Source: The Conversation (Au and NZ) – By Thalia Anthony, Professor of Law, University of Technology Sydney

First Nations people please be advised this article speaks of racially discriminating moments in history, including the distress and death of First Nations people.

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The inquest findings into the death of 19-year-old Kumanjayi Walker are among the most anticipated in the history of deaths in custody.

It is almost six years since Walker was shot point blank three times by former Northern Territory (NT) Police constable Zachary Rolfe. These events occurred on the evening of November 9 2019 in a family home of Walker, as Warlpiri people of the remote Central Australian community of Yuendumu listened in fear.

In the immediate aftermath of the shooting, Chief Minister Michael Gunner promised “consequences would flow”.

In 2022, Rolfe was tried for murder and the alternate charges of manslaughter and violent act causing death. The first, non-lethal, shot was conceded by the prosecution to be in self-defence. The fatal second and third shots were the basis for the prosecution.

The jury, with no Aboriginal representation, decided in March 2022 that self-defence also applied to the subsequent shots, and Rolfe was found not guilty.

Legal experts have since contended that the first shot was not an act of self-defence, given Rolfe unlawfully ambushed Walker without permission to enter the home. They also maintain Rolfe’s history of racial violence and slurs against Aboriginal people should have been admissible evidence given their relevance to Rolfe’s conduct on the night of November 9.

Following the trial, in September 2022 the inquest into Kumanjayi Walker’s death commenced. The coroner’s role is to determine the causes of Walker’s death.

The issue of police racism, generally in the NT Police and specifically on the part of Rolfe, came within the scope of the inquest, along with Rolfe’s allegedly violent practices towards Aboriginal people, police relations with Aboriginal people in remote communities, and the use of police weapons, especially firearms.

The inquest has been a litmus test for racism in police forces. The Yuendumu community has sought findings of racism and recommendations to redress this wicked problem, including disciplinary action for racist and violent police officers.

Walker’s family has called for

• funding from prisons and police to be reinvested in Aboriginal community-led supports
• the disarming of police in remote communities
• the banning of police force and discriminatory practices
• respect for self-determination in Yuendumu.

The North Australian Aboriginal Justice Agency (NAAJA) also argued for independent and robust police accountability mechanisms.

The inquest was originally due to conclude in December 2022, but was substantially delayed based on a number of applications and appeals from Rolfe.

Rolfe requested for Coroner Armitage to remove herself from the inquest based on perceived bias against him. He also refused to give evidence to the inquest, on the basis that his evidence would implicate him. Multiple appeals to higher courts were unsuccessful but time-consuming.

Walker’s family expressed concerns that the significant delays in the inquest have been detrimental to their plight.

A fortnight before the inquest findings were due to be delivered, another young Warlpiri man, 24-year-old Kumanjayi White from Yuendumu, was killed by police in May 2024. This set back the findings and reopened wounds endured by the Yuendumu community. Once again, the community has had to remobilise to campaign for justice. It has added to the sentiment of the community, which was expressed by Kumanjayi White’s grandfather Ned Jampijinpa Hargraves: “we do not trust police”.

What did the inquest reveal?

This inquest, more than any other in recent history, has put into sharp relief the violence of the police force. It received evidence of text messages in which Rolfe described Aboriginal people as “neanderthals who drink too much alcohol” and referred to Aboriginal people as “coon”.

Footage was shown of Rolfe’s use of violence towards Aboriginal people. Forty-six incidents of violence, including punching Aboriginal people and rendering them unconscious, had been recorded between 2016 and 2019. Some of these attacks were the subject of professional standards and legal complaints. The inquest heard of the failure of police and prosecutors to investigate.

However, the racism was not confined to Rolfe. Evidence of a culture of racism disclosed that it was endemic up to the highest levels. There was “normalised” and widespread use of racist language towards Aboriginal people, including use of the “n-word”.

Rolfe provided evidence of the police annual racist awards (“Coon of the Year”) and officers who would describe a pub that Aboriginal people attended as the “animal bar”.

The fact a white police officer, Rolfe, disclosed the racism gave it a legitimacy and widespread coverage that the Yuendumu community was unable to garner.

The inquest identified issues with the substantial recruitment of former Australian Defence Force (ADF) personnel to the NT Police. Rolfe, who served in Afghanistan, gave evidence he was trained by the ADF to dehumanise the “enemy”.

The inquest also heard that NT police officers who had served in the ADF were twice as likely to draw a firearm than non-ADF police officers. This use of force raised important questions around police recruitment.

Leanne Liddle, who at the time was director of the NT government’s Aboriginal Justice Unit and conducted consultations across remote communities on criminal justice, gave evidence to the inquest that racism in the police was “systemic”.

Findings and recommendations

The findings of the coroner have identified acts of racism but have not delivered a crushing blow to racial violence in the NT Police. The recommendations do not seek to transform the force’s practices or dilute its powers.

The coroner’s starting point in her findings delivered at Yuendumu was that police should be able to “defend themselves” against “serious attacks”. Coroner Armitage acknowledged the “stress” endured by Rolfe and his family along with the trauma of Walker’s family.

While evidence before the inquest identified Rolfe’s days of planning around Walker’s forceful arrest, the coroner first considered Walker’s conduct, upbringing and circumstances that led to his death. The coroner did not give attention to the privilege of Rolfe’s background and how this may have contributed to his treatment of Aboriginal people in central Australia, including Walker.

The coroner made some key findings:

• Racism was “normalised” in the Alice Springs police station, including on the part of Rolfe. Racism “could have” contributed to Rolfe’s shooting of Walker. The coroner stopped short of finding systemic racism in NT Police due to the “modest amount of evidence on racism” across the police force. Arguably this inquest heard the most substantial evidence of institutional police racism in the history of inquests into deaths in custody. She determined that a separate inquiry into systemic racism was required given that the NT Police force had “significant hallmarks of institutional racism”.

• The coroner also noted Alice Springs police officers are on the “receiving end” of racist comments from Aboriginal people.

• Police racism, according to the coroner, existed because the officers are overwhelmingly dealing with Aboriginal people on a “negative” basis.

• Rolfe used excessive force in his career as a police officer, and due to his dehumanisation of Aboriginal arrestees, had created a dangerous situation on November 9.

• Ultimately, Walker’s death in custody arose from Rolfe’s “flawed decisions”.

• Since Walker’s death in custody, NT Police have undertaken “significant changes”.

The coroner’s recommendations are:

• NT Police should strengthen its anti-racism strategy and publicly report on compliance
• Mutual respect agreements should be developed between NT Police and Yuendumu
• The NT government should enhance support for the Yuendumu community night patrol, youth services, mediators, and diversion and rehabilitation programs
• NT Police should engage directly with Yuendumu leadership groups to discuss concerns, including when it would be appropriate for police not to carry firearms.

Where to from here?

The almost six years since the shooting of Kumanjayi Walker have not delivered on Chief Minister Michael Gunner’s promise that “consequences would flow”.

The inquest findings do not bring the community any closer to consequences. There was no disciplinary action recommended for any officer involved in Walker’s death. The coroner also did not recommend consequences for police with a history of using force against Aboriginal people, or those who have expressed racist attitudes or behaved in racist ways.

To date, Rolfe, or Adam Erbel who was restraining Walker at the time of the shooting, have not apologised for Walker’s death.

The coroner also did not set down recommendations that had consequence for NT Police. These might have included reconstituting the force to make it community-oriented, relying less on force and not carrying firearms in remote communities, or redirecting funds to NT Aboriginal remote community-controlled law and justice groups.

Even the modest recommendations that were made may not see the light of day in government policy or police practice. There is no legally enforceable obligation for governments and agencies to implement coronial recommendations, despite the Royal Commission into Aboriginal Deaths in Custody recommending governments routinely adopt inquest recommendations and report on their implementation.

The NT government has stipulated that it decides which coronial recommendations to accept. The implementation of coronial recommendations in the NT has a sordid history.

In a climate of expanding police numbers and powers in the NT, with an additional 200 police being recruited to add to the already highest police ratio in the country, Aboriginal deaths in custody will continue to happen. This was the clarion call of the royal commission: more police and police powers will result in more deaths in custody.

Walker’s is one of the 598 deaths since the royal commission, and the brutal circumstances of his death show little has changed. The coronial recommendations fall short of calling for the structural overhaul demanded by Aboriginal families and advocates, to eradicate police racial violence from the lives of Aboriginal people in the NT.

Thalia Anthony receives funding from the Australian Research Council.

Eddie Cubillo does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

– ref. Kumanjayi Walker inquest: racism and violence, but findings too little and too late – https://theconversation.com/kumanjayi-walker-inquest-racism-and-violence-but-findings-too-little-and-too-late-257636