The murder trial of NT Police officer Zachary Rolfe has been delayed after prosecutors were successful in their High Court action to delay the case at the last minute this morning.

The highly-anticipated trial was to begin today, however an hour before it was set to start, High Court Justice Jacqueline Gleeson ruled the case was “exceptional” and granted the stay until a special leave application could be assessed in September.

Rolfe is charged with the alleged shooting death of Yuendumu man Kumanjayi Walker in November 2019. He has pleaded not guilty.

Prosecutors had sought the stay to appeal the NT Supreme Court decision that allowed Rolfe’s legal team to use a defence of “good faith” immunity, that centered around the claim he was acting in his capacity as a police officer when the shooting occurred.

“It is a matter of the gravest community concern,” Justice Gleeson said in her decision to grant the stay of proceedings.

“It is exceptional … in that it concerns a charge of murder against a police officer arising out of the fatal shooting of a young Aboriginal man, ostensibly in the exercise of the officer’s duties.”

Justice Gleeson noted that there would be an injustice if there was an acquittal on the basis of a wrong legal construction.

“On the Crown’s case, if the Full Court is correct, the respondent may avoid criminal liability without consideration as to whether the use of force comprising firing the second and third gunshots was reasonable in the circumstances,” she said.

Rolfe is also facing charges of reckless or negligent conduct causing death and engaging in a violent act causing death.

The NT Supreme Court had ruled Rolfe could use three separate defences at his trial, including the “good faith” defence.

Prosecutors needed to seek special leave to challenge that ruling.

The special leave application will be considered by the High Court on September 10. If that motion is rejected the trial could go ahead later this year.

The case has now been postponed indefinitely with no new trial date set.