• Northern Territory Police Constable Zachary Rolfe reacts as he leaves the High Court of Australia in Canberra, Friday, September 10, 2021. (AAP Image/Lukas Coch)Source: AAP Image/Lukas Coch
The trial has been delayed yet again as the High Court decides whether to allow the defence to present an immunity clause, used to argue officers acted "in good faith".
Source:
AAP
10 Sep 2021 - 5:59 PM  UPDATED 10 Sep 2021 - 5:59 PM

Policeman Zachary Rolfe's murder trial over the outback shooting of an Indigenous man will be delayed again as Australia's highest court decides whether to allow a key tenet of his defence.

The constable is charged with the murder of 19-year-old Kumanjayi Walker, shot three times in the remote Northern Territory community of Yuendumu in November 2019.

The High Court on Friday agreed to consider a prosecution challenge to Rolfe's legal team relying on an immunity clause contained in the territory's Police Administration Act.

This clause provides a protection for officers from civil and criminal prosecution for certain actions if performed in good faith during the exercise of police power.

Its interpretation is central to Rolfe's pending trial in the NT Supreme Court, with Philip Strickland SC fearing it could culminate in an "incorrect" acquittal by the jury.

His trial was previously pushed back from August just an hour before the already twice-delayed proceedings were slated to begin because the High Court granted a stay over the issue.

Kumanjayi Walker's family welcome High Court stay on murder trial
Less than an hour before the trial was set to go ahead, the High Court ruled in favour of the prosecutions stay application.