 3 - 83 NAAJA letter to Office of the Ombudsman re Antonio Woods 15 JAN 2020 3 - 84 Email from Detective Superintendent Virginia Read to the 05 JUL 2019 Ombudsman’s Office Ryder matter 3 - 85 File Index IntInv 2019-044 (4p) 3 - 86 Complaint Against Police – 2018-186 (Ryder) (30p) 3 - 87 Complaint against Police 2018-186 IAPro Summary (5p) 3 - 88 Internal Investigation 2019-044 IAPro Summary (9p) 3 - 89 Ryder statement of facts (7p) 06 JUN 2018 3 - 90 Image of Ryder raising right arm threateningly – still from BWV (1p) 3 - 91 Photo Index – Rolfe injuries (3p) 11 JAN 2018 3 - 92 000 Calls 3 - 93 Radio calls 3 - 94 BWV Geranios 11 JAN 2018 3 - 95 Timeline of Geranios BWV (2p) 3 - 96 Mobile phone footage of Rebecca Hayes – front of 3 Saltwell 11 JAN 2018 St 3 - 97 Extract from transcript of Mobile phone footage of Rebecca 11 JAN 2018 Hayes – front of 3 Saltwell St (5p) 3 - 98 Mobile phone footage of Rebecca Hayes – after Ryder injured 11 JAN 2018 3 - 99 Extract from transcript of Mobile phone footage of Rebecca 11 JAN 2018 Hayes – after Ryder injured (3p) 3 - 100 Patrol Group 3 roster (1p) 3 - 101 Floor plan for Logan Units (1p) 3 - 102 PROMIS 8391303 case summary (4p) 11 JAN 2018 3 - 103 PROMIS 8391540 case summary (3p) 11 JAN 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 104 PROMIS 8391540 UOF CNE (4p) 11 JAN 2018 3 - 105 CIIR Case note 43830769 (3p) 12 JAN 2018 3 - 106 Case Note: (43850806) UOF REVIEW - SENIOR OFFICER 14 FEB 2018 MANLEY (2p) 3 - 107 Statement – Constable Breanna Bonney (5p) 11 JAN 2017 3 - 108 Initial Email Response to Complaint – Constable Breanna 23 AUG 2018 Bonney (5p) 3 - 109 Transcript – Bonney evidence (15p) 03 SEP 2018 3 - 110 Statement – Constable Cameron Chatterton (4p) 28 MAR 2018 3 - 111 Initial Email Response to Complaint – Constable Cameron 16 AUG 2018 Chatterton (3p) 3 - 112 Transcript – Chatterton not called (3p) 02 APR 2019 3 - 113 Statement – Constable Brett Geranios (8p) 11 JAN 2018 3 - 114 Statement – Addendum – Constable Brett Geranios (4p) 04 DEC 2019 3 - 115 Initial Email Response to Complaint – Constable Brett 09 AUG 2018 Geranios (7p) 3 - 116 Transcript Geranios evidence (36p) 03 SEP 2018 3 - 117 Statement – Constable Maxwell Lehrain (4p) 07 MAR 2018 3 - 118 Initial Email Response to Complaint – Constable Maxwell 04 SEP 2018 Lehrain (3p) 3 - 119 Transcript – Lehrain evidence (22p) 02 APR 2019 3 - 120 Statement – Constable Zachary Rolfe (5p) 11 JAN 2018 3 - 121 Initial Email Response to Complaint – Constable Zachary 08 AUG 2018 Rolfe (5p) 3 - 122 Transcript – Rolfe evidence (40p) 03 SEP 2018 3 - 123 Statement – Constable Xhenita Zendeli (4p) 11 JAN 2017 3 - 124 Initial Email Response to Complaint – Constable Xhenita 05 SEP 2018 Zendeli (6p) 3 - 125 Transcript – Zendeli evidence (40p) 02 APR 2019 3 - 126 Statutory declaration – Malcom Ryder (2p) 07 AUG 2018 3 - 127 Transcript – Ryder evidence (14p) 03 APR 2019 3 - 128 ASH and St Johns Medical Reports M. Ryder (6p) 11 JAN 2018 3 - 129 Statutory declaration – Rebecca Hayes (2p) 07 FEB 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 3 - 130 Transcript – Hayes evidence (14p) 02 APR 2019 3 - 131 Statement – Transcript – Patricia Multa (11p) 30 NOV 2019 3 - 132 PSC investigation CAP2018-186 File cover and index (3p) 3 - 133 NAAJA letter of complaint (4p) 3 - 134 Email correspondence from NAAJA (6p) 05 JUN 201807 AUG 2018 3 - 135 Email Sgt Roche re NAAJA complaint(4p) 06 JUN 2018 3 - 136 Final report of Acting Senior Sergeant Dion Roche (29p) 03 OCT 2018 3 - 137 Letter Assistant Commissioner Peter Gallagher to 04 OCT 2018 Ombudsman’s Office (4p) 3 - 138 Letter Assistant Commissioner Peter Gallagher to NAAJA (5p) 04 OCT 2018 3 - 139 Notes to Prosecutor (2p) 3 - 140 Police v Malcolm Ryder (21801980) - Local Court transcript 03 SEP 2018 (102p) 3 - 141 Police v Malcolm Ryder (21801980) - Local Court transcript 02 APR 2019 (87p) 3 - 142 Police v Malcolm Ryder (21801980) - Local Court transcript 03 APR 2019 (36p) 3 - 143 Police v Malcolm Ryder (21801980) - Local Court transcript 09 MAY 2019 (8p) 3 - 144 PSC Internal Investigation 2019-044, Opinion file submitted by 17 OCT 2019 DS Kennon re perjury investigation (Ryder matter) (19p) 3 - 145 PROMIS 9021716 NT Police memorandum – DetSgt Kennon 05 DEC 2019 Opinion – perjury (18p) 3 - 146 NT Police Memorandum – Det A/Snr Sgt Jakson Evans – 12 DEC 2019 opinion file 21944804 (6p) 3 - 147 NT Police Memorandum – Superintendent Richard Bryson – 23 DEC 2019 Opinion Files Rolfe 21944804 & Zendeli 21944805 (3p) 3 - 148 Opinion file submitted by Detective Acting Senior Sergeant 21 FEB 2020 Jakson Evans re allegation of perjury (Ryder matter) (65p) 3 - 149 Daniel Bacon Emails re The Gumment posts (5p) 26 NOV 2019 3 - 150 Emails in relation to Ryder investigation (15p) 3 - 151 Statement of Andrew BARRAM (22p) 26 MAR 2020 3 - 152 Transcript - Statement of Claudia CAMPAGNARO Transcript 19 AUG 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F (92p) 3 - 153 162(7) Extension Internal Memo (4p) OCT 2019 3 - 154 IntInv2019-044 - Zachary Rolfe - Judge Extension (2p) 08 APR 2020 Non-disclosure matter – Internal Investigation 2020-007 3 - 155 File Index IntInv 2020-007 (2p) 3 - 156 IAPro Summary IntInv2020-007 (3p) 3 - 157 Email from Officer to Leafe – declining EROI (2p) 10 JUL 2020 3 - 158 Email Read to DPP – confirming nil prosecution (2p) 06 JUL 2020 3 - 159 PAYNE, STEPHEN–statement (40p) 29 APR 2022 3 - 160 PHAM, William (AFP)–statement (3p) 18 MAR 2021 3 - 161 Apple iPhone Xs (A1920) extraction report –redacted (8047p) 01 OCT 2020 Images and videos Other 3 - 162 PROMIS 9005467 22 June 2019 – BWV of Officers Cramp- 22 JUN 2019 Harding, Hansen, Heffernan, Rolfe, Sykes, Westerhuis - + video of BWV & Case Note 44123339 (Christopher WALKER) 3 - 163 NT Police Professional Standards Command file for CAP2019342 - MADRILL, Luke, including BWV Rolfe, Kirstenfeldt, Nwakor-Osaji, watch house footage 3 - 164 NT Police Professional Standards Command file for CAP2020027 - WOODS, Antonio, including BWV Kirstenfeldt, Hansen and Heffernan; directed interviews of Hansen and Kirstenfeldt 3 - 165 NT Police Internal Investigation Intinv2020-001 - 12 October 2019 3 - 166 NT Police Internal Investigation IntInv2020-033 - 18 February 2019 3 - 167 NT Police Internal Investigation Intinv2021-006 - BWV dissemination Ombudsman investigations still in progress – TBA Police investigation still in progress - TBA
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F
PART 4 SHOOTING ON 9 NOVEMBER 2019 Body Worn video and transcripts of 9 November 2019 4 - 1 USB containing body worn video of 9 November in Yuendumu 4 - 2 Body worn video transcripts- Con Adam Donaldson (36p) 09 NOV 2019 4 - 3 Body worn video transcripts- Constable First Class Adam Eberl 09 NOV 2019 4 - 4 Body worn video transcripts- Constable First Class Hawkins 09 NOV 2019 4 - 5 Body worn video transcripts- Constable James Kirstenfeldt 09 NOV 2019 4 - 6 Body worn video transcripts- Constable Zachary Rolfe 09 NOV 2019 4 - 7 Yuendumu Police Station CCTV (video files) JESCC Records 4 - 8 JESCC Calls – timeline (1p) 4 - 9 JESCC P19277490 Event Chronology (8p) 09 NOV 2019 4 - 10 JESCC P19277512 Event Chronology (1p) 09 NOV 2019 4 - 11 JESCC P19277521 Event Chronology (1p) 09 NOV 2019 4 - 12 JESCC P19277522 Event Chronology - St John Call (2p) 09 NOV 2019 4 - 13 JESCC P19277619 Event Chronology (1p) 09 NOV 2019 4 - 14 JESCC P19277621 Event Chronology (1p) 09 NOV 2019 4 - 15 JESCC P19277667 Event Chronology (1p) 09 NOV 2019 4 - 16 JESCC Audio of calls (15) 09 NOV 2019 4 - 17 Phone records between Nobbs and Wurst on 09 November 09 NOV 2019 2019 (2p) 4 - 18 Phone records – Nobbs – 05-09 November 2019 (83p) Facebook Live videos by Samara Fernandez-Brown 4 – 18A 1A. Video by Samara Fernandez-Brown taken 9 November 2019 at 8:04pm 4 – 19 1. my cousin just got shot- dont know how he is 4 – 20 2. Still waiting for news 4 – 21 3. Still no info- plane is coming in 40 minutes. ambulance is there 4 – 22 4. 4 hours later. Still no news
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 4 – 23 5. Sitting on the ground waiting 4 – 24 6. Sitting waiting still - cant use Mr Nelson in video 4 – 25 7. Police going to airstrip 4 – 26 8. Last update of the night. He_s gone in the plane 4 – 27 9. Sorry business 4 – 28 10. Sorry business
PART 5 INVESTIGATION OF SHOOTING ON 9 NOVEMBER 2019 5 - 1 Opinion file submitted to DPP 5 - 2 Rolfe Initial arrest file Incident Management Team Minutes 5 - 3 Scribe notes for Supt Nobbs 2020hrs 09/11/2019 – 0110hrs 09 NOV 2019 10/11/2019 5 – 3A Minutes of the Yuendumu Agency Response (9p) 10 NOV 2019 5 - 4 IMT Minutes – 1 – 10/11/2019 10 NOV 2019 5 - 5 IMT Minutes – 2 – 10/11/2019 10 NOV 2019 5 - 6 IMT Minutes – 3 – 11/11/2019 11 NOV 2019 5 - 7 IMT Minutes – 4 – 12/11/2019 12 NOV 2019 5 - 8 IMT Minutes – 5 – 12/11/2019 12 NOV 2019 5 - 9 IMT Minutes – 6 – 13/11/2019 13 NOV 2019 5 - 10 IMT Minutes – 7 – 14/11/2019 14 NOV 2019 5 - 11 IMT Minutes – 8 – 14/11/2019 14 NOV 2019 5 - 12 IMT Minutes – 9 – 15/11/2019 15 NOV 2019 Joint Management Committee Minutes 5 - 13 JMC Minutes – JMC # 1 – 1430hrs – 22/11/19 22 NOV 2019 5 - 14 JMC Minutes – JMC # 2 – 1130hrs – 29/11/2019 29 NOV 2019 5 - 15 JMC Minutes – JMC # 3 – 0930hrs – 13/12/2019 13 DEC 2019 5 - 16 JMC Minutes – JMC # 4 – 1000hrs – unknown date (likely mid DEC 2019 to late December) 5 - 17 JMC Minutes – JMC # 5 – 0955hrs – 03/01/2020 03 JAN 2020 5 - 18 JMC Minutes – JMC # 6 – 0830hrs – 17/01/2020 17 JAN 2020 5 - 19 JMC Minutes – JMC # 7 – 1330hrs – 06/02/2020 06 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 5 - 20 JMC Minutes – JMC # 8 – 1000hrs – 14/02/2020 14 FEB 2020 5 - 21 JMC Minutes – JMC # 9 – 1130hrs – 03/04/2020 03 APR 2020 5 - 22 JMC Minutes – JMC # 10 – 0930hrs – 08/05/2020 08 MAY 2020 5 - 23 JMC Minutes – JMC # 11 – 1130hrs – 27/08/2020 27 AUG 2020 Briefing notes 5 - 24 Briefing Note 1 – issued at 1600hrs 10/11/2019 10 NOV 2019 5 - 25 Briefing Note 2 – issued at 1600hrs 11/11/2019 11 NOV 2019 5 - 26 Briefing Note 3 – issued at 1745hrs 12/11/2019 12 NOV 2019 5 - 27 Briefing Note 4 – issued at 1245hrs 22/11/2019 22 NOV 2019 5 - 28 Briefing Note 5 – issued at 1740hrs 28/11/2019 28 NOV 2019 5 - 29 Briefing Note 6 – issued at 1500hrs 12/12/2019 12 DEC 2019 5 - 30 Briefing Note 7 – issued at 1600hrs 18/12/2019 18 DEC 2019 5 - 31 Briefing Note 8 – issued at 1200hrs 02/01/2020 02 JAN 2020 5 - 32 Briefing Note 9 – issued at 1620hrs 16/01/2020 16 JAN 2020 5 - 33 Briefing Note 10 – issued at 1000hrs 06/02/2020 06 FEB 2020 5 - 34 Briefing Note 11 – issued at 0900hrs 13/02/2020 13 FEB 2020 5 - 35 Briefing Note 12 – issued at 1500hrs 02/04/2020 02 APR 2020 5 - 36 Briefing Note 13 – issued at 0900hrs 07/05/2020 07 MAY 2020 5 - 37 Briefing Note 14 – issued at 1600hrs 26/08/2020 26 AUG 2020 5 - 38 Briefing Note 15 – issued at 1400hrs 10/11/2020 10 NOV 2020 Case Management Meeting Notes 5 - 39 Email from Pennuto providing update of investigation 14 NOV 2019 5 - 40 Case Management Meeting - 19/11/2019 19 NOV 2019 5 - 41 Case Management Meeting - 20/11/2019 20 NOV 2019 5 - 42 Case Management Meeting - 26/11/2019 26 NOV 2019 5 - 43 Case Management Meeting - 02/12/2019 02 DEC 2019 5 - 44 Case Management Meeting - 16/12/2019 16 DEC 2019 5 - 45 Email from Pennuto providing update of investigation – 18 DEC 2019 18/12/2019 5 - 46 Case Management Meeting - 13/01/2020 13 JAN 2020 5 - 47 Case Management Meeting - 02/02/2020 02 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 5 - 48 Emails Beer/ Wurst about community concerns (2p) 11 NOV 2019 5 - 49 Email Bacon - referral to ICAC and related emails (6p) 18 NOV 2019 5 - 50 Email from ICAC to Police (2p) 20 NOV 2019 5 - 51 Email correspondence between Pennuto / Dole / Bacon / 20 NOV 2019 Porter re engagement of S/Sgt Barram as a subject matter expert (15p) 5 - 52 Letter Hearn Legal to Superintendent Pennuto (3p) 22 NOV 2019 5 - 53 NT Police Internal Memorandum – A/Cmd Dole – Operation 25 NOV 2019 Charwell – Structure and Resourcing (12p) 5 - 54 Risk assessment for Walker (1p) 02 DEC 2019 5 - 55 NT Police memo “Coronial Investigation – Matters of interest to 24 MAR 2020 the Coroner” by Superintendent Pollock (2p) 5 - 56 Email correspondence “PSC Response to Operation Charwell” 12 JUN 2020 Pollock (6p) 5 - 57 Email correspondence “RE: PSC Response to Operation 12 JUN 2020Charwell” Anticich, Pollock (2p)
15 JUN 2020 5 - 58 Email correspondence “Yuendumu Visit” Griffiths (1p) 19 JUN 2020 5 - 59 Email correspondence “Charwell Response” Anticich (6p) 24 JUN 2020 5 - 60 NT Police Internal Memorandum – Supt Pollock to AC Anticich 20 OCT 2020 re evidence provided by Detective Senior Sergeant Andrew Barram (4p) 5 – 60A Emails between AC Anticich and Cmr O'Brien 20.11.19- 20 NOV 2019 22.06.20 –
22 JUN 2020 5 – 60B Supt Pollock - Interim Report 1 03 DEC 2019 5 – 60C Supt Morgan - Interim Report 2 25 FEB 2020 5 – 60D Memo 02.06.20 TRM04.D20.36329 Re Outstanding Police 02 JUN 2020 Statements 5 – 60E Memo 23.07.20 TRM 04.D20.30820 Charwell Coronial - 23 JUL 2020 Request for Extension Beyond 6 Months 5 – 60F Memo 27.07.20 TRM04.D20.46698 Confirmation of role and 27 JUL 2020 responsibility of Commander Coronial position 5 – 60G Memo 19.08.20 Charwell Coronial Investigation JMC No 2 19 AUG 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 5 - 60H Operation Charwell Coronial - JMC Meeting 2 Minutes - 21 AUG 2020
21.08.20 ENDORSED 5 – 60I Operation Charwell Coronial - JMC Meeting No. 3 - Minutes 21 OCT 2020 21.10.20 5 – 60J Operation Charwell Coronial - JMC Meeting No. 3 - Status 21 OCT 2020 Report 21.10.20 5 – 60K Operation Charwell Coronial - JMC Meeting No. 4 Minutes - 27 NOV 2020 27.11.20 5 – 60L Memo 01.12.20 - Operation Charwell Status - JMC 5 01 DEC 2020 PSC Investigation CUST2019-027 5 - 61 File index (3p) 5 - 62 IAPro Summary for Cust2019-027 (9p) 5 - 63 Affidavit of Cdr Bacon - CHARWELL Judge extension (11p) 06 APR 2020 5 - 64 Section 76A & 84G Notice - Zachary Rolfe and POS (4p) 13 NOV 2019 5 - 65 162(7) Extension Nobbs Vicary Furniss Dash Bauwens 24 APR 2020 Simpson McCormack Cust2019-027 (5p) 5 - 66 S162(9) Extension - Cust2019-027 - Adam Donaldson - Judge 04 APR 2020 Extension (2p) 5 - 67 S162(9) Extension - Cust2019-027 - Adam Eberl - Judge 04 APR 2020 Extension (2p) 5 - 68 S162(9) Extension - Cust2019-027 - Anthony Hawkings - 04 APR 2020 Judge Extension (2p) 5 - 69 S162(9) Extension - Cust2019-027 - Chris Hand - Threaten 04 APR 2020 Police matter - Judge Extension (2p) 5 - 70 S162(9) Extension - Cust2019-027 - Felix Alefiaio - Judge 04 APR 2020 Extension (2p) 5 - 71 S162(9) Extension - Cust2019-027 - James Kirstenfeldt - 04 APR 2020 Judge Extension (2p) 5 - 72 S162(9) Extension - Cust2019-027 - Julie Frost - Judge 04 APR 2020 Extension (2p) 5 - 73 S162(9) Extension - Cust2019-027 - Lanyon Smith - Judge 04 APR 2020 Extension (2p) 5 - 74 S162(9) Extension - Cust2019-027 - Zachary Rolfe (IRT etc)- 04 APR 2020 Judge Extension (2p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 5 - 75 S162(9) Extension - Cust2019-027 - Zachary Rolfe (Force) - 04 APR 2020 Judge Extension #2 (2p) 5 - 76 Death in Custody Notification (3p) 5 - 77 ICAC Email - Initial notification letter (1p) 11 NOV 2019 5 - 78 Letter Commissioner Chalker to ICAC Initial Letter and Briefing 11 NOV 2019 Note (4p) 5 - 79 ICAC Email - Supt II to ICAC - Further notification - BN1 & 2 12 NOV 2019 (1p) 5 - 80 ICAC Email - Supt II to ICAC - Further notification - BN#3 (2p) 13 NOV 2019 5 - 81 Crime Briefing Note #1 (4p) 10 NOV 2019 5 - 82 Crime Briefing Note #2 - Draft - Mark Grieve (3p) 11 NOV 2019 5 - 83 Crime Briefing Note #2 - Kirk Pennuto - Final (4p) 11 NOV 2019 5 - 84 Crime Briefing Note #3 - DIC - YUE – Final with annexure 12 NOV 2019 (13p) 5 - 85 Crime Briefing Note #5 - Operation Charwell (5p) 28 NOV 2019 5 - 86 Crime Briefing Note #6 (5p) 12 DEC 2019 5 - 87 Crime Briefing Note #11 (3p) 13 FEB 2020 5 - 88 Email Tonkin to Office of the Ombudsman @ 11:03 (2p) 10 NOV 2019 5 - 89 Email Tonkin to Office of the Ombudsman @ 15:23 (3p) 10 NOV 2019 5 - 90 Email from Office of the Ombudsman (4p) 11 NOV 2019 5 - 91 Email Tonkin to Office of the Ombudsman (4p) 11 NOV 2019 5 - 92 Email from Office of the Ombudsman (1p) 12 NOV 2019 5 - 93 Email from Office of the Ombudsman @14:28 (2p) 12 NOV 2019 5 - 94 Email Tonkin to Office of the Ombudsman @19:08 (2p) 12 NOV 2019 5 - 95 PSC Briefing note #1 (5p) 19 DEC 2019 5 - 96 PSC Briefing Note #2 – DRAFT (5p) 19 DEC 2019 5 - 97 PSC Briefing Note #3 – DRAFT (7p) 06 FEB 2020 5 - 98 PSC Briefing Note #4 – DRAFT (7p) 13 FEB 2020 5 - 99 PSC Briefing Note #4 - Op Charwell (7p) 13 FEB 2020 5 - 100 PSC Briefing Note #5 – DRAFT (7p) 02 MAR 2020 5 - 101 PSC Briefing Note #6 TO BE UPDATED – DRAFT (7p) 13 MAR 2020 5 - 102 PSC Briefing Note #7 – DRAFT (8p) 08 MAY 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 5 - 103 PSC Briefing Note #8 – CHARWELL (6p) 5 - 104 PSC Briefing Note #9 – CHARWELL (6p) 5 - 105 Letter Leafe to Officer (2p) 28 AUG 2020 5 - 106 Letter Officer to Leafe (2p) 30 AUG 2020 5 - 107 Email Officer to Leafe (1p) 30 AUG 2020 5 - 108 Letter Leafe to Officer (1p) 04 SEP 2020 5 - 109 Letter Officer to Leafe (4p) 18 SEP 2020 5 - 110 Email Leafe to Officer (1p) 11 DEC 2020 5 - 111 Letter Leafe to Officer (2p) 11 DEC 2020 5 - 112 Letter Leafe to Officer (2p) 19 FEB 2021 5 - 113 Web EOC Documents (58p)
PART 6 ARREST, CHARGE AND DETENTION OF CONSTABLE ROLFE 6 - 1 USB - Watch House CCTV footage of Rolfe in custody 6 - 2 Watch House Arrest Card/Custody Health Assessment/ Property receipt 6 - 3 USB containing audio files of - Rolfe’s arrival into ASP from Yuendumu/ Arrest of Rolfe/ Watch House Conversation/ Offer of EROI 6 - 4 Transcript - Rolfe arrived in ASP 6 - 5 Transcript - arrest of Rolfe 6 - 6 Transcript - Watch house conversation - Caution 6 - 7 Transcript - Offer on interview to Rolfe (12 November 2019) 6 - 8 Rolfe- ASP Hospital Records - Post incident
PART 7 STATEMENTS – POLICE 7 - 1 AGNEW, Kevin (A/Sgt) (220p) 23 JAN 2020 7 - 2 ALEFIAO, Felix (Const) (38p) + recording 11 NOV 2019 7 - 2A ALEFAIO, Felix – evidence from Supreme Court trial 15 FEB 2022 7 – 2B ALLEN, Sgt Matthew – affidavit 11 AUG 2022 7 - 3 ALTERMAIN, Tegan (Const) (3p) 14 NOV 2019 7 - 4 ANTICICH, Nicholas (AC) (5p) 15 JUL 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 – 4AA ANTICICH, Nick – affidavit 15.07.22 attachment clause 15 JUL 2020 7 – 4A ANTICICH, Nick – Affidavit 03 SEP 2022 7 - 5 ATKIN, John (Supt) (19p) + recording 26 JUN 2020 7 – 5A BARRETT, Supt Craig – statutory declaration 19 AUG 2022 7 - 6 BAUWENS, Lee – statement 1 (64p) + recording 21 NOV 2019 7 - 7 BAUWENS, Lee – statement 2 (104p) + recording 03 DEC 2020 7 -7A BAUWENS, Lee – evidence from Supreme Court trial 23 FEB 2022
24 FEB 2022 7 – 7B BAUWENS, Sgt Lee – statutory declaration with annexures 08 FEB 2018 7 - 8 BEAMS, Carlie (16p) 13 NOV 2019 7 - 9 BECKER, Marcus (6p) 07 FEB 2020 7 - 10 BEER, Merrilyn Narelle – recorded statement 1 (9p) 30 JAN 2020 7 - 11 BEER, Merrilyn Narelle -Statement 2 (5p) 30 JAN 2020 7 - 12 BEER, Merrilyn Narelle – recorded statement 3 (29p) + 04 JUN 2020 recording 7 - 13 BENNETT, Amy (3p) 07 FEB 2020 7 - 14 BENNETT, Tony (3p) 10 NOV 2019 7 -14A BERRY, Trent – statutory declaration 17 JUN 2022 7 - 15 BEVAN, Luke (5p) 11 FEB 2020 7 - 16 BONNEY, Breanna (11p) + recording x2 18 DEC 2019 7 - 17 BONNEY, Breanna – Statement 2 (7p) + recording 30 JAN 2020 7 -17A BONNEY, Breanna – evidence from Committal proceedings 01 SEP 2020 7 -17B BONNEY, Breanna – evidence from Supreme Court trial 14 FEB 2022 7 - 18 CAMPAGNARO, Claudia (92p) + recording 19 AUG 2020 7 - 19 CARTER, Emma (7p) 22 MAR 2020 7 - 20 CARTER, Jack (17p) 12 NOV 2019 7 - 21 CARTER, Jack Statement 2 (5p) 02 MAR 2020 7 - 22 COULSON, Rinaldo (9p) 09 MAR 2020 7 - 23 CROTTY, Luke (15p) + recording 16 JAN 2020 7 - 24 CUMMINS, Isobel (19p) 17 FEB 2020 7 - 25 CURRIE, Brad (25p) + recording 11 FEB 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 - 26 DERKSEN, Mark (5p) 09 JUL 2021 7 - 27 DOLE, Martin (8p) 27 JUL 2020 7 - 28 DOLE, Martin Statement 2 (25p) 24 JUN 2021 7 - 29 DONALDSON, Adam (29p) + recording 10 NOV 2019 7 - 30 DONALDSON, Adam Statement 2 (35p) + recording + BWV 21 NOV 2019 extract 7 -30A DONALDSON, Adam – evidence from Committal proceedings 01 SEP 2020 7 -30B DONALDSON, Adam – evidence from Supreme Court trial 15 FEB 2022 7 - 31 EBERL, Adam (14p) + recording 10 NOV 2019 7 - 32 EBERL, Adam Statement 2 (80p) + recording + BWV extract 13 NOV 2019 7 - 33 EBERL, Adam Statement 3 (25p) + recording 11 FEB 2020 7 -33A EBERL, Adam – evidence from Committal proceedings 02 SEP 2020 7 -33B EBERL, Adam – evidence from Supreme Court trial 22 FEB 2022
23 FEB 2022 7 - 34 ELWORTHY, Erin (18p) + recording 15 JAN 2020 7 – 34A EVANS, Tracey (14p) (ADF) 12 JUN 2020 7 - 35 FERNANDEZ, Paulo (412p) 02 APR 2020 (cover page has incorrect date of 02/04/2018) 7 – 35A FERNANDEZ, Paulo (170p) 18 JUN 2020 7 - 36 FROST, Julie (86p) + recording 13 NOV 2019 7 - 37 FROST, Julie Statement 2 (18p) + recording 05 DEC 2019 7 - 38 Chronology of events recorded by Sgt Julie Frost (5p) 7 - 39 Notes made by Sgt Julie Frost (2p) 7 -39A FROST, Julie – evidence from Committal proceedings 01 SEP 2020 7 -39B FROST, Julie – evidence from Supreme Court trial 10 FEB 2022
11 FEB 2022 7 - 40 FULLWOOD, Anna (5p) 13 NOV 2019 7 - 41 FURNISS, Shaun (99p) + recording 30 NOV 2019 7 - 42 GALL, Alistair (77p) + recording 30 JAN 2020 7 - 43 GAVIN, Tai 7 - 44 GILL, Shaun (203p) + recording 18 DEC 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 – 44A GILL, Shaun (110p) 26 SEP 2022 7 - 45 GILLETT, Simon (4p) 13 NOV 2019 7 - 46 GRAY-SPENCE, James (75p) 23 OCT 2020 7 - 47 GREGORY, Tracey – Statement 1 (18p) 23 JAN 2020 7 - 48 GREGORY, Tracey – Statement 2 (3p) 24 JAN 2020 7 - 49 GRIEVE, Mark (28p) 28 FEB 2020 7 - 50 HAIG, Steven (13p) + recording 18 DEC 2019 7 - 51 HALL, Matthew (5p) 25 NOV 2019 7 - 52 HAND, Christopher – Statement 1 (43p) + recording 14 NOV 2019 7 - 53 HAND, Christopher – Statement 2 (11p) + recording 17 DEC 2019 7 -53A HAND, Chris – evidence from Supreme Court trial 09 FEB 2020 7 – 53AA HAND, Christopher – statutory declaration 01 SEP 2022 7 - 54 HANSEN, Mitchell – Statement 1 (28p) + recording 17 JAN 2020 7 - 55 HANSEN, Mitchell – Statement 2 (12p) + recording 17 JAN 2020 7 -55A HANSEN, Mitchell – evidence from Supreme Court trial 14 FEB 2022 7 - 56 HARRISON, James (6p) 02 AUG 2020 7 - 57 HAWKINGS, Anthony – Statement 1 (11p) + recording 10 NOV 2019 7 - 58 HAWKINGS, Anthony – Statement 2 (70p) + recording + BWV 13 NOV 2019 extract 7 - 59 HAWKINGS, Anthony – Statement 3 (36p) + recording 11 FEB 2020 7 -59A HAWKINGS, Anthony – evidence from Committal proceedings 02 SEP 2020 7 -59B HAWKINGS, Anthony – evidence from Supreme Court trial 17 FEB 2022
18 FEB 2022 7 – 59C HAWKINGS, Anthony – emails in relation to lost notebook 13 JAN 2020
24 FEB 2022 7 - 60 HEFFERNAN, Vanessa (3p) 01 JUL 2020 7 - 61 HEN, Caragh (26p) 20 FEB 2020 7 - 62 HENDERSON, Paul (5p) 10 FEB 2020 7 - 63 HICKEY, Michael (3p) 11 NOV 2019 7 -63A HIGGINS, Benjamin – statutory declaration 01 MAY 2022 7 - 64 HOLLIDAY, Tanya (9p) 06 MAR 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 - 65 HUDSON, Anneliese (14p) + recording 17 JAN 2020 7 - 66 HUGHES, Zachary (3p) 28 NOV 2019 7 - 67 HUGHES, Zachary (40p) + recording 15 JAN 2020 7 - 68 JOACHIM, Charneca (12p) + recording 15 JAN 2020 7 - 69 JOLLEY, Anne (9p) 14 APR 2020 7 -69A JOLLEY, Anne – statutory declaration 22 JUN 2022 7 - 70 JONES, Philip (14p) + recording 16 JAN 2020 7 -70A JOY, Carey – statutory declaration 04 AUG 2022 7 - 71 KEAN, Gregory (15p) 13 NOV 2019 7 - 72 KELLY, Evan – Statement 1 (12p) + recording 18 DEC 2019 7 - 73 KELLY, Evan – Statement 2 (12p) + recording 29 JAN 2020 7 -73A KELLY, Evan – evidence from Supreme Court trial 09 FEB 2022
10 FEB 2022 7 -73B KENT, Michael – statutory declaration 06 JUN 2022 7 - 74 KENT, Robert (4p) 27 NOV 2019 7 -74A KENT, Robert – evidence from Supreme Court trial 08 FEB 2022 7 - 75 KHAN, Abdul (3p) 13 JUL 2020 7 -75A KHAN, Abdul – evidence from Supreme Court voir dire 21 DEC 2021 7 - 76 KING, Meacham – Statement 1 (2p) 17 NOV 2019 7 - 77 KING, Meacham – Statement 2 (36p) 25 NOV 2019 7 – 77B KING, Meacham – BWV & transcript 10 NOV 2019 7 - 78 KING, Shane (23p) + recording 15 JAN 2020 7-78A KIRKBY, Paul – statutory declaration 19 AUG 2022 7 - 79 KIRSTENFELDT, James – Statement 1 (43p) + recording 10 NOV 2019 7 - 80 KIRSTENFELDT, James – Statement 2 (52p) + recording 21 NOV 2019 7 -80A KRISTENFELDT, James – evidence from Committal 02 SEP 2020 proceedings 7 -80B KRISTENFELDT, James – evidence from Supreme Court trial 15 FEB 2022
16 FEB 2022 7 - 81 KOLODIEJ, Joanna (7p) 18 NOV 2019 7 - 82 KREN, Andrew (39p) 25 MAR 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 -82A KREN, Andrew – evidence from Supreme Court voir dire 20 DEC 2021
21 DEC 2021 7 - 83 KUMAR, Benjamin – statement 1 (3p) 15 DEC 2019 (cover sheet incorrectly notes date as 14/12/2019) 7 - 84 KUMAR, Benjamin (17p) + recording 18 DEC 2019 7 - 85 KUMAR, Benjamin (4p) 13 FEB 2020 7 - 86 LANIGAN, Madeline (4p) 02 MAR 2020 7 - 87 LUCHT, Sarah (15p) + recording 17 DEC 2019 7 - 88 LYNCH, Bradley – Statement 1 (3p) 01 JAN 2020 7 - 89 LYNCH, Bradley – Statement 2 (46p) + recording 15 JAN 2020 7 - 90 LYNCH, Bradley – Statement 3 (4p) 13 FEB 2020 7 - 91 LYND, Shannon (12p) 09 DEC 2019 7 - 92 MALOGORSKI, Mark (56p) 17 MAR 2020 7 - 93 MARSHALL, Matthew (10p) 21 FEB 2020 7 - 94 MCCLURE, Tegan (3p) 08 JUL 2020 7 - 95 MCCORMACK, Shane – Statement 1 (116p) 21 NOV 2019 7 - 96 MCCORMACK, Shane – Statement 2 (73p) 29 JAN 2020 7 -96A McCORMACK, Shane – evidence from Supreme Court trial 14 FEB 2022 7 - 97 MAGRATH, Nathan (3p) 16 MAR 2020 7 - 97A MITCHELL, Sarah – statutory declaration 27 DEC 2018 7 – 97B MORGAN, Lee 20 NOV 2022 7 - 98 MORRISSEY, Paul – Statement 1 (17p) 04 MAR 2020 7 - 99 MORRISSEY, Paul – Statement 2 (3p) 08 JUL 2020 7 - 100 MURPHY, Michael (22p) 21 JUL 2020 7 – 100A NANKIVELL, Ian 14 NOV 2022 7 - 101 NOBBS, Jody (184p) + recording + USB att G 29 NOV 2019 7 -101A NOBBS, Jody – evidence from Supreme Court trial 11 FEB 2022
14 FEB 2022 7 - 102 NOLAN, James (54p) + recording 19 DEC 2019 7 - 103 NOLAN, James Statement 2 (8p) 17 JUL 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 - 104 NWAKOR-OSAJI, Afamefuna (17p) + recording 18 DEC 2019 7 - 105 OBIETA, Terence (19p) 22 JAN 2020 7 - 106 PAKTSUN, Cedric (15p) 15 JUL 2020 7 - 107 PALMER, Gary (3p) 20 NOV 2019 7 - 108 PARBS, Mark (25p) + recording 15 JAN 2020 7 – 108AA PASCOE, Baru – affidavit 09 SEP 2022 7 -108A PHAM, William - AFP - mobile phone 18 MAR 2021 7 -108B PAYNE, Stephen – statement 29 APR 2022 7 - 109 PENNUTO, Kirk (79p) 19 MAR 2020 7 – 109A Diary Notes - A/Supt Kirk Pennuto 17 DEC 2019 -
10 JAN 2020 7 -109B PENNUTO – evidence from Supreme Court voir dire 21 DEC 2021 7 -109C PENNUTO – evidence from Supreme Court trial 02 MAR 2022 7 - 110 PHILLIPS, Leith (33pp) 20 APR 2020 7 - 111 PHILLIPS, Leith Statement 2 (6p) 01 OCT 2020 7 -111A POLLOCK, Scott – statutory declaration 20 JUL 2022 7 -111B PORTER, Assistant Commissioner Bruce – affidavit 13 JUL 2022 7 – 111C PORTER, Assistant Commissioner Bruce – addendum affidavit 02 SEP 2022 7 - 112 POTTS, Michael (46p) + recording 01 DEC 2019 7 - 113 POWELL, Benjamin (12p) 13 NOV 2019 7 – 113B PROWSE, Supt Brett – statutory declaration 08 AUG 2022 7 - 114 RAITT, Jack (5p) 15 NOV 2019 7 – 114A RAITT, Jack – photographs x 16 10 NOV 2019 7 - 115 READ, Virginia (5p) 11 MAR 2020 7-115AA READ, Supt Virginia – statutory declaration 09 AUG 2022 7 -115A ROLFE, ZACHARY – evidence from Supreme Court trial 02 MAR 2022
03 MAR 2022 04 MAR 2022 7-115B RONNING-BURNS, Cmr Hege – statutory declaration 08 AUG 2022 7 – 115C ROLFE, Zachary – official police notebook 47301 pp1-9 10 NOV 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 - 115D ROLFE, Zachary – official police notebook 47301 pp1-9 – 10 NOV 2019 transcript 7 - 115E SANDERSON, Melissa – statutory declaration 28 DEC 2018 7 - 116 SCHMIDT, Robyn (7p) 01 APR 2020 7 – 116A SCHUMACHER, Michael 25 OCT 2022 7 - 117 SHARMA, Sachin (32p) 22 JAN 2020 7 - 118 SHARMA, Sachin Statement 2 (10p) 18 FEB 2020 7 - 119 SHARP, Jonathon (4p) 14 NOV 2019 7-119A SHEAN, Supt Daniel – statutory declaration 10 AUG 2022 7 - 120 SIMONATO, Erin (20p) 27 APR 2021 7 -120A SMALLPAGE, DC Murray – Affidavit 12 JUL 2022 7 – 120B SMALLPAGE, DC Murray – Addendum Affidavit 02 SEP 2022 7 - 121 SMITH, Lanyon (14p) + recording 11 NOV 2019 7 - 122 SMITH, Lanyon Statement 2 (12p) 14 JAN 2020 7 -122A SMITH, Lanyon – evidence from Supreme Court trial 09 FEB 2020 7 - 123 SYKES, Mark (30p) 18 DEC 2019 7 - 124 SYKES, Mark Statement 2 (13p) 30 JAN 2020 7 - 125 TAIT, Samuel – 1st (17p) + recording 15 JAN 2020 7 - 126 TAIT, Samuel (4p) 10 FEB 2020 7 - 127 THOMAS, Joshua (28p) 05 DEC 2019 7 - 128 THOMPSON, Jared (4p) 12 NOV 2019 7 - 129 THOMPSON, Jared Statement 2 (4p) 04 DEC 2019 7 - 130 THOMSON, Wesley (15p) 17 DEC 2019 7 - 131 TOCKNELL, Ethan (12p) 15 JAN 2020 7 - 132 VICARY, Pauline Statement 1 (111p) 30 NOV 2019 7 - 133 VICARY, Pauline Statement 2 (26p) 11 FEB 2020 7 -133A WALLACE, Bradley – statutory declaration 26 JUL 2022 7 -133B WALLACE, Bradley – statutory declaration (supplementary) 26 JUL 2022 7 - 134 WARD, Deanne (6p) 17 NOV 2019 7 – 134A WATSON, Marc 19 NOV 2022 7 - 135 WEATHERS, Leilani (41p) 27 JUN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 7 - 136 WELLS, Kieran (15p) 12 FEB 2020 7 – 136A Statement Caroline WEST, Victoria Police (73p) 25 JUN 2020 7 - 137 WETHERALL, Lauren (24p) 18 JUN 2020 7 - 138 WHITE, Michael (7p) 28 JUL 2020 7 - 139 WILLIAMS, Derek (31p) + recording 20 NOV 2019 7 - 140 WILLIAMS, Derek Statement 2 (13p) 20 JUN 2020 7 -140A WILLIAMS, Derek – evidence from Supreme Court trial 15 FEB 2022 7-140AA WILLIAMS, Derek – statutory declaration 09 AUG 2022 7 -140B WILLIAMS, Michael – statutory declaration 28 JUN 2022 7 - 141 WILSON, Brett – 1 (9p) 06 MAR 2020 7 - 142 WILSON, Brett – 2 (39p) 23 MAR 2021 7 - 143 WOOD, Natashia (9p) 05 FEB 2020 7 - 144 WURST, Travis (71p) + recording 05 DEC 2019 7 - 145 WURST, Travis Statement 2 (120p) 20 AUG 2020 7 -145A WURST, Travis – evidence from Supreme Court trial 17 FEB 2022 7 -145B WYATT, Michael – statutory declaration 12 MAY 2022 7 - 146 ZENDELI, Xhenita (19p) 16 JAN 2020 7 - 147 ZHANG, Terry (31p) 05 DEC 2019 Forensics 7 - 148 BEST, Natalie (17p) 11 JUL 2020 7 - 149 CHEONG-WING, Kate (9p) 02 APR 2020 7 - 150 CHEONG-WING, Kate Statement 2 (61p) 11 JUN 2020 7 - 151 CHEONG-WING, Kate Statement 3 (1p) 23 JUN 2020 7 -151A CHEONG-WING, Kate – evidence from Supreme Court trial 21 FEB 2022 7 - 152 JOHNSON, Fiona (7p) 05 MAR 2020 7 - 153 ROBB, Gino – notes & working papers (47p) 7 - 154 SECRETT, Jeannie (5p) 29 MAY 2020 7 - 155 SETTER, Pauline (1p) 10 NOV 2019 7 - 156 SPILSBURY, Ian (121p) (sensitive images redacted) 02 MAR 2020 7 -156A SPILSBURY, Ian – evidence from Supreme Court trial 18 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F
21 FEB 2022 7 - 157 SIMPSON, Timothy (AFP) (10p) 11 JUN 2020 7 - 158 SIMPSON, Timothy (AFP) Supplementary Report (29p) 30 JUN 2020 7 -158A SIMPSON, Timothy – evidence from Supreme Court trial 24 FEB 2022
PART 8 STATEMENTS – CIVILIANS 8 – 0A ATKINSON, Adrian – statutory declaration 20 SEP 2022 8 – 0 BISHOP, Helen – affidavit 11 AUG 2022 8 - 1 BONANNI, Gemma (176p) 18 FEB 2020 8 - 2 BROWN, Leroy (35p) + recording 12 FEB 2020 8 -2A BROWN, Leroy – evidence from Supreme Court trial 17 FEB 2022 8 - 3 BROWN, Margaret (43p) + recording 26 NOV 2019 8 -3A BROWN, Margaret – evidence from Supreme Court trial 16 FEB 2022 8 - 4 BROWN, Myron (56p) + recording 26 NOV 2019 8 - 5 BROWN, Sheldon (46p) + recording 09 DEC 2019 8 - 6 BURNS, Janice (12p) + 2x recordings 12 FEB 2020 8 - 7 CAMPAGNARO, Claudia (116p) 19 AUG 2020 8 - 8 CAMPAGNARO, Claudia Statement 2 (43p) 14 OCT 2020 8 – 8A CAMPAGNARO, Claudia – statutory declaration 10 SEP 2021 8 – 8B CHAPMAN, Rob – affidavit 04 SEP 2022 8 - 9 CHILES, Bryan (7p) 12 FEB 2020 8 - 10 CHILVERS, Kerri-Anne (12p) 17 JUN 2020 8 - 11 CHILVERS, Kerri-Anne (48p) 30 JUN 2020 8 - 12 CHISHOLM, Andrea (5p) 22 JAN 2020 8 - 13 COLLINS, Aaron (128p) 13 JAN 2020 8 - 14 COLLINS, Gregson (44p) + recording 13 DEC 2019 8 - 15 COOK, Adrian (28p) + recording 04 FEB 2020 8 - 16 COOKE, Graham (44p) + recording 16 JAN 2020 8 - 17 COULTHARD, Nathan (9p) + recording 10 NOV 2019 8 -17A COULTHARD, Nathan – evidence from Supreme Court trial 16 FEB 2022 8 - 18 DICKSON, Alan Junior (16p) + recording 10 DEC 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 8 -18A DICKSON, Alan – statement 20 JUL 2022 8 - 19 DICKSON, Ayeetta (28p) + recording 10 NOV 2019 8 - 20 DICKSON, Ayeetta Statement 2 (75p) + recording 28 NOV 2019 8 - 21 DICKSON, Julie-Anne (49p) + recording 10 DEC 2019 8 - 22 DICKSON, Raymond (39p) + recording 27 NOV 2019 8 - 23 EGAN, Cedric (22p) + recording 11 DEC 2019 8 - 24 EGAN, Lekira (35p) + recording 09 JAN 2020 8 - 25 EVANS, Tracey (30p) 17 JAN 2020 8 -25A FERNANDEZ-BROWN, Samara – Affidavit 22 JUL 2022 8 - 26 FISHER, Isiah (18p) + recording 12 DEC 2019 8 - 27 FITZPATRICK, Jackson (59p) 15 JAN 2020 8 - 28 FRANCIS, William (4p) 05 MAR 2020 8 - 29 GOULD, Karen (4p) 07 JAN 2020 8 – 29A GRANITES, Cherylyn – statement 8 - 30 GRANITES, Senita (39p) + recording 28 NOV 2019 8 – 30A GREATOREX, Lindsay – affidavit 26 AUG 2022 8 - 31 GREEN, Janet (4p) 07 JAN 2020 8 - 32 HARVEY, Julie (21p) + recording 22 JUN 2020 8 - 33 HAVARD, Laura (5p) 13 NOV 2019 8 - 34 HAYES-JONKERS, Charmaine (27p) + recording 28 NOV 2019 8 - 35 HEALY, Taylee (9p) 18 DEC 2019 8 - 36 HOCKING, Adam (6p) 23 JAN 2020 8 – 36A HOPKINS, Sarah – affidavit 04 SEP 2022 8 – 36B JANGALA, Jerry Patrick and JAMPIJINPA, Steven Wanta 04 SEP 2022 Patrick – affidavit 8 36C JONES, Alexandria – affidavit 26 AUG 2022 8 - 37 JURRAH, Basil (36p) + recording 09 JAN 2020 8 - 38 JURRAH, Jerome (14p) + recording 10 NOV 2019 8 – 38AA KATAKARINGA, Elizabeth – statement 8 -38A KELLY, Francis – statement 27 MAY 2022 8 - 39 KENNEDY, Max (33p) + 2x recordings 11 DEC 2019
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 8 - 40 KRUGER, Richard (107p) 20 APR 2020 8 - 41 LANDAYTO, Joeanne (8p) 03 FEB 2020 8 – 41A LANE, Joseph – statutory declaration 07 AUG 2022 8 – 41B LANE, Serita – statutory declaration 08 AUG 2022 8 - 42 LEWIS, Rachel (63p) + 2x recordings 11 DEC 2019 8 -42A MARSHALL, Steven – statement 27 MAY 2022 8 - 43 MARTIN, Danielle (32p) + recording 12 FEB 2020 8 -43A MARTIN, Danielle – evidence from Supreme Court trial 17 FEB 2022 8 - 44 MCCARTHY, Scott (3p) 14 JAN 2020 8 - 45 MCLEAN, David (33p) 03 DEC 2019 8 - 46 MOSSOP, Dylan (15p) + recording 17 JAN 2020 8 - 47 MURPHY, Tania (73p) 05 FEB 2020 8 - 48 OLDFIELD, Leanne (25p) + recording 10 NOV 2019 8 -48A OLDFIELD, Leanne – evidence from Supreme Court trial 17 FEB 2022 8 -48B OLDFIELD, Leanne – statement 18 JUL 2022 8 - 49 PRESLEY, Liam (4p) 03 DEC 2019 8 - 50 PRESLEY, Liam Statement 2 (9p) 19 JUN 2020 8 - 51 ROBERTSON, Eddie (58p) + recording 27 NOV 2019 8 -51A ROBERTSON, Eddie – evidence from Supreme Court trial 16 FEB 2022 8 - 52 ROBERTSON, Ethan (35p) + recording 10 DEC 2019 8 - 53 ROBERTSON, Ethan Statement 2 (39p) + recording 11 DEC 2019 8 -53A ROBERTSON, Ethan – evidence from Supreme Court trial 16 FEB 2022 8 - 54 ROBERTSON, Lottie (38p) + recording 30 NOV 2019 8 -54A ROBERTSON, Lottie – evidence from Supreme Court trial 10 FEB 2022 8 – 54B ROBERTSON, Lottie – statutory declaration 09 AUG 2022 8 - 55 ROBERTSON, Rekeisha (42p) + recording 27 NOV 2019 8 - 56 ROSS, Paul (4p) 17 FEB 2020 8 - 57 SARGENT, Natalie (39p) 18 DEC 2019 8 - 58 SEXTON, Kate (11p) 13 NOV 2019 8 -58A SHANKS, Brooke – Affidavit 25 JUL 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 8 – 58B SHANKS, Brooke – letter 09 SEP 2022 8 - 59 SINGLETON, Courtney (18p) 20 NOV 2019 8 - 60 SNAPE, Elizabeth (44p) + recording 10 NOV 2019 8 -60A SNAPE, Elizabeth – evidence from Supreme Court trial 24 FEB 2022 8 - 61 SPIRE, Suzanne (26p) 02 JUN 2020 8 - 62 SUDHOLZ, Lincoln (4p) 28 FEB 2020 8 - 63 VUSONICEVA, Malodali (9p) 22 NOV 2019 8 - 64 VUSONICEVA, Marianette (4p) 19 NOV 2019 8 – 64A WALKER, Alice – statutory declaration 09 AUG 2022 8 - 65 WATSON, Louise (25p) + recording 06 JAN 2020 8 - 66 WAYNE, Sarah (30p) + recording 27 NOV 2019 8 - 67 WAYNE, Sheree (30p) + recording 10 DEC 2019 8 - 68 WEILY, Scott (42p) 23 JUN 2020 8 - 69 WHEELER, Lorraine (27p) + recording 28 NOV 2019 8 – 69A WILLIAMS, Freddie – affidavit 01 SEP 2022 8 - 70 WILLIAMS, Jayveth @ Ziggy (16p) 27 NOV 2019 8 - 71 WILLIAMS, Louanna (5p) 06 AUG 2021 8 -71A WILLIAMS, Louanna – evidence from Supreme Court trial 17 FEB 2022 8 - 72 WILLIAMS, Warren (23p) + recording 08 JAN 2020 8 – 72A WILLIAMS, Warren – statutory declaration 09 AUG 2022 8 – 72B WILSON, Bruno - statement 8 - 73 WILSON, Darren (48p) + recording 09 DEC 2019 8 - 74 WILSON, Melinda (44p) + recording 29 NOV 2019 8 - 75 WILSON, Troy (13p) 14 JAN 2020 8 - 76 WOODS, Jason (28p) + recording 26 NOV 2019 8 - 77 WOODS, Ryan (43p) + recording 26 NOV 2019 8 - 78 WOODS, Ryan Statement 2 (39p) 28 NOV 2019 8 - 79 WOODS, Tenaia (45p) + 2x recordings 11 DEC 2019 8 - 80 WURRAMARRA, Naomi; MAMARIKA, Roderick; MAMARIKA, 02 SEP 2022 Linda, and MAMARIKA, Elaine – affidavit
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F
PART 9 STATEMENTS – HEALTH STAFF 9 – 0 AH CHEE, Dr Donna and BOFFA, Dr John – affidavit 13 SEP 2022 9 - 1 ALTING, John (19p) + recording 22 JUN 2020 9 - 2 BRAHIM, Kellie (6p) 15 JAN 2020 9 - 3 CAMERON, Fiona (5p) 18 JUN 2020 9 - 3A CARMICHAEL, Robyn – statement of complaint 04 APR 2018 9 - 4 DAILEY, Hannah (35p) + recording 14 JAN 2020 9 – 4A FLEMING, Tina – affidavit 31 AUG 2022 9 - 5 GILL, Helen (27p) 06 APR 2021 9 – 5AA GILL, Helen – affidavit 03 OCT 2022 9 – 5A HALTON, Sally – Affidavit 19 AUG 2022 9 - 5B HEINRICH, Naomi – affidavit 22 AUG 2022 9 – 5C HEINRICH, Naomi – letter, annexing root cause analysis 31 AUG 2022 9 - 6 HOLLAND, Cassandra – statement of events from 9.11 (3p) 19 NOV 2019 9 - 7 HOLLAND, Cassandra -ROC (35p) + recording 12 FEB 2020 9 – 7A HOLLAND, Cassandra – affidavit (signed) 06 OCT 2022 9 - 8 REDDEN, Rebekah (21p) + recording 16 JAN 2020 9 - 9 REEVE, David (12p) 22 NOV 2019 9 – 9A REEVE, David – affidavit 28 SEP 2022 9 - 10 RIWAKA, Janine (17p) + recording 22 JUN 2020 9 - 11 STARBUCK, Matilda (48p) + recording 04 JUN 2020 9 - 12 SYMONDS, Luana (31p) 20 NOV 2019 9 – 12A SYMONDS, Luana – affidavit 05 OCT 2022 9 - 13 VELING, Kerrie (22p) + recording 16 JAN 2020 9 -13A SUTHERLAND, Dr Kerrie (nee Veling) – evidence from 18 FEB 2022 Supreme Court trial 9 - 14 WALCOTT, Lorraine (40p) + recording 10 NOV 2019 9 – 14A WALCOTT, Lorraine – 11x photographs 10 NOV 2019 9 - 15 WATTS, Vanessa (17p) + recording 22 JUN 2020 9 – 15A WATTS, Vanessa – affidavit 05 OCT 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 9 - 16 ZANKER, Heather (9p) + recording 10 NOV 2019 9 - 17 NT Health Riskman records for Yuendumu WHS issues 2019 9 - 18 NT Health Risk Assessment Guide (Matrix)
PART 10 STATEMENTS – EXPERTS 10 - 1 ALPERT, Geoffrey (97p) 31 MAR 2020 10 - 2 ALPERT, Professor Geoffrey – related notes and emails 06 JAN 2020 -
02 APR 2020 10 -2A ALPERT, Dr Geoffrey – evidence from Committal proceedings 03 SEP 2020 10 - 3 BARRAM, Andrew – email to Kirk PENNUTO (1p) 10 MAR 2020 10 - 4 BARRAM, Andrew – Statement 1 – Annexures A/B/C/D/ E / F / 13 MAR 2020 G / H (523p) 10 - 5 BARRAM, Andrew – Statement 2 – Annexures – A / B / C / D/ 26 MAR 2020
E / F / G/H/ I / J / K 10 - 6 BARRAM, Andrew – Statement 3 (12p) 01 APR 2020 10 - 7 BARRAM, Andrew – Statement 4 (8p) 11 JUN 2020 10 - 8 BARRAM, Andrew – Statement 5 (6p) 21 AUG 2020 10 - 9 BARRAM, Andrew – annexures containing footage 10 -9A BARRAM, Andrew – evidence from Committal proceedings 03 SEP 2020 10 -9B BARRAM, Andrew – evidence from Supreme Court trial 28 FEB 2022 (including evidence on the voir dire)
01 MAR 2022 02 MAR 2022 10 - 10 BOTTERILL, Paul (8p) 02 JUN 2020 10 -10A BOTTERILL, Dr Paull – evidence from Supreme Court trial 25 FEB 2022 10 – 10AA CUNEEN, Professor Chris – Expert report 10 -10B LEE, Katherine – evidence from Supreme Court trial 28 FEB 2022 10 - 11 McFARLANE, Alexander (210p) 15 JUL 2020 10 - 12 McINTOSH, Andrew (71p) 20 MAY 2020 10 -12A McINTOSH, Dr Andrew – evidence from Committal 03 SEP 2020 proceedings 10 -12B McINTOSH, Dr Andrew – evidence from Supreme Court trial 25 FEB 2022 10 - 13 READE, Michael (30p) 15 AUG 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 10 - 14 SORELL, Matthew (28p) plus supporting material 24 JAN 2020 10 -13A READE, Michael – evidence from Supreme Court trial 21 FEB 2022 10 - 15 SORELL, Matthew Statement 2 (4p) plus supporting material 12 APR 2020 10 - 16 SORELL, Matthew Statement 3 (11p) plus supporting material 16 SEP 2020 10 - 17 SORELL, Matthew – other material 10 -17A SORRELL, Dr Matthew – evidence from Supreme Court trial 23 FEB 2022 10 – 17B SORRELL, Dr Matthew – statutory declaration re Hawkings 20 AUG 2021
BWV 10 – 17C SORRELL, Dr Matthew – statutory declaration re geolocation 20 AUG 2021 data 10 - 18 TIEMENSMA, Marianne (Dr) – summary post-mortem report 12 NOV 2019 (2p) 10 - 19 TIEMENSMA, Marianne (Dr) – summary post-mortem report 12 NOV 2019 (2p) 10 - 20 TIEMENSMA, Marianne (Dr) – post mortem report (23p) 21 JAN 2020 (redacted) 10 - 21 TIEMENSMA, Marianne (Dr) – additional statement (2p) 01 MAY 2020 10 -21A TIEMENSMA, Dr Marianne – evidence from Committal 03 SEP 2020 proceedings 10 -21B TIEMENSMA, Dr Marianne – evidence from Supreme Court 22 FEB 2022 trial 10 - 22 TOWSEY, Dr Keith (12p) 25 MAR 2020 10 -22A TOWSEY, Dr Keith – evidence from Supreme Court trial 18 FEB 2022 10 – 22AA VAN HAEFTEN, Bruce – statutory declaration 12 OCT 2022 10 – 22B WATEGO, Professor Chelsea; PORTER, Dr Amanda; SINGH, 16 SEP 2022 Dr David; STRAKOSCH, Dr Elizabeth and CERRETO, Anna – expert report “ ‘in normal circumstances’: understanding the structural nature of racial violence in the Northern Territory” 10 – 22C Documents relevant to 10-22B; namely NAAJA briefing documents and CVs of Professor Watego, Dr Porter, Dr Singh, Dr Strakosch and Anna Cerreto Defence Experts 10 - 23 ACKLAND, Professor Tim - Defence Expert (34p) 22 JUN 2021 10 - 24 BLACK, Dr John - Defence Expert (91p) 04 JUL 2021 10 - 25 LEWINSKI, Dr William - Defence Expert (23p) 02 JUL 2021
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 10 - 26 McDEVITT, Ben - Defence Expert – Police Shooting at 29 JUN 2021 Yuendumu (57p) 10 - 27 McDEVITT, Ben - Defence Expert - NTPF accoutrements and 16 AUG 2021 less than lethal UoF options (25p) 10 -27A McDEVITT Ben – evidence from Supreme Court trial 08 MAR 2022 10 - 28 VON KLIEM, Lewis - Defence Expert (49p) 02 JUL 2021 Academics 10 – 29 DOBOS, Dr Ned – expert statement 31 AUG 2022 10 – 30 HINKSON, Dr Melinda – expert statement 10 – 31 HOPKINS, Tamar – expert statement 10 – 31A McCULLOCH, Dr Jude – expert statement 05 AUG 2022 10 – 32 MUSHARBASH, Dr Yasmine – expert statement
PART 11 NT POLICE – RECRUITMENT 11 - 1 NT Police Recruitment Manual (109p) April 2013 11 - 2 NT Police Assessment Guidelines for recruiting staff and the Integrity Panel (11p) 11 - 3 NT Police Medical Standards for police recruitment (12p) January 2009 11 - 4 NT Police recruitment file for Adam DONALDSON 11 - 5 NT Police recruitment file for James KRISTENFELDT
PART 12 NT POLICE – CROSS CULTURAL TRAINING 12 - 1 USB containing a video of a 2.5hour Cross Cultural Presentation provided to current recruits in training 12 - 2 Policing Between Cultures – Session 1 – Multicultural Awareness – Facilitator Guide (64p) 12 - 3 Policing Between Cultures – Session 1 – Multicultural Awareness – PowerPoint Presentation (20p) 12 - 4 Policing Between Cultures – Session 2 – Aboriginal Culture – Facilitators Guide (101p) 12 - 5 Policing Between Cultures – Session 2 – Aboriginal Culture – PowerPoint Presentation (54p) 12 - 6 Policing Between Cultures – Session 3 – Community Partnerships and Engagement – Facilitators Guide (81p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F
PART 13 RELEVANT HISTORICAL INQUEST FINDINGS – NORTHERN TERRITORY 13 - 1 Report of the Inquiry into the death of Jabanardi, 29 July 1980 27 FEB 1991 – Royal Commission into Aboriginal Deaths in Custody – Report presented 27 February 1991 (67p) 13 – 1A Inquest into the death of Andrew ROSS 09 FEB 1999 13 - 2 Inquest into the death of Eduardo Concepcion, October 1999 – 25 JAN 2001 Findings handed down 25 January 2001 (41p) 13 - 3 Inquest into the death of Robert Jongmin, October 2002 – 03 DEC 2007 Findings handed down 3 December 2007 (30p) 13 - 4 Correspondence between Minister for Justice @ Attorney – 08 MAY 2008 General Mr Chris Burns and Commissioner Of Police Mr Paul White re Robert Jongmin inquest findings. (7p) 13 - 5 Inquest into the death of Kieffan Raggett, October 2007 – 08 APR 2011 Findings handed down 8 April 2007 (29p) 13 - 6 Inquest into the death of Cedric Trigger, January 2009 – 19 MAY 2010 Findings handed down 19 May 2010 (18p) 13 - 7 Inquest into the death of Terrance Daniel Briscoe, January 17 SEP 2012 2012 – Findings handed down 17 September 2012 (80p) 13 - 8 Inquest into the death of Sasha Loreen Napaljarri Green, 21 JUN 2018 November 2013 – Findings handed down 21 June 2018 (32p)
PART 14 RELEVANT HISTORICAL INQUEST FINDINGS - QUEENSLAND 14 - 1 Findings of Inquest into the death of Edward Wayne Logan, 23 14 DEC 2015 November 2014 – Findings handed down 14 December 2015 (15p) 14 - 2 Findings of Inquest into the deaths of Anthony William Young, 14 DEC 2015 David Kenneth Baring Young and Louise Alexandra Dekens, 21 August 2013 – Findings handed down – 14 December 2015 (19p) 14 - 3 Findings of Inquest into the death of Shaun Basil Kumeroa, 29 18 JAN 2016 September 2014 – Findings handed down 18 January 2016 (19p) 14 - 4 Findings of Inquest into the death of Laval Donovan Zimmer, 03 MAY 2016 18 November 2014 – Findings handed down 3 May 2016 (22p) 14 - 5 Findings of Inquest into the death of Troy Martin Foster, 24 03 MAY 2016 November 2014 – Findings handed down 3 May 2016 (28p) 14 - 6 Recommendations from Inquest into the deaths of Young, 20 OCT 2017 Kumeroa, Logan, Zimmer and Foster – Delivered 20 October
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 2017 (94p) 14 - 7 Queensland Police response to recommendations from the UNDATED Inquest into the deaths of Young, Kumeroa, Logan, Zimmer and Foster (23p)
PART 15 QUEENSLAND POLICE – TASK FORCE BLETCHLEY 15 - 1 Queensland Police – Task Force Bletchley – A review into the use of force by Queensland Police – 2015
PART 16 THE STEPHEN LAWRENCE INQUIRY – UNITED KINGDOM 16 - 1 Inquiry Into The Matters Arising From The Death of Stephen 15 FEB 1999 Lawrence (United Kingdom). Report dated 15 February 1999
PART 17 POLICIES 17 - 1 ANZPAA Use of Force Principles (1p) 17 - 2 Operational Safety and Use of Force General Order (2p) 14 JUN 2018 17 - 3 Operational Safety and Use of Force Instruction v1.4 (37p) 17 SEP 2020 17 - 4 Police Practices & Procedures - Operational Safety Principles 26 SEP 2018 17 - 5 Arrests – General Order (10p) 20 APR 2017 17 - 6 Coronial Investigation and Inquests – General Order (21p) 04 DEC 2014 17 - 7 Deaths In Custody – General Order (22p) 10 NOV 2011 17 - 8 Major Crime, Major Investigation and Critical Incident 15 NOV 2018 Response Instruction v1.0 (23p) 17 - 9 Police Negotiation Unit – General Order (19p) 08 NOV 2012 17 - 10 Territory Response Group – General Order (10p) 23 OCT 2014 17 - 11 Custody and Transport General Order (2p) 20 SEP 2018 17 - 12 Custody and Transport Instruction v1.2 (87p) 12 FEB 2020 17 - 13 Critical Incident Response – superseded (17p) 16 APR 2009 17 - 14 Police Training – Defensive Tactics, Facilitator Guide v3.1 (83p) 17 - 15 Police Training – Operational Safety, Incident Management, Facilitator Guide v4.1 (90p) 17 - 16 Firearms Operational Safety Manual v1.0 (112p)
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 17 - 17 Firearms Training – Pre-Requalification Reading (8p) 17 - 18 Glock Requalification lesson plan (2p) 17 - 19 Firearms Accuracy Qualification Assessment (2p) 17 - 20 United Nations – Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (4p) 17 - 21 Australian Centre For Policing Research – National minimum guidelines for incident management, conflict resolution and use of force (156p) 17 - 22 Australian Centre For Policing Research – National Guideline Compendium, Police Use of Lethal Force, Deployment of Police in High Risk Situations, Deployment of Police Negotiators (32p) 17 - 23 Standard Operating Procedures - Alice Springs Immediate 30 JUN 2017 Response Team (14p) 17 - 24 Dog Operations Unit General Order - superseded _Redacted 17 - 25 Dog Operations Instruction_Redacted 17 - 26 NT Police General Order W1 Warrants 17 - 27 Complaints Against Police General Order 17 - 28 General Order: Code of Conduct and Ethics 17 - 29 General Order Note Taking, Notebooks, Diaries 01 JUN 2012
PART 18 OTHER POLICE MATERIAL 18 - 1 IRT Training records (27p) 01 JAN 201726 NOV 2019 18 - 2 Email correspondence “FW: IRT deployment to remote 18 NOV locations – Interim measures” Beer, Currie, Pollock, Hebb, 2019Morgan (19p)
19 NOV 2019 18 - 3 Email correspondence “RE: IRT deployment to remote 18 NOV locations – Interim measures” Beer, Murphy, Currie, Pollock, 2019Hebb, Morgan (6p)
27 NOV 2019 18 - 4 Email correspondence “RE: Use of Force” Donaldson and 29 NOV 2019 Anticich (2p) 18 - 5 Email correspondence “RE: UOF” Bacon, Anticich, Hebb, 02 DEC 2019 White, O’Brien and Dole (3p) 18 - 6 Email correspondence “FW: Your statement operation 28 JAN 2020
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F Charwell” Dole, Anticich, Beer, Wellfair (16p) 18 - 7 Email correspondence “RE: Zack Rolfe – Military disciplinary 28 JAN 2020 history” Anticich, Dole, Morgan (3p) 18 - 8 Email correspondence “Recruit Vetting Process” Anticich, 28 JAN 2020Dole, Morgan,
04 FEB 2020 18 - 9 Email correspondence “FW: Op Charwell – coronial 05 FEB 2020investigation – statement required” Morgan, Beer (6p)
06 FEB 2020 18 - 10 Article “You can’t charge me, I’m a cop: should police, 2018 corrections staff and law enforcement officers be immune from criminal liability for actions carried out against vulnerable people in the course of their duties?” by Stephen Gray 18 - 11 Email correspondence “Top 10: UOF / EVD” Fernandes, 30 JAN 2020Anticich attaching use of force data (4p)
01 MAY 2020 18 - 12 Email attaching Terms of reference for Organisational 13 MAY 2020 Response Steering Committee (4p) 18 - 13 Email attaching updated Terms of reference for Organisational 15 MAY 2020 Response Steering Committee (4p) 18 - 14 Police Administration Act 1978 Section 19 Aboriginal Community Police and auxiliaries 18 - 15 NTPOL ACPO Schedule of powers 23 MAY 2022 18 - 16 Yuendumu Station Profile 18 - 17 Draft induction document dated 2020 18 - 18 Station Profile 2014 18 - 19 Yuendumu Police Station 2022 Induction document 18 - 20 NTPF Workplace Induction 10 OCT 2013 18 - 21 NTPOL Types of PROMIS alerts IRT deployments to Borroloola 18 - 22 NT PROMIS entries for deployments to Borroloola 18 - 23 NT Police Case Note: (44027005) Escape Custody – 26 DEC 2018 Borroloola 18 - 24 NT Police Case Note: (44027765) NOBLE arrested 28 DEC 2018 18 - 25 NT Police Case Note: (44027732) Running sheet 28 DEC 2018 18 - 26 NT Police IJIS Offender Journal 28 DEC 2018
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 18 - 27 Statement of facts 21853160
PART 19 CRIMINAL PROSECUTION 19 - 1 R v Rolfe – statement of facts (7p) 19.12.2019 19 - 2 Considerations in relation to bail (5p) 19 - 3 Bail Form (3p) 13 NOV 2019 19 - 4 Notice to prosecutors (1p) 19 - 5 Folio index 19 - 6 Witness index Transcripts 19 - 7 Local Court – mention (5p) 19.12.2019 19 - 8 Local Court – mention (5p) 09.04.2020 19 - 9 Local Court – mention (7p) 22.07.2020 19 - 10 Local Court – mention (27p) 14.08.2020 19 - 11 Local Court – committal day one (81p) 01.09.2020 19 - 12 Local Court - committal day two (91p) 02.09.2020 19 - 13 Local Court - committal day three (70p) 03.09.2020 19 - 14 Local Court – committal submissions (38p) 25.09.2020 19 - 15 Supreme Court (7p) 20.01.2021 19 - 16 Supreme Court (8p) 31.03.2021 19 - 17 Supreme Court (6p) 23.08.2021 19 - 18 Supreme Court (55p) 20.12.2021 19 - 19 Supreme Court (93p) 21.12.2021 19 - 20 Supreme Court – trial (22p) (published) 07.02.2022 19 - 21 Supreme Court – trial (51p) (published) 08.02.2022 19 - 22 Supreme Court – trial (62p) (published) 09.02.2022 19 - 23 Supreme Court – trial (54p) (published) 10.02.2022 19 - 24 Supreme Court – trial (70p) (published) 11.02.2022 19 - 25 Supreme Court – trial (72p) (published) 14.02.2022 19 - 26 Supreme Court – trial (59p) (published) 15.02.2022 19 - 27 Supreme Court – trial (64p) (published) 16.02.2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 19 - 28 Supreme Court – trial (62p) (published) 17.02.2022 19 - 29 Supreme Court – trial (59p) (published) 18.02.2022 19 - 30 Supreme Court – trial (45p) (published) 21.02.2022 19 - 31 Supreme Court – trial (63p) - (published) 22.02.2022 19 - 32 Supreme Court – trial (62p) - (published) 23.02.2022 19 - 33 Supreme Court – trial (61p) - (published) 24.02.2022 19 - 34 Supreme Court – trial (53p) - (published) 25.02.2022 19 - 35 Supreme Court – trial (51p) - (published) 28.02.2022 19 - 36 Supreme Court – trial (63p) - (published) 01.03.2022 19 - 37 Supreme Court – trial (67p) - (published) 02.03.2022 19 - 38 Supreme Court – trial (60p) - (published) 03.03.2022 19 - 39 Supreme Court – trial (73p) - (published) 04.03.2022 19 - 40 Supreme Court – trial (42p) - (published) 07.03.2022 19 - 41 Supreme Court – trial (72p) - (published) 08.03.2022 19 - 42 Supreme Court – trial (57p) - (published) 09.03.2022 19 - 43 Supreme Court – trial (51p) - (published) 10.03.2022 19 - 44 Supreme Court – trial (3p) - (published) 11.03.2022 Judgments 19 - 45 The Queen v Rolfe (No 1) [2020] NTSC 80 (16p) 17.12.2020 19 - 46 The Queen v Rolfe (No. 2) [2021] NTSC 45 (21p) 18.06.2021 19 - 47 The Queen v Rolfe (No 3) [2021] NTSC 46 (15p) 22.06.2021 19 - 48 The Queen v Rolfe (No. 4) [2021] NTSC 58 (43p) 13.08.2021 19 - 49 The Queen v Rolfe (No 5) [2021] NTSCFC 6 (100p) 13.08.2021 19 - 50 The Queen v Rolfe (No 6) [2021] NTSC 65 (18p) 19.08.2021 19 - 51 The Queen v Rolfe [2021] HCA 38 (17p) 10.11.2021 19 - 52 The Queen v Rolfe (No 7) [2022] NTSC 1 (63p) 20.01.2022 19 - 53 The Queen v Rolfe (No 8) [2022] NTSC 11 (17p) 22.02.2022 19 - 54 The Queen v Rolfe (No 9) [2022] NTSC 22 (6p) 30.03.2022 Trial MFIs and Exhibits Tendered
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 19 - 55 Agreed trial exhibit list (12p) 07.02.202210.03.2022 19 - 56 Exhibit 1: Crown bundle of documents including Agreed Facts 08 FEB 2022 19 - 57 Exhibit 2: Crown bundle including BWV transcripts and still 09 FEB 2022 images of axe incident on 06.11.2019 and CCTV still images of Yuendumu Police Station on 09.11.2019 19 - 58 Exhibit 7: Person Entity Profile Report for Kumanjayi Walker 10 FEB 2022 (created on 24.08.2020 19 - 59 Exhibit 8: PROMIS Case Note (44194706) (axe incident) 10 FEB 2022 (created on 06.11.2019) 19 - 60 Exhibit 9: Sketch plan of Yuendumu Police Station Muster 10 FEB 2022 Room 19 - 61 Exhibit 12: BWV transcript of SC Anthony Hawkings at 10 FEB 2022 Yuendumu Police Station (aftermath of shooting incident; 09.11.2019; 9.12pm) 19 - 62 Exhibit 13: Email from Detective Sgt Wayne Newell to Sgt Julie 11 FEB 2022 Frost (18.11.2020) 19 - 63 Exhibit 14: Standard Operating Procedures (Alice Springs – 11 FEB 2022 Immediate Response Team) 19 - 64 Exhibit 20: Sketch plan of IRT briefing at Alice Springs Police 14 FEB 2022 Station on 09.11.2019 prepared by Constable 1/C Breanna Bonney 19 - 65 Exhibit 25: Crown bundle of shooting incident (BWV transcripts 17 FEB 2022 & still images from 09.11.2019) 19 - 66 Exhibit 27: Aerial image of House 511 marked by SC Anthony 17 FEB 2022 Hawkings 19 - 67 Exhibit 31: BWV transcript of SC Anthony Hawkings at 17 FEB 2022 Yuendumu Police Station (aftermath of shooting incident; 09.11.2019; 7.30pm) 19 - 68 Exhibit 37: Part 4 (Edged and Blunt Weapon Awareness) of 18 FEB 2022 Police ‘Defensive Tactics’ Training Module (Facilitator Guide) 19 - 69 Exhibit 40: Bundle of four forensic photographs of the scissors 21 FEB 2022 19 - 70 Exhibit 49: Bundle of two annotated photographs of the T-shirt 21 FEB 2022 worn by the deceased at the time of the shooting incident 19 - 71 Exhibit 51: Summary of forensic examination and findings in 21 FEB 2022 relation to the scissors prepared by forensic biologist Kate Cheong-Wing 19 - 72 Exhibit 52: Bundle of three annotated photographs of the 21 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F Police issue shirt worn by the accused on 09.11.2019 19 - 73 Exhibit 53: Summary of forensic examination and findings in 21 FEB 2022 relation to the Police issue shirt worn by the accused on 09.11.2019 prepared by forensic biologist Kate Cheong-Wing 19 - 74 Exhibit 54: Bundle of three annotated photographs of the 21 FEB 2022 Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 19 - 75 Exhibit 55: Summary of forensic examination and findings in 21 FEB 2022 relation to the Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by forensic biologist Kate Cheong-Wing 19 - 76 Exhibit 56: Curriculum vitae of Dr Marianne Tiemensma 22 FEB 2022 19 - 77 Exhibit 57: Diagram and annotated photograph of bullet 22 FEB 2022 wounds to the body of the deceased prepared by Dr Marianne Tiemensma 19 - 78 Exhibit 58: Bundle of email correspondence between Dr 22 FEB 2022 Marianne Tiemensma and investigating officers/DPP (16.03.2020 – 24.08.2020) 19 - 79 Exhibit 61: myADAPT Police training overview for Remote Sgt 23 FEB 2022 Adam Eberl 19 - 80 Exhibit 62: Crown bundle of NTPF Orders and Guidelines 23 FEB 2022 including Defensive Tactics facilitator guide 19 - 81 Exhibit 63: Cordon and Containment Course Southern 23 FEB 2022 Command Joining Instructions (08.05.2017-19.05.2017) 19 - 82 Exhibit 65: Cordon and Containment Course Southern 24 FEB 2022 Command Joining Instructions (08.05.2017-19.05.2017) 19 - 83 Exhibit 66: Email correspondence between Timothy Simpson 24 FEB 2022 and an investigating officer (25.05.2020) 19 - 84 Exhibit 67: Bundle of four photographs depicting damage to 24 FEB 2022 the black tactical vest with plate worn by the accused on 09.11.2019 19 - 85 Exhibit 68: Email correspondence between Timothy Simpson 24 FEB 2022 and the parties to these proceedings (03.02.2022) 19 - 86 Exhibit 69: Bundle of three reports and curriculum vitae 25 FEB 2022 prepared by Dr Andrew McIntosh 19 - 87 Exhibit 71: Curriculum vitae of Dr Paull Botterill 25 FEB 2022 19 - 88 Exhibit 72: Report prepared by Dr Paull Botterill (02.06.2020) 25 FEB 2022 19 - 89 Exhibit 73: Email correspondence between Dr Paull Botterill 25 FEB 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F and an investigating officer (15.07.2020; 28.07.2020) 19 - 90 Exhibit 74: Curriculum vitae of Dr Joannah Lee 28 FEB 2022 19 - 91 Exhibit 75: Bundle of five annotated photographs of the Police 28 FEB 2022 issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by Dr Joannah Lee (19.01.2022) 19 - 92 Exhibit 76: Summary of results of forensic DNA analysis in 28 FEB 2022 relation to the Police issue shirt worn by Remote Sgt Adam Eberl on 09.11.2019 prepared by Dr Joannah Lee 19 - 93 Exhibit 77: Curriculum vitae of Detective Senior Sgt Andrew 28 FEB 2022 Barram 19 - 94 Exhibit 78: Bundle of documents relating to Senior Sgt 28 FEB 2022 Barram’s evidence including Police training exam papers completed by the accused + Police training Assessment Instrument relating to the accused (10.11.2016) 19 - 95 Exhibit 79: Facebook post by Detective Senior Sgt Andrew 2 MAR 2022 Barram sharing video (copy of video at Exhibit 80) (02.10.2019) 19 - 96 Exhibit 81: NTPFES Person Location Record relating to the 02 MAR 2022 accused (24.02.2022) 19 - 97 Exhibit 82: Bundle of email correspondence between Dr Keith 02 MAR 2022 Towsey and investigating officers/DPP (15.07.2020 to 24.08.2020) 19 - 98 Exhibit 83: Curriculum vitae of Ben McDevitt 08 MAR 2022 19 - 99 Exhibit 84: Bundle of four documents relating to a Police use of 08 MAR 2022 force model developed by Ben McDevitt 19 - 100 Electronic exhibits: exhibit 12, 25, 31, 39, 59, 60, 80 Suppression and non—publication Orders Tendered 19 - 101 Order made by Chief Judge Morris 21 FEB 2020 19 - 102 Order made by Judge Birch 01 JUL 2020 19 - 103 Order made by Judge Birch 03 SEP 2020 19 - 104 Order made by Chief Judge Morris 08 SEP 2020 19 - 105 Order made by Judge Birch 26 OCT 2020 19 - 106 Order made by Acting Justice Mildren 11 DEC 2020 19 - 107 Order made by Acting Justice Mildren 18 JUN 2021
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 19 - 108 Order made by Acting Justice Mildren 19 JUL 2021 19 - 109 Order made by Acting Chief Justice Southwood 22 JUL 2021 19 - 110 Order made by Acting Chief Justice Southwood 28 JUL 2021 19 - 111 Order made by Acting Justice Mildren 30 JUL 2021 19 - 112 Order made by Acting Justice Mildren 13 AUG 2021 19 - 113 Amended Order made by Justice Southwood 17 AUG 2021 19 - 114 Order made by Chief Justice Grant 19 NOV 2021 19 - 115 Order made by Justice Burns 20 DEC 2021 19 - 116 Order made by Justice Burns 20 JAN 2022 19 - 117 Order made by Justice Burns 31 JAN 2022 19 - 118 Amended Order made by Justice Burns 09 FEB 2022 19 - 119 Order made by Justice Burns 15 FEB 2022 19 - 120 Order made by Justice Burns 16 FEB 2022 19 - 121 Order made by Justice Burns 18 FEB 2022 19 - 122 Order made by Justice Burns 22 FEB 2022 19 - 123 Order made by Justice Burns 01 MAR 2022 19 - 124 Order made by Justice Burns 03 MAR 2022
PART 20 OTHER MATERIAL NORTHERN TERRITORY ABORIGINAL JUSTICE AGREEMENT 20 - 1 Letter Streeton Lawyers to Human Rights Commission 06 MAY 2020 20-2 Northern Territory Aboriginal Justice Agreement 2021-2027 20-3 Northern Territory Aboriginal Justice Agreement Action Plan 2021-2022 20-4 Northern Territory Aboriginal Justice Agreement Implementation Strategy 2021-2027 20-5 Pathways to the Northern Territory Aboriginal Justice Agreement
MILITARY RECORDS 20-6 Military records for Adam DONALDSON 20-7 Military records for James KRISTENFELDT
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F Material from Royal Commission into the Protection and Detention of Children in the Northern Territory 20-8 BATH, Dr Howard – report “Growing them Strong, Together: Promoting the Safety and Wellbeing of the Northern Territory’s Children”.
20-9 BATH, Dr Howard – statement 01 OCT 2016 20-10 BATH, Dr Howard – transcript of evidence at the Royal 31 MAY 2017 Commission 20 – 10A HOWARD, Dr Damien – statement to the Royal Commission 05 OCT 2016 20 – 10B HOWARD, Dr Damien – evidence to the Royal Commission 13 OCT 2016 20-11 Final Report, Chapter 25: The Path into Detention Legal Issues in Inquests 20-12 Aberdeen, John ““Blowed off by a side wind”? Coronial inquests following criminal acquittals” J Law Med 2016 Mar 23(5):595-608 20-13 Freckleton QC, Ian “Procedural Fairness and the Coroner” (2018)
26 JLM 7 20-14 Freckleton QC, Ian “Minimising the Counter-Therapeutic effects of Coronial Investigations: In search of balance” QUT Law Review 16(3) 4-29 20 – 14A NEWHOUSE, George, GHEZELBASH, Daniel and WHITTAKER, 2020 Alison – article “The Experience of Aboriginal and Torres Strait Islander Participants in Australia’s Coronial Inquest System: Reflections from the Front Line” – International Journal for Crime, Justice and Social Democracy 9(4) 2020 20 – 14B Victorian Equal Opportunity & Human Rights Commission & Victorian Aboriginal Legal Service “Resource: Investigating systemic racism – a Tanya Day inquest resource for advocates and lawyers” Academic articles 20-15 Butler, Judith “Endangered/Endangering: Schematic Racism and White Paranoia” 1993, in Reading Rodney King: Reading Urban Uprising, ed. Robert Gooding-Williams, 15-22. New York and London: Routledge 20-16 Chapman, Lora Elizabeth “‘Cop chasing’ in Alice Springs: Youth Experiences of surveillance in a Central Australian Town” 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F The Australian Journal of Anthropology special edition 20-17 Curran, Georgia “Justice for Walker: Warlpiri responses to the police shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20-18 Daly, Professor Anne & Barrett, Greg “Independent Cost Benefit Analysis of the Yuendumu Mediation and Justice Committee” 2014 20-19 Finnane, Mark & Finnane, Kieran (2011) A Death in Alice Springs, Current Issues in Criminal Justice, 23:2, 255-271 20-20 Folds, Ralph “Aboriginal crime at the cultural interface in Central Australia” Crime Media Culture 2019, Vol. 15(1) 107-124 20-21 Hinkson, Melinda “Afterward: Context erasure” 2022 The Australian Journal of Anthropology special edition 20-22 Horton, Patrick “Carceral spectres: hyperincarceration and the haunting of Aboriginal life” 2022 The Australian Journal of Anthropology special edition 20 – 22A HOWARD, Dr Damien & BARNEY, Jody – article “How mainstream 22 JUN 2020 services are failing the many indigenous people with hearing loss in custody” – The Mandarin 20 – 22B HOWARD, Dr Damien & Others – article “The link between hearing impairment and child maltreatment among Aboriginal children in the Northern Territory of Australia: is there an opportunity for a public health approach in child protection?” BMC Public Health (2020) 20:449 20 – 22C McFARLANE, Professor Alexander & Others – article “Problem 2022 anger in veterans and military personnel: Prevalence, predictors, and associated harms of suicide and violence” Journal of Psychiatric Research 151 (2022) 57-64 20 – 22D McFARLANE, Professor Alexander & Others – article “The role of 2021 inhibitory process in the relationship between subsyndromal PTSD symptoms and aggressive behaviour” Journal of Psychiatric Research 143 (2021) 357-363 20 – 22E McFARLANE, Professor Alexander – book chapter “Anger in occupations characterised by repeated threat and stress exposure” 20 – 22F McFARLANE, Professor Alexander – submission to senate Inquiry 20 JUN 2018 “The People behind 000” 20-23 Musharbash, Yasmine “Yuendumu CDEP: The Warlpiri work ethic and Kardiya staff turnover” 2004 in The Indigenous Welfare Economy and the CDEP Scheme, ed F. Morphy and W.G.
Sanders, 153-165. ANU Press 20-24 Musharbash, Yasmine Yuendumu Everyday: Contemporary life in remote Aboriginal Australia 2008 Aboriginal Studies Press
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 20-25 Musharbash, Yasmine “Warlpiri fears/whitefella fears: Ways of being in Central Australia seen through an emotion” 2009 Emotion Space and Society 3 (2010) 95-102 20-26 Musharbash, Yasmine “‘Only whitefella take that road’: Culture seen through the intervention at Yuendumu” 2010 in Culture Crisis: Anthropology and Politics in Aboriginal Australia, ed. John Altman and Melinda Hinkson, 212-225 20-27 Musharbash, Yasmine “Monstrous Transformations: A Case Study from Central Australia” 2014, in Monster Anthropology in Australasia and Beyond, ed. Yasmine Musharbash and Geir Henning Presterudstuen, 39-55. Palgrave Macmillan New York 20-28 Musharbash, Yasmine (2017) “Telling Warlpiri Dog Stories”, Anthropological Forum, 27:2, 95-113, 20-29 Musharbash, Yasmine “A Story in and on Signs: Making Resistance and Acquiescence Legible as Forms of Resilience” 2019, in Pacific Realities: Changing Perspectives on Resilience and Resistance, ed. Laurent Dousset and Melissa Nayral, 23-43.
New York and Oxford: Berghahn 20-30 Musharbash, Yasmine “An Introduction in 3 parts: Anthropological perspectives on the shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20-31 Pawu-Kurlpurlurnu WJ, Holmes M and Box L. 2008. Ngurra-kurlu: A way of working with Warlpiri people, DKCRC Report 41. Desert Knowledge CRC, Alice Springs 20-32 Perera, Suvendrini and Pugliese, Joseph “Death in a Dry River: Black Life, White Property, Parched Justice” 2011) Somatechnics 1.1: 65-86 20-33 Razack, Sherene H. “Settler Colonialism, Policing and Racial Terror: The Police Shooting of Loreal Tsingine” 2020 Feminist Legal Studies 28:1-20 20-34 Redmond, Anthony “Military policing and labour extraction in the north-west Kimberley” 2022 The Australian Journal of Anthropology special edition 20-35 Scarfe, Liz “Erasing Trauma – Erasing Indigeneity: How the settler colonial state erased Warlpiri trauma in the wake of the police shooting of Kumanjayi Walker” 2022 The Australian Journal of Anthropology special edition 20-36 Vaarzon-Morel, Petronella “Hope in a time of world-shattering events and unbearable situations: policing and an emergent 'ethics
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F of dwelling' in Lander Warlpiri Country” 2022 The Australian Journal of Anthropology special edition FASD material 20-37 Fetal Alcohol Spectrum Disorder (FASD): An update on police and 2022 practice in Australia Other 20 – 38 Australian Institute of Criminology report – Deaths in custody in 2021 Australian 2020-2021 20 – 39 Australian Institute of Health and Welfare – Hearing health 2021 outreach services for Aboriginal and Torres Strait Islander children in the Northern Territory July 2012 to December 2020 20 – 40 Human Rights Commission – Indigenous deaths in custody 19891996 Profile – Male 48 died 28 April 1990, Elcho Island NT 20 – 41 KORF, Jens – article “Ear health and Hearing Loss” – Creative 20 MAR 2020 Spirits 20 – 42 NT Health “Hearing loss is preventable” 03 MAR 2020 20 – 43 PANTHEE, Madhu Yuendumu Peace Mission Presentation 20 – 44 Senate Report “The People behind 000: mental health of our first FEB 2019 responders” 20 – 45 Root Cause Analysis (RCA) - Department of Health responses to a 14 JAN 2021 Critical Incident in Yuendumu in November 2019 20 – 46 7New Spotlight - Life and Death (45m56s) – recording 20 – 47 7New Spotlight - Life and Death (45m56s) – transcript 20 – 48 7News Spotlight - The Trial of 'Killer' Cop Zachary Rolfe (35m53s) – recording 20 – 49 7News Spotlight - The Trial of 'Killer' Cop Zachary Rolfe (35m53s) – transcript 20 – 50 7News Spotlight Footage video 1 20 – 51 7News Spotlight Footage video 1 – transcript 20 – 52 7News Spotlight Footage video 2 20 - 53 7News Spotlight Footage video 2 - transcript 20 – 54 7News Spotlight Footage video 3
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure F 20 – 55 7News Spotlight Footage video 3 – transcript
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure G Inquest into the death of Kumanjayi Walker Table A: Material to which interim non publication order applies Annexure to non publication order made 4 May 2023
The image or likeness of witness Claudia Campagnaro in connection to any reporting, commentary, broadcast, media or social media posts or comments concerning the Inquest into the Death of Kumanjayi Walker or Constable Zachary Rolfe
The names XZ, BB and “Officer B” referred to in the evidence of Claudia Campagnaro at T2791
The name of the friend of Claudia Campagnaro who participated in a recorded conversation with police on 14 October 2020, or any information that may identify her
The name and image of Master TG, who was arrested by Cst Rolfe on 11 August 2011
The name and image of Master CW, who was arrested by Cst Rolfe on 1 April 2019
The names of any victims of domestic violence alleged to have been committed by Kumanjayi Walker, and any information that may tend to identify them
The names of any alleged perpetrators or victims of domestic violence to which Kumanjayi Walker was exposed as a child, and any information that may tend to identify them
The name of the person D“C”C referred to in the evidence of Cst Rolfe at T3267
(a) Paragraphs [5] and [20] of the submissions filed on behalf of Constable James Kirstenfelt dated 17 October 2022;
(b) Paragraph 2 of the submissions filed on behalf of the Northern Territory Police Force dated 21 October 2022;
(c) The evidence of Constable James Kirstenfelt given on 20 October 2022 regarding his mental health;
(d) The report of Ms Angela Lebar dated 30 August 2022
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure G
The names of the recipients of the SMS/MMS messages sent from Constable Rolfe at 1:08am and 1:10am on 25 September 2019, containing a video of bodyworn video of an incident in Todd Mall on 24 September 2019
Sensitive images of K Walker recorded after he was shot on 9 November 2019 (including images of him receiving treatment and of immediately after his passing). In particular, the sensitive images contained in Ex 4-1 BWV:
• Donaldson 3 of 5
• Eberl 2 of 4
• Eberl 3 of 4
• Eberl 4 of 4
• Hawkings 3 of 10
• Hawkings 4 of 10
• Kirstenfelt 2 of 2
• Rolfe 2 of 4
(a) 3-1 NT Police Recruitment File reference check- Corinne Smith
(b) 3-2 Email Correspondence and certificates- Trojan Securities (12p)
(c) 3-3 Statement Sgt Kevin Agnew 23 Jan 2020
(d) 3-4 NT Police Application- Rolfe
(e) 3-5 Statement Superintendent Sharma
(f) 3-6 AIFP Psychiatric profiling Report
(g) 3-7 NT Police Interview Panel recommendations
(h) 3-8 NT Police Interview Notes
(i) 3-25 Career Review - Const Zachary ROLFE
(j) 3-35 Email corro – Comd Currie – SSgt Williams
(k) 3-36 IRT Induction Course – Joining Instructions
(l) 3-37 TRG Training records
(m) 3-38 PROMIS Case Note Entry – 8854742
(n) 3-39 TRG Training Transcript
(o) 3-40 TRG Training Transcript
(p) 3-41 TRG Training Transcript
(q) 3-42 Load Bearing Vest – Business Case
(r) 3-43 Patrol Riffle – Business Case
(s) 3-44 Operation Moor Review
Inquest into the death of Kumanjayi Walker (Ruling No 8) [2023] NTLC 025 Annexure G
(t) 3-45 ABC News – militarisation of police
(u) 3-46 Ben Beede – Paramilitary and Militarized Police
(v) 3-47 Soldiers as Police Officers Police Officers
(w) 3-48 David Baker, Crime Law Society, 2009
(x) 3-49 Rolfe Bath Street Medical Centre records
(y) 3-50 Pharmaceutical Benefit Scheme records
(z) 3-50A NT Police recruitment file for Zachary Rolfe (88p) (aa) 3-51 Vic Pol Recruitment Correspondence (bb) 3-52 Email from Inspector Caroline West, Victoria Police 20 May 2020 (cc) 3-53 Statement Caroline West, Victoria Police 25 June 2020 (dd) 3-54 Extract of Rolfe’s application for Victoria Police (ee) 3-55 Email Giannulidis Victoria Police – no criminal history 5 June 2020 (ff) 3-56 Expression of Interest for Queensland Police 1 February 2016 (gg) 3-57 Email Terry Poole – QLD Police – no intelligence holdings (6p) 9 June 2020 (hh) 3-58 QLD Police Report – involving Rolfe – 23/12/2011 (ii) 3-58A Email from Stephen Quinn QLD Police 23 June 2020 (jj) 3-59 WA Police application 2 February 2016 (kk) 3-60 Email Manju Subramanian, WA Police re nil criminal history 5 June 2020 (ll) 3-61 Email Marianne Walker, AFP – no outcomes 8 June 2020 (mm)3-62 Email Judith Crowley, SA Police – infringement only 5 June 2020 (nn) 3-63 Email Brett Walsh, Tas Police – no record 5 June 2020 (oo) 3-64 EVANS, Tracey (14p) (ADF) 12 June 2020 (pp) 3-64A ADF Employment application extract (1p) 21 January 2010 (qq) 3-64B ADF Service History (7p) 17 December 2019 (rr) 3-64C ADF Service Certificate (1p) 3 May 2015 (ss) 3-64D ADF Conduct record (98p) (tt) 3-64E Department of Defence Application for special Forces (4p) 28 August 2014 (uu) 3-64F Special Operations Command Application (vv) 3-159 PAYNE, STEPHEN–statement (40p) 29 April 2022 (ww) 3-160 PHAM, William (AFP)–statement (3p) 18 March 2021 (xx) 3-161 Apple iPhone Xs (A1920) extraction report –redacted (8047p), Images and videos (yy) 3-165 NT Police Internal Investigation Intinv2020-001 - 12 October 2019 (zz) 3-166 NT Police Internal Investigation IntInv2020-033 - 18 February 2019 (aaa) 3-167 NT Police Internal Investigation Intinv2021-006 - BWV dissemination (bbb) 3-168 PROMIS Summary 9072699 8 September 2019 (ccc) 3-169 AXON_Body_2_Video_2019-09-08_0417 8 September 2019 (ddd)3-170 AXON_Body_2_Video_2019-09-08_0418 8 September 2019 (eee) attachment to Ex 7-69 – list of children of interest (fff) 10-11 McFARLANE, Professor Alexander 15 July 2020 (ggg) 20-50 7News Spotlight Footage video 1 (hhh) 20-51 7News Spotlight Footage video 1 – transcript (iii) 20-52 7News Spotlight Footage video 2 (jjj) 20-53 7News Spotlight Footage video 2 - transcript (kkk) 20-54 7News Spotlight Footage video 3 (lll) 20-55 7News Spotlight Footage video 3 – transcript
A 45-year-old Aboriginal man with severe cognitive impairment (6.5-year-old equivalent English comprehension), traumatic brain injury, epilepsy and multiple medical conditions died from environmental exposure and dehydra…
This coronial ruling addresses procedural decisions on admissibility of evidence in the Kumanjayi Walker inquest rather than findings on cause of death. The coroner declined three late requests to introduce additional ev…
Grace Moulding, a 27-year-old British woman, died in a single-vehicle rollover on the Sandover Highway while driving an unregistered Art Centre vehicle at an estimated 116 km/h on an unsealed road. Critical failures incl…
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