NT judge's delivery of Kumanjayi Walker death findings made a farce of her position and Australia's rule of law
Multiple news stories this week were a painful reminder of this fact of life.
On Monday, there was Hobart City Council, which knocked back calls for Acknowledgement of Country speeches to be made optional on meeting agendas.
Then, as Sky News Darwin Bureau Chief Matt Cunningham exclusively reported on Wednesday, a case that has gripped the Northern Territory for the past six years took an alarming turn.
Ex-NT police officer Zachary Rolfe has now officially lodged a complaint over the politicised and quite frankly bizarre conduct of the coroner who presided over the inquest into the death of Indigenous teenager Kumanjayi Walker.
The 19-year-old was shot dead by Mr Rolfe in Yuendumu in 2019 in a case that understandably generated a great deal of anger in a town where the vast majority of the population is of Aboriginal descent.
In March 2022 Mr Rolfe was found not guilty of Mr Walker's murder, sparking an historic and extraordinary inquest that concluded this month.
It found the officer was 'racist' and 'worked in and benefitted from an organisation with the hallmarks of racism'.
Those are the words Judge Elisabeth Armitage read out in the verbal summary of her 618-page report, based largely on evidence provided by Mr Rolfe himself that racist language is 'normalised' within the force.
The inquest heard that officers in some of the highest-ranking roles in the force invented a 'c**n of the year' award to give to officers who demonstrated 'the most c**n-like behaviour'.
There is no doubt the NT Police force has a big problem with institutional racism that is worsening tensions in the territory.
These significant issues must be dealt with immediately.
However, that is not an excuse for Judge Armitage, an unelected public servant bound to impartiality, to turn the delivery of her findings into a political circus that will make the territory's febrile social status quo even more unstable.
Her decision to accept an invitation from the local community to attend and read the summary out in emotionally-charged Yuendumu rather than the neutral surroundings of a courthouse was a plainly political act unbefitting of her office.
Her speech was the culmination of a three-year coronial inquest whose cost has blown out to at least $7.4 million.
For context, the average cost of holding an inquest in the NT during 2024-25 was just $6,120.
Undoubtedly most shocking of all was the backdrop of her quasi-political speech: outside the studios of an Indigenous radio station, in front of the banner of an activist group that called for Mr Rolfe to face extra-judicial punishment that included tribal spearing.
Neither Judge Armitage, nor any of the public servants or radio staff in attendance at PAW Media, made any effort to remove the banner, which was put up on a railing as she started to deliver her findings.
The vision of Judge Armitage delivering her speech in front of the flag of Karrinjala Muwajarri, which has called for Mr Rolfe to be subjected to 'customary lore', is hard to believe.
The coroner must act, without fear or favour, in the exercise of their functions, which include determining the identity of the deceased and the way in which they died.
Under that same remit, they also have the power to recommend proceedings to a criminal court.
A role such as this demands impartiality, which whether directly or indirectly - in my view - this coroner has failed to fulfil.
No wonder the police officer has lodged an official complaint about her handling of the inquest.
The social cohesion crisis that has taken over the territory in recent years is so severe it has sparked a series of night curfews, a change in government and a raft of tougher laws for violent young offenders.
In this environment, a public servant delivering her findings as she did drives a wedge even further into the NT's racial divide and does very little to advance the causes of Indigenous Australians.
It is a time that demands a diplomatic approach from authorities – one that puts community order ahead of political goals.
Charlie manages a team of commentators who contribute opinion content for SkyNews.com.au and is based at our Sydney bureau. He also works with Sky News' on-air hosts and reporters to make sure their exclusives and analysis feature prominently on the homepage.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
West Australian
2 hours ago
- West Australian
‘Do not have an alternative': Police flag major change to protest as thousands flood Sydney's Harbour Bridge
Stunning footage shows the scale of protesters flooding the Sydney Harbour Bridge as part of an enormous pro-Palestine demonstration. The number of protesters is estimated to exceed 25,000, with the packed crowd streaming across the landmark after the Supreme Court rejected a bid to block the anti-war protest. A number of famous faces joined in the protest, including former NSW Labor titan and former foreign affairs minister Bob Carr, soccer icon Craig Foster and Julian Assange. Boxer Anthony Mundine and journalist Antoinette Lattouf were also spotted in the crowd. There were eerie scenes ahead of the march with the landmark shut down completely. The bridge has been closed in both directions — with traffic diverted through the harbour tunnel — with authorities warning they will crack down on unlawful and anti-social behaviour ahead of the planned march. Protesters started crossing the bridge about 2pm, chanting 'free, free Palestine' and waving placards. On Sunday afternoon, police said the bridge would remain closed for longer than originally planned to let protesters cross back over the bridge after the march. Acting Assistant Commissioner Adam Johnson said protesters would now be able to turn around, facilitated by specialist tactical police. 'People who travelled from Sydney's northern suburbs can leave the group, and North Sydney Train Station will remain open and operating as originally intended, but due to the risk of a potential crowd crush scenario at the train station, we will now provide the third option of allowing protesters to walk back across the Bridge and disperse in the CBD. 'This means the Bridge will remain closed for a longer period than originally planned, until the operation concludes.' He urged all involved to obey directions from police. 'We do not have an alternative,' Mr Johnson said. Separately, another pro-Palestine protest formed outside Melbourne's State Library, with organisers walking to the King Street Bridge in solidarity with the Harbour Bridge demonstration. The Melbourne protesters reached a police barrier ahead of the bridge. Officers in riot gear blocked the protesters from crossing the bridge, where the protesters themselves were planning to engage a blockade. Greens senator Mehreen Faruqi will speak at the Sydney rally. Mr Foster, an ex-Socceroos captain, will also speak, as will journalist Antony Loewenstein, actor Meyne Wyatt, writer Randa Abdel-Fattah, the Maritime Union's Paul Keating, activist Tania Safi and Amnesty International's Mohammed Duar. Thousands of demonstrators have gathered to protest the ongoing devastation in Gaza by walking across the landmark bridge Sydney Lord Mayor Clover Moore also lent her support to the protesters saying: 'Discomfort from traffic can't be compared to what's happening in Gaza'. Jewish Council of Australia Executive Officer Sarah Schwartz backed the protest saying the marchers were 'crying out for moral leadership'. 'It is a time for all of us, including those in positions of power, to do everything they can to halt an active genocide and stand with the people of Gaza.' Executive Council of Australian Jewry co-chief executive Alex Ryvchin, however, said there was 'a lot of dismay' in the Jewish community over the march. 'We take comfort knowing that the vast majority of Australians want no part of this,' he said. 'We continue to pray for the starved and tortured hostages still held in Gaza, whose fate is ignored or belittled by the protesters.' The rain bucketed down, but the organisers pushed through with the march. 'We're gathering in Lang Park now to march across the Harbour Bridge, already there are hundreds of people and we're expecting thousands more,' one of the organisers said in a video on social media. 'Don't let the rain put you off, come along, we're going to start the rally at 1pm and then march across the bridge in our thousands. Be here.' Advice from Sydney's Transport Management Centre said the bridge was now closed in both directions, with travellers advised to avoid the CBD. 'Those who must travel should allow plenty of extra travel time and consider alternative routes such as the Gladesville Bridge and Victoria Road,' the advice read. 'Traffic will be very heavy on the surrounding road network throughout the day, with extensive queuing expected in the Sydney Harbour Tunnel, Western Distributor, Anzac Bridge and Rozelle Interchange.' Hundreds of officers will be deployed to the demonstration, with NSW Police warning that 'unlawful behaviour' will not be tolerated. Central Metropolitan Region Commander, Acting Assistant Commissioner Adam Johnson said the deployment was for the safety of the community. 'The first and upmost priority for NSW Police is always the safety of those protesting, other members of the public who may be impacted by the protest, and the officers involved in the operation,' Mr Johnson said. 'Police will have a high-visibility presence at the operation today and will work with participants to ensure there are no breaches of the peace. Conditions are expected to be wet for the rally, with the Bureau of Meteorology predicting 10 to 35mm of rain on Sunday, but organisers claim as many as 50,000 people could take part. Protesters will gather at Lang Park in the Sydney CBD at 1pm before marching across the bridge. Beginning at York and Grosvenor streets at 1.30pm, protesters will then file onto the bridge before finishing on the northern side of the bridge at Bradfield Park, according to rally organisers the Palestine Action Group. The march is expected to last three hours. Federal Opposition Leader Sussan Ley said on the ABC that the protest 'doesn't sound peaceful' and questioned why a major route was being shut down. 'I respect the right of free speech and protest, but this is taking it to another level,' Ms Ley said. 'We don't need to shut down something as important as the Harbour Bridge and there is work being done on the Metro as well, so this is going to be incredibly chaotic for Sydneysiders today. Minister for Indigenous Australians Malarndirri McCarthy urged attendees to 'protest peacefully' and to look out for others. 'It is going to be a significant day down in Sydney today and with the court decision that came through yesterday, I believe, but I would just encourage people to protest peacefully,' she said. Traffic on the bridge will be closed from 11.30am and is expected to be reopened by 4pm. Residents and motorists are being urged to avoid the area having been warned of significant disruptions. Bus services will terminate in the CBD on the south side of the bridge and at North Sydney and St Leonards on the northern side. Transport for NSW Executive Director Operations Management Craig Moran asked drivers and commuters to avoid the CBD during the protest. 'The closure will not only impact the Sydney Harbour Bridge, but will have a flow on effect throughout the public transport and road network,' Mr Moran said. 'There will be significant delays and disruption so if you must travel, allow plenty of additional journey time, particularly for any critical travel, such as going to the Airport. Trains will be running across the Harbour Bridge during the march, but delays are expected given the number of people predicted to be streaming into the city. Transport for NSW says that 'extensive' queues are expected at the entrance to the Sydney Harbour Tunnel, with a flow-on effect expected for the rest of the traffic network. Motorists are being urged to consider alternative routes and allow plenty of extra time, including going from the northern beaches and north shore to the airport. The Metro service will not in operation between Tallawong and Sydenham on Sunday due to trackwork. Buses will replace Metro services between Tallawong and Chatswood. Palestine Action Group organiser Josh Lees, who has been the public face of the group's push to hold the historic march across the bridge, hailed a NSW Supreme Court decision on Saturday as a 'huge victory for the Palestine movement in this country' Premier Chris Minns had publicly expressed his opposition to the march. And the NSW Police made an application to the NSW Supreme Court to block the protesters being issued with a Form 1, which affords protesters protection from anti-assembly laws However Justice Belinda Rigg refused the Commissioner's application. 'The fact the proposed assembly is likely to cause significant inconvenience to residents … is far from determinative,' Justice Rigg said in her judgment. 'If matters such as this were to be determinative, no assembly involving inconvenience to others would be permitted.' The Palestinian Action Group said in a social media post: 'Tomorrow we are going to make history! 'We will hold a massive march over the Sydney Harbour Bridge, dedicated to using our people power to stop the genocide in Gaza. 'We are working with police and NSW transport to ensure a safe, family-friendly event for everyone.'
Sky News AU
8 hours ago
- Sky News AU
Albanese unveils Indigenous economic plan at Garma Festival
Prime Minister Anthony Albanese has returned to the Garma Festival in Arnhem Land in the Northern Territory, announcing a new partnership to drive economic development in Indigenous communities. The festival is a place for song, dance, and culture, but also a place for the serious business of Indigenous politics. On his fourth trip to Garma since taking office, Mr Albanese announced a new economic partnership with the Coalition of Peak Indigenous Organisations. 'This builds on our commitment to the Closing the Gap agreement, to its call for a new way of doing business and to the principle of shared decision making,' Mr Albanese said.
West Australian
10 hours ago
- West Australian
'Third world conditions' in packed Top End watch houses
Detainees crammed into cells, unable to shower or brush their teeth for days on end and denied toilet privacy. Legal advocates say an overcrowding crisis in Northern Territory prisons and watch houses is prompting constant lockdowns and making it unsafe for detainees denied basic human rights and forced to accept "third world conditions". It's claimed Aboriginal children as young as 11 have been held at Palmerston Watch House, south of Darwin, and that cells there have at times been jammed with up to 17 people, with frequent cases of self harm occurring. Detainees report having to use toilets in front of others, make do with limited sanitary products, sleep under bloodied blankets and go without medication for epilepsy and other conditions. The NT police union is concerned watch house conditions are making it dangerous for both officers and detainees. Territory barrister Lyma Nguyen says the "appalling" situation reflects a justice system that appears to be breaking down. The Country Liberal Party government has been pushing through a tough-on-crime agenda, including harsher bail conditions designed to send more people to the cells to await court cases. It is unapologetic about favouring victims over offenders and has been rolling out hundreds more beds in prisons and hiring more guards to cope with the influx. But until prison capacity catches up, watch houses are often crammed and lockdowns are constant, largely due to lack of staff. "I defend many people in criminal cases who are arrested and held at watch houses over weekends before they are brought to court to see a judge," Ms Nguyen tells AAP. Some clients then find out in court on a Monday their paperwork is not ready or there are too many cases to hear that day so they are sent back to the watch house, she says. "So people are held in custody for longer than necessary in really appalling conditions; I'm told there are often 17 people to a cell." Ms Nguyen says one of her clients was in Palmerston Watch House for five days without an opportunity to shower or brush his teeth despite his family bringing him fresh clothes and supplies. The circumstances are arguably worse than in some prisons in Third World countries, she says, suggesting United Nations scrutiny of the issue is needed. Her clients who have spent time behind bars in Indonesia and elsewhere in Asia have reinforced this. Constant lockdowns mean lawyers are often barred from seeing clients, a breach of the international right to representation, Ms Nguyen says. "This would not happen in the bigger states, especially states that have a bill of human rights", she adds. NT Opposition Leader Selena Uibo says comments by the police association and Aboriginal justice agency make it clear Palmerston Watch House is unsafe for officers and those held there. A request for Labor MPs to visit the facility has yet to be granted, she says. "I understand police have changed their shifts and changed the way they look after the Palmerston Watch House so they can deal and cope with that extra pressure," Ms Uibo recently told reporters. NT Police Association president Nathan Finn agrees the facility has reached "crisis point", putting officers, prisoners and the broader community at "unacceptable risk". "The CLP government has made repeated promises to stop using police facilities for correctional purposes, yet the Palmerston Watch House is now overflowing," he says. "It's not a matter of if but when a serious custody incident occurs. "This government continues to beat its chest about locking up more offenders but it has utterly failed to plan for the consequences of its own policies." Mr Finn says police are exhausted, burnt out and being called in on overtime just to maintain basic safety. The North Australian Aboriginal Justice Agency recently highlighted the case of an 11-year-old girl held at Palmerston with "adults in surrounding cells screaming, yelling". The agency described that as a "breach of human rights" when children taken into custody should be transferred to a youth detention centre as soon as possible under court order. Police data recently released to the ABC under freedom of information laws show 19 cases of children self-harming over six months at watch houses in Palmerston, Tennant Creek, Alice Springs and Katherine. The youngest of the teens to self-harm was 13, while there were five cases featuring 14-year-olds and all but one matter involved an Indigenous teen. NT Chief Minister Lia Finocchiaro, who is also police minister, stands by authorities using watch houses to process youths taken into custody. She's told ABC Radio they employ "a lot of oversight and controls and policies and procedures" and she considers them "very safe places". The territory's police force similarly says they are managed within a strict framework that provides guidance on the care and treatment of persons in custody. "The primary consideration in relation to people in police custody is the safety and welfare of the individual," it says. Corrections Minister Gerard Maley has acknowledged the pressures at Palmerston but says his department is working as quickly as possible to get more beds online. He says the government is also easing the load on police and corrections officers by contracting private service provider G4S to take on prisoner transport and custody services.
