'It's not right': vision shows resident questioning police guns moments before shooting

The court also heard from a firearms instructor and a forensic scientist as the case nears the end of its third week.

Zachary rolfe

Constable Zachary Rolfe leaves the Northern Territory Supreme Court. Source: NITV

A woman who questioned the presence of armed police in the remote NT community of Yuendumu moments before a teenager sustained fatal injuries has taken the witness stand in the murder trial of the officer who fired the weapon. 

Kumanjayi Walker died after he was shot three times by Constable Zachary Rolfe during a failed arrest attempt in November 2019.

Constable Rolfe has pleaded not guilty to the 19-year-old's murder, as well as alternative charges. 

Elizabeth Snape was visiting Yuendumu from Katherine on November 9 2019, and was known to the Warlpiri teenager as "Aunty".

In body-worn vision of the event, Ms Snape can be seen carrying her son as she addresses police.
"Why he's got a gun?" she asks, pointing to an officer who she alter testified was carrying a rifle. 

"We all carry guns," replied Constable Eberl, the officer wearing the body-worn camera. 

"Yeah but he's got it like aiming to shoot someone. It's not right," says Ms Snape.

"Nah he's not aiming to shoot anyone is he?" replies Constable Eberl.

"Somebody probably shouldn’t run at police with an axe," he adds, referring to the so-called 'axe incident' from several days prior.
In examination Thursday, prosecutor Sophie Callan SC asked Ms Snape why she called her daughter, then four, over to her during the exchange. 

"Because I could see all the police around, you know? [I] wanted her to come to me."

Constable Eberl later wrestled with Kumanjayi Walker in an attempt to arrest him, at which point he has shot by Constable Rolfe.

Rolfe's gunmanship examined

In other testimony today, a police sergeant testified that Constable Rolfe had achieved a 'perfect score' on a firearms test four months before the fatal shooting. 

Sergeant Lee Bauwens took to the witness stand again today to continue his questioning.

He described a training scenario in which officers had to fire both an AR-15 rifle and a Glock handgun. 

"So he got a perfect score?" asked Mr Edwardson. 

"Yes he did," replied Sgt Bauwens.

"In your experience was Mr Rolfe a good marksman?

"Yes, he was."

Sgt Bauwens was also asked about the nature of the deployment of the Immediate Response Team, comprised of the four officers who departed Alice Springs for Yuendumu. 

Testimony from several witnesses over the last three weeks has presented differing accounts of what was considered the mission of the IRT members

"That was a general duties deployment [to Yuendumu], although they were all members of the IRT?

"In other words, it was not a high-risk deployment?" asked defence barrister David Edwardson QC.

"It wasn’t categorised as a high-risk deployment," confirmed Sgt Bauwens. 

"But there is a difference, is there not, between a high-risk deployment, and a high-risk offender?"

"Yes there is."
Lee bauwens
Sergeant Lee Bauwens continued his testimony in court today. Source: NITV
Sgt Bauwens said, in light of the 'axe incident', he considered Kumanjayi Walker a 'high risk offender'.

Under further questioning by Mr Edwardson, Sgt Bauwens testified that IRT officers are allowed to act beyond their cordon and contain operating capabilities, and enact an “Immediate Emergency Action” if there is a real apparent risk to life.

"The IRT are trained and authorised to expediently enter the house, conduct close quarter tactics in an effort to locate the offender, and apprehend the offender and save the life of the person had their life been in danger."

The defence asked how the rule would apply in a siege situation.

“We can only respond to an incident, we cannot plan to go in on our accord. We have to wait for an emergency to develop," answered Sgt Bauwens. 

The jury were also presented with testimony from a forensic chemist with the Australian Federal Police, who examined the t-shirt Constable Rolfe was wearing when Kumanjayi Walker struck him with a pair of scissors. 

Timothy Simpson described the methods he used to recreate the attack, including placing pork belly underneath the t-shirt.
Timothy simpson
Mr Simpson provided expert testimony as a forensic chemist. Source: NITV
By stabbing the shirt with 'moderate force', Mr Simpson concluded the scissors must’ve been open to cause the injuries they did.

He excluded the blunter blade, saying it caused ”firm compression of the fabric but no penetration”.

Mr Simpson said the pointier blade penetrated both the garment and the pork belly.

Under cross examination Mr Simpson admitted he didn’t measure how far the blade went in.

"Do you have any recollection of the depth that you managed to achieve with these scissors, into the pork?" asked Mr Edwardson.  

"From recollection... it went about three quarters of the way in. Not all the way to the hinge, but the majority of the blade.”

The trial continues tomorrow.

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By Dan Butler, Michael Park
Source: NITV News


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