Tarnished Brass VIII: Police pursued Rolfe murder charge against DPP witness advice

Tarnished Brass VIII: Police pursued Rolfe murder charge against DPP witness advice

by | Apr 11, 2023 | News | 2 comments

Jamie Chalker’s time as Police Commissioner has been defined by the aftermath of Kumanjayi Walker’s shooting death which raised serious questions about his integrity, including the hiding of key evidence in the Constable Zach Rolfe murder trial and questions of the integrity and morale of the force under his leadership.

In the wake of Mr Chalker’s yet-to-be-explained disappearance, this series examines his chaotic reign as top cop, bringing together all the failings, the lies, the alleged conspiracies, and mystifying public utterances.

Today, we look at damning coronial report Mr Chalker attempted to hide from the public that showed detectives ignored DPP advice over a star witness in the Rolfe murder trial, how the top cop claimed he was popular again, and a letter from an officer’s daughter saying NT Police management ignored his multiple suicide attempts.

READ: Tarnished Brass: Police Commissioner Jamie Chalker’s career saved from a housing wreck

READ: Tarnished Brass II: ‘An erosion of trust, respect, integrity, and the lack of compassion…’

READ: Tarnished Brass III: Rolfe not guilty and where is the Pollock report into the death of Kumanjayi Walker?

READ: Tarnished Brass IV: Jamie Chalker’s appointment came with cloud of suspicion, allegations of corruption

READ: Tarnished Brass V: ICAC announces investigation into Rolfe murder charge

READ: Tarnished Brass VI: Vote of no confidence in Police Commissioner Jamie Chalker

READ: Tarnished Brass VII: Chalker’s attempts to raid NT Independent, also have it found in contempt of court

READ: Tarnished Brass IX: Handling of Constable Rolfe criminal investigation referred to federal authorities

Wednesday, November 23, 2022

‘Most biased investigation’: Former coronial investigator says NT Police’s handling of Rolfe investigation compromised

The senior investigator in charge of the coronial investigation into Constable Zach Rolfe’s fatal shooting of Kumanjayi Walker in Yuendumu told the coronial inquest into the death that the NT Police’s criminal investigation was the most biased investigation against a suspect he had seen in his long and distinguished career with the NT Police force.

Retired former superintendent Scott Pollock provided evidence at the ongoing coronial inquest stating that not only was the criminal investigation biased against Constable Rolfe, but that raising his concerns about it took a toll on his health and led to his early retirement.

The inquest earlier in the week heard that former superintendent and initial coronial investigator Scott Pollock had raised a number of concerns about the police’s criminal investigation being biased against Constable Rolfe, including that “critical evidence” had not been provided to key witnesses, that other witnesses may have provided statements to be used in the criminal investigation that they thought were for the coronial investigation, that Constable Rolfe’s training could not be established and that the the police’s use-of-force expert was not qualified.

In September, the NT Independent had revealed that parts of one of Mr Pollock’s draft coronial reports found that police investigators forced witnesses to provide statements for the criminal investigation with threats of disciplinary action if they didn’t participate, found the crown’s use-of-force witness Sergeant Andrew Barram was biased and didn’t understand use-of-force laws, and also found that a supposedly independent report prepared by an American use-of-force “expert” had been “edited” at the request of investigators.

Mr Pollock told the inquest that Sgt Barram and others had not been given all the evidence before their reports were finalised.

“Some of that information that they hadn’t been given, was critically important, in my view, to the assessment of whether Constable Rolfe’s deadly use of force was appropriate or inappropriate,” he said.

Mr Pollock told the inquest he and his investigative team could not identify who at the police college had trained Constable Rolfe in the use of force and that he suspected Constable Rolfe had not received the training that Mr Barram had claimed in his evidence.

“We couldn’t even identify the person who was scheduled to deliver the training,” he said.

He had also raised concerns that Constable Rolfe’s partner Adam Eberl may have been cut as well by Mr Walker in the scuffle that ensued during the failed arrest that led to Mr Walker being shot three times by Constable Rolfe. Mr Walker had stabbed Rolfe in the shoulder with a pair of surgical scissors.

Mr Pollock said he felt a duty to report his concerns about the flawed investigation because he was worried if he didn’t, Constable Rolfe may have been convicted of murder with the potential for a retrial and a miscarriage of justice.

Thursday, November 24, 2022

Police attrition rate at 10 per cent union says, blames government, but not Police Commissioner

The NT Independent reported the number of full-time equivalent police officer positions had dropped by 35, the NT Police annual report showed, which the union has labelled “astonishing” but offered no criticism of the Police Commissioner for the attrition rate more than doubling and despite a critical vote of no confidence in him by members.

The report, tabled in Parliament, showed there were 1607.50 FTE police officer positions in the 2021-22 financial year, against 1641.88 in the 2020-21 financial year – a difference of 34.38 – and1595.15 in the 2020-19 financial year.

Jamie Chalker told Budget Estimates in June that there were 1669 sworn officers in the NT Police force at the end of March.

NTPA senior vice president Lisa Bayliss said in a statement that “astonishingly” police numbers had declined, which she said should raise red flags for the Fyles Government around the recruitment and retention of police officers in the NT.

According to NTPA calculations, the attrition rate for the 2020-21 financial year had nearly doubled to 8.51 per cent, up from 4.53 per cent in the 2019-20 financial year, and 4.66 per cent the year before: A more than doubling of the attrition rate under Mr Chalker

Ms Bayliss said the latest annual report showed it had jumped to 10.65 per cent in the most recent financial year. Based on previous NT Independent calculations, it meant on average an officer was leaving the force about every two days.

Friday, November 25, 2022

Top cops deleted recordings of Rolfe investigation meetings, shut down coronial probe due to facts; inquest hears

Former NT Polilce commander David Proctor told the Kumanjayi Walker coronial inquest former assistant commissioner Nick Anticich shut down the coronial investigation into the death of Mr Walker because its findings conflicted with the criminal investigation into Constable Zach Rolfe.

He also said senior police figures deleted recordings of high-level meetings that involved discussion of criminal and coronial investigations into Constable Rolfe’s actions the night he fatally shot Mr Walker in Yuendumu.

The retired commander, who assumed the role of officer in charge of the coronial investigation in November 2020 following Mr Pollock’s removal, told the inquest both he and Mr Pollock had raised issues under the heading of “investigative bias expert witness” in their coronial report “that we were unable to resolve” involving the police’s use-of-force expert at the murder trial Sergeant Andrew Barram who the investigators were concerned did not understand current training procedures and had perceived conflicts.

Mr Proctor also revealed that the “racist” text messages exchanged between Alice Springs police members in 2019 were sent to the NT Police’s internal disciplinary body in November 2020 but that no action had been taken to reprimand anyone for the messages.

Under questioning from Constable Rolfe’s lawyer Luke Officer, Mr Proctor was asked about minutes from a meeting of the joint management committee overseeing the criminal and coronial investigations in which the chair of that committee Mr Anticich suspended the coronial investigation in November 2020.

“DP, I assume that’s you,” Mr Officer said to Mr Proctor, “‘questioned whether this means all evidence will not be provided to the court, but rather information that fits the prosecution. Nick Anticich noted that investigators do not agree with SP’s report and recommendations’.”

Mr Proctor agreed that Mr Anticich did not like Mr Pollock’s findings.

The minutes appear to show that Mr Proctor and Mr Pollock disagreed with Mr Anticich about suspending the investigation and were concerned that the criminal investigation presented “risks” to the NT Police force.

“If we came across this information and did not provide it to either the Assistant Commissioner for them to – for [Crime Command] to then discuss with the DPP – then that placed the organisation in a significant risk, and us in a significant risk,” he said.

“And given that we were acting and investigating on behalf of the Coroner, it also placed the Coroner’s office at significant risk. And as I say there, it was not a risk that I was willing to take.

“We were investigating on behalf of the Coroner. And in accordance with the Coroners Act, and – and I didn’t believe we were undermining the investigation, or doing any of those things. We were just doing due diligence.”

Saturday, November 26, 2022

Editorial: Jamie Chalker’s victory lap premature as questions still linger at Inquest

The NT Independent write an editorial saying Jamie Chalker’s bold assertion that his personal popularity has lifted while the coronial investigation into the death of Yuendumu teen Kumanjayi Walker was still underway surely ranked among his most confusing, self-aggrandising, and delusional comments yet.

“Chalker has for months repeatedly said he would not comment on the inquest until it was over out of respect for the process, but when he saw the opportunity to self-promote at the expense of an inquiry into the death of an Indigenous man that is nowhere near finished, he jumped all over it to let everyone know that the inquest had finally provided ‘the truth’,” the NT Independent opined.

“Or at least ‘the truth’ as he sees it and in that way that only suits him.

“He said that racist text messages shared between officers in Alice Springs, including Constable Zach Rolfe, were “completely and utterly reprehensible”.

“And as a result of this coming to light, he was really popular with his members again, despite only three months ago being the subject of a historic vote of no confidence that would force a Police Commissioner in a normal, healthy jurisdiction to resign.

“It is like he has been licking toads. There is also sometimes an air of Trumpism about what he says, where it seems he forms his own reality that only he could come to on slanted facts, and then disastrously chooses to share that reality with his members and the public.

“…This commissioner has made a fool of himself with his own public comments before, but this is a whole new low.”

Thursday, December 1, 2022

‘Baffling’: Police Association calls Chalker out for comments about ongoing inquest

Northern Territory Police Association president Paul McCue described Jamie Chalker’s public comments about the Kumanjayi Walker coronial inquest as “completely inappropriate” and “baffling”.

Mr Chalker made a surprise appearance at the last day of the inquest for the year in Alice Springs, sitting in the grass outside court with members of Mr Walker’s family and telling the ABC that the “inquest is all about a search for the truth” and that “there’s been a fair bit of mischief in the past, this is the opportunity for that to come out”.

He refused to clarify the remarks when asked.

The NTPA called the comments “completely inappropriate” while the judicial process was still underway.

“The NTPA asks for everyone to respect the current inquest process underway into the death of Kumanjayi Walker,” Mr McCue said in a statement.

“As the inquest wraps up for this year, our membership is upset and baffled by public statements made by the Commissioner of Police regarding ‘a search for truth’ and ‘mischief in the past’ …

“These comments are completely inappropriate while judicial proceedings are underway.

Saturday, December 3, 2022

‘How is it fair that I wake every day to check if my father is still alive?’: A police officer’s daughter’s story

The daughter of a long serving NT Police officer said her father was forced into medical retirement because of trauma from his work, and after management ignored his multiple suicide attempts. She said senior police refused to help him with his mental health and have never provided therapy.

“I’ll pray you Mr (Jamie) Chalker realise how much of a failed system you have, and how you make families broken and stressed and suffer while you toot your own horn online,” she wrote.

“How is it fair that I wake every day to check if my father is still alive? It hurts.

“Next time NT Police will hear from me is when my father is no longer with us.

“…Many people have such strong opinions on police officers but don’t realise that it’s not just officers, it’s the people behind them also. Think of your family, your dad was serving in the police. It can be like a domino effect. He falls and you are there to catch him. You don’t want to let him fall.

“I don’t want to let my dad fall. But I only have someone small behind me who isn’t strong enough to catch me.

“So who will catch me if I fall?

“I don’t have any support, but I’m expected to support my father.

“Who is here for us? “What is my emotion about this? I have none anymore. I’ve lost faith in the world, in humanity.”

Friday, January 20, 2023

Police top brass intimidate Action for Alice Facebook page for providing public info on sexual assault

The administrator of the Action for Alice Facebook page was told by Assistant Police Commissioner Martin Dole that he may have committed a crime for publishing information about an indecent assault in the middle of the afternoon in Alice, but the senior police officer may have breached the criminal code himself by sending the text, a former senior police officer said.

Darren Clark posted about an alleged indecent assault that occurred in Alice Springs on a Monday afternoon, which NT Police confirmed in a media release on the Wednesday.

“Not Confirmed. Sexual assault at Katie’s. 2×13 year olds,” the original post said. “Not confirmed. Reports of a lady that has been sexually assaulted at katies store by x2 roughly 13 year olds.”

A second post stated: “Katie’s update it has been reported to police”.

Mr Clark said he later deleted the post after receiving a text message from Mr Dole that stated he may have committed a crime by posting the brief details.

“Darren, your Action for Alice post regarding an alleged sexual assault at Katie’s may be a criminal offence under the Sexual Offences (Evidence And Procedure) Act,” Mr Dole wrote.

NT Police did not answer questions from the NT Independent, specifically asking them to explain how Mr Clark’s post contravened the Sexual Offences (Evidence And Procedure) Act.

The NT Independent asked police if the text sent was Mr Dole’s initiative or if he was instructed by Jamie Chalker or one of the Deputy Commissioners to send the message.

They also refused to answer whether Mr Dole purposely sent the text message to Mr Clark telling him he was potentially committing a crime when Mr Dole was fully aware Mr Clark was not committing a crime.

Or in the alternative, whether Mr Dole properly understood the legislation and what constituted a crime when disclosing identities of victims of sexual offences.

Wednesday, February 28, 2023

Unredacted coronial report: Police pursued Zach Rolfe murder charge against DPP witness advice

A damning coronial report that Jamie Chalker attempted to hide from the public for more than a year and a half was obtained by the NT Independent with previous redactions lifted, that shows detectives building the murder case against Constable Zachary Rolfe ignored legal advice from the Office of the Director of Public Prosecutions in their pursuit to lay a murder charge.

Excerpts from the Proctor report that were previously redacted have raised serious questions about the integrity of the NT Police’s investigation, the Office of the DPP, and Coroner Elisabeth Armitage’s ongoing inquest into the death of Kumanjayi Walker.

The NT Independent previously reported on partial findings of Commander David Proctor and Superintendent Scott Pollock’s draft reports, but those were redacted with critical information suppressed under claims of “legal professional privilege” by Mr Chalker that was revealed for the first time.

It shows that senior police investigators collected evidence from use-of-force experts “contrary to the advice provided them by the DPP” and that “critical decisions” about the investigation were made by senior officers outside of official joint management committee meetings and not recorded in accordance with proper procedures.

The unredacted report also shows that Mr Chalker’s office directly influenced a “critical decision” to use a compromised use-of-force expert against legal advice, adding further evidence of Mr Chalker’s involvement despite his repeated claims he was not involved in the murder investigation.

Mr Chalker, who had not disclosed the existence of the draft report, then moved to have sections redacted before releasing it to Constable Rolfe’s defence team, under the auspices of “legal professional privilege”, however, it is unclear how Mr Chalker could enact that when it was the Office of the DPP that had provided the advice.

The now unredacted final report, dated August 2021, was ultimately received and viewed by Coroner Armitage ahead of her coronial inquest that started last September, although no mention of its redacted critical findings have been raised during the inquest, despite senior figures involved having provided evidence

Friday, February 10, 2023

PFES executive threatened firefighters with criminal investigation over marked-up trucks: Union

The NT Police, Fire and Emergency Services executive allegedly threatened to open a criminal investigation into NT firefighters writing slogans on their fire trucks that was part of protected workplace action amid stalled talks on a new EBA, the union representing firies said.

Firefighters at the Darwin station had written slogans with markers on some trucks relating to inadequate staffing levels and other workplace concerns when they were approached by two senior officers, including a superintendent, wearing body-worn cameras who allegedly told them a complaint had been filed about criminal damage to the trucks and that if they did not remove the slogans “a criminal investigation” would commence.

However, the union says the firefighters had been granted the right to write slogans on the fire trucks as part of protected industrial action.

Firefighters at the Darwin station had written slogans with markers on some trucks relating to inadequate staffing levels and other workplace concerns on Wednesday afternoon when they were approached by two senior officers, including a Superintendent, wearing body-worn cameras who allegedly told them a complaint had been filed about criminal damage to the trucks and that if they did not remove the slogans “a criminal investigation” would commence.

However, the union says the firefighters had been granted the right to write slogans on the fire trucks as part of protected industrial action.

“[Commissioner Jamie] Chalker and NTFRS executive continue to demonstrate they have no respect for our firies,” union boss Erina early said.

A firefighter familiar with the incident told the NT Independent it was a “scare tactic” by the executive.

As well being the police commissioner Jamie Chalker is the NT Fire and Emergency Service chief executive officer.

The Police Fire and Emergency Services media unit did not respond to questions about who authorised the threat to firies and who had lodged the complaint about “criminal damage” to the marked-up fire trucks.

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2 Comments

  1. On the article relating to the “biased coronial investigation”; of course it was biased!!!…when officials fly off making statements to the community to the effect that “consequences will follow” in order to placate individuals and win browny points with voters as well as the coroner during the coronial physically visiting the community not just to see the incident site but to speak to the community to gauge what effect the incident has had on the community…I mean come on…!!!! Because that view is not going to bring about personal biases. Hope the politicians and coroners adopted similar attitudes regarding the recent death of the liquor store worker.

  2. Move on, nothing to see here. Just the usual political and bureaucratic ineptitude regular seen in the Territory

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