Police Commissioner Jamie Chalker and other executives gave instructions for Constable Zach Rolfe to be charged in Darwin if any charges were to proceed, police notes show, marking the fifth instance of documented evidence showing the top cop’s involvement across all four days following the Yuendumu shooting and further contradicting Mr Chalker’s claim he was not involved in the process to charge.
The notes of the direction to charge Constable Rolfe in Darwin, follow on from three other detectives diary notes being reveled by the NT Independent, that how hands-on the Police Commissioner was following the shooting death of Kumanjayi Walker on Saturday November 9, 2019 and the subsequent arrest and charging of Constable Rolfe late on the afternoon Wednesday November 13.
Constable Rolfe was found not guilty of murder, and two alternative charges of manslaughter and engaging in a violent act causing death, by a Supreme Court jury on March 11, after an almost five-week trial.
Allegations of improper conduct relating to the procedures in the four days following the death, including the arrest and charge, are currently the subject of an investigation by the Officer for the Independent Commissioner Against Corruption.
Detective Sergeant Isobel Cummins references Mr Chalker as being behind a decision to arrest Constable Rolfe in Darwin, if charges were to go ahead, in notes in her police diary from an 11.40am meeting on the Tuesday, with Acting Commander Martin Dole, the officer in charge of the investigation Detective Superintendent Kirk Pennuto, and Detective Senior Sergeant Mark Malogorski, where they asked her to compile a brief of evidence for the Director of Public Prosecutions for 3pm the next day.
The deadline for the brief had been set on the Monday for close of business on the Wednesday after then-Director of Public Prosecutions Jack Karczewski had been shown the police officers’ body-worn footage from the shooting early that afternoon. On the Tuesday it was inexplicably brought forward to 3pm, before being brought forward again the next morning to 1pm. None of the diary notes written by the five investigating detectives seen by the NT Independent explain those deadline changes.
“In their opinion if he (Rolfe) was not a police officer, he would be in the cells now,” Cummins wrote in her police diary.
“From commissioner / deputy + AC – processing in Darwin if charges are to proceed.
“Issues with remaining in Alice Springs for processing.”
Mr Chalker told the media the investigation was done at “arm’s length”, at his first press conference where he answered questions following the verdict, held on March 23.
He also said that he had never been involved in a meeting where the charges were discussed. He was asked, on the basis of some of the concerns outlined in the police notes, why Constable Rolfe was charged so quickly.
“I can’t give you an answer to that because I wasn’t involved in that,” he said.
“I’ve remained at arms-length from the investigation for the whole period of time,” he said. “The matter to charge (Constable Rolfe) was a matter for the investigation team and the DPP. I was as shocked as anybody…”
NT Police did not respond to the NT Independent’s questions at the time, but media manager Rob Cross told other media the Police Commissioner had no involvement in the process of the charge and decision to arrest, however that has been called into questions following the recent revelations contained in the investigators’ reports.
After the ICAC investigation was announced last week, NT Police issued a statement saying it would not make any further comment about the matter.
Other detectives notes show Police Commissioner’s involvement every day following shooting
SUNDAY: The Police Commissioner’s involvement began on the Sunday, the day after Mr Walker was killed – and the day before the now-top cop was sworn into his new role – detectives notes show.
Det Supt Pennuto noted that at 2.03pm on the Sunday, NT Police media manager Rob Cross wrote a media release that was approved by Mr Chalker.
“Rob Cross – media release approved by COP (Commissioner Of Police) but still drafting internal broadcast,” he wrote.
MONDAY: The ICAC Inspector’s annual report showed that on the Monday, at an unspecified time, Mr Chalker referred the matter to the ICAC for “suspected improper conduct” on the part of Constable Rolfe, amid a push by the police brass to pursue charges.
This was despite concerns by detectives that the matter was being rushed before all evidence “was available to make a considered opinion”.
Mr Chalker’s referral was made under the ICAC Act, which mandates public officials to report suspected improper conduct or misconduct. However, ICAC reporting guidelines for public servants specifically state that there must be a “reasonable” suspicion backed up with “one fact or more upon which your suspicion is based”.
On the same day Mr Chalker referred Constable Rolfe to the ICAC, unidentified people in the police executive were pressuring detectives to show body worn video footage of the incident to the DPP for possible charges, according to diary notes by detectives investigating the shooting.
TUESDAY: Det Sgt Cummins’ notes show Mr Chalker had ordered a Darwin arrest if it came to that on the Tuesday, the same day Mr Chalker had also flown on a private plane with Chief Minister Michael Gunner and Police Minister Nicole Manison to Yuendumu, where Mr Gunner gave his now infamous speech, telling residents “consequence will flow” in reference to a coronial inquiry into Mr Walker’s death.
WEDNESDAY: Other diary notes written by Detective Senior Sergeant Mark Malagorksi stated Mr Chalker had met with Det Supt Pennuto on Wednesday morning for further planning for the investigation, where they discussed taking a brief of evidence to the DPP.
“Intent of the (police) executive appears to be to take a ‘package’ to the DPP,” he wrote in his notes.
On the Wednesday afternoon, Det Supt Pennuto along with Acting Deputy Michael White and Assistant Commissioner Nick Anticich, and Acting Commander Martin Dole, presented the DPP with the ‘mini brief’ of evidence in a 90-minute meeting from which, the detective’s notes show, Mr Karczewski and deputy DPP Matthew Nathan recommended a murder charge.
The brief was being referred to by detectives as the ‘mini brief’ or the ‘short brief’, because they had not finished investigating, and had included the caveat that it was incomplete.
After that meeting, Det Supt Pennuto notes he returned to the NAB building NT Police executive headquarters in the city, and the lead detective noted that he spent time waiting in the foyer on level six while Mr Chalker met with Mr White and other police executives in Mr White’s office.
The detective’s notes show that Mr Chalker’s meeting began at 3:34pm.
The police diary notes from November 2019, show at least five detectives investigating raised concerns about what they called the highly unusual involvement of the DPP before an investigation was finished, the speed at which the charges were being considered, and the handing over of an unfinished brief of evidence as the basis for a decision on potential charges.
Just minutes after Mr Chalker left that executive meeting, other senior police, Mr White, Mr Anticich, Deputy Commissioner Michael Murphy, Superintendent Kennedy and Comdr Dole, discussed whether they would arrest Constable Rolfe.
They told Mr Cross, who was in the meeting, to craft a media strategy around the call to arrest Constable Rolfe, with “one consistent message” for the public: that Mr Anticich was the man who confirmed the directive to arrest and charge, Det Supt Pennuto’s notes revealed. Police announced Mr Anticich’s retirement last June, shortly before the original trial date.
Roughly 90 minutes after Mr Chalker’s meeting with executives, then-Detective Senior Sergeant Mark Grieve noted in his diary the decision for the arrest and murder charge came from the “top level of police” before specifically mentioning the Police Commissioner.
“5.03pm update from Pennuto – arrest of Rolfe. Murder. Couldn’t go into detail however director/deputy director provided Prima Facie case of murder based on 2/3 shots,” he wrote.
”Decision or direction for action received from top level of police i.e. executive / COP (Commissioner of Police).”
Mr Chalker has not provided comment on the mounting evidence revealed over the last week that contradicts his public claims that he was not involved in the process to charge Constable Rolfe.
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