NT Police Constable Zachary Rolfe’s defence team will be permitted to argue that he should not be held criminally liable for the shooting death of Yuendumu man Kumanjayi Walker because he was acting in “good faith” in his role as a police officer, a decision by the full bench of the NT Supreme Court has determined.

Rolfe’s trial is set to start on Wednesday after delays, where he has indicated he intends to plead not guilty to the charge of murder stemming from the shooting in Yuendumu in November 2019.

His lawyers had sought a decision from the bench on three legal arguments they previously said they would run as potential defences, including that he was acting in “good faith” as stipulated in the NT Police Administration Act; that his actions were part of the “reasonable performance of duty” in the Act; and that he was acting in self-defence.

The Act contains provisions for police officers to claim immunity from charges if they were performing their duty in “good faith”.

Acting Justice Dean Mildren referred the legal questions for a decision from the five judges on the full bench as to whether those defences could be considered by the jury when the trial begins. They determined in a decision handed down on Friday that the jury could consider them during the trial.

The judges concluded that whether Rolfe was acting in the performance of his duty was “a question of fact for the jury to determine after they have heard all the evidence”.

Rolfe is charged with murder, with additional charges of manslaughter and engaging in a violent act causing death.

The trial begins on Wednesday and is expected to go for three weeks.