The Northern Territory’s independent anti-corruption commissioner Michael Riches has cleared former chief minister Michael Gunner of alleged political interference in the decision to charge ex-NT police officer Zachary Rolfe with murder.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died, used with the permission of their family.
Key points:
ICAC investigated days between police shooting and Zachary Rolfe being charged with murderThe investigation came after Michael Gunner was accused of political interferenceNo adverse findings have been made against Mr Gunner or his then deputy Nicole Manison
Rolfe fatally shot Warlpiri-Luritja man Kumanjayi Walker, 19, during an attempted arrest in the remote community of Yuendumu, 300 kilometers north-west of Alice Springs, in November 2019.
Four days later, he was charged with murder, but was eventually acquitted at trial in 2022 after jurors heard he was acting in self-defence when Mr Walker stabbed him in the shoulder with a pair of scissors.
Public comments made by then-Chief Minister Michael Gunner at a community meeting in Yuendumu, along with the speed with which Mr Rolfe was charged, sparked outrage from the NT Police Association and others.
The comments sparked an ICAC investigation into the four days between the shooting and Rolfe’s arrest.
Zachary Rolfe was acquitted of all charges at trial.)
ICAC finds comments were made ‘off the cuff’
Gunner traveled to Yuendumu on November 12, the day before Mr Rolfe was charged, and addressed a community meeting alongside then Police Minister Nicole Manison and then Police Commissioner Jamie Chalker.
Riches found there was no evidence that the trip itself was inappropriate.
At the meeting, Gunner told community members there would be an “investigation” into the police shooting and that “consequences will follow as a result of that investigation.”
“Claims were made about the appropriateness of those statements, what the former Chief Minister intended by those comments and the effect those comments had on the police investigation and in particular on Mr Rolfe’s arrest Riches wrote.
Kumanjayi Walker was fatally shot by Zachary Rolfe in Yuendumu in 2019.()
Ultimately, the commissioner found that the comments made by Mr Gunner were “overt” and did not amount to inappropriate, unsatisfactory or corrupt conduct.
The commissioner also found that the comments did not affect or influence the decision to arrest Mr Rolfe.
“I believe that in making the impugned comments, the former chief minister did not intend to prejudice the administration of justice, nor to influence the police investigation.
“Rather, I find that in making the comments, the former chief minister was trying to address the matters that had been raised with him … and the matters that he understood to be of concern to the community.”
It noted that during Mr Gunner’s speech, he referred to the “coroner” eight times, concluding that his controversial comments were “clearly aimed at a coronial inquest”.
The comments were “not helpful” to police
However, Riches noted that the comments “caused anger and frustration among the police”, noting that a number of senior police officers involved in the investigation into Rolfe found them “unhelpful”.
NT ICAC Commissioner Michael Riches has cleared Michael Gunner of political interference.()
Assistant Police Commissioner Martin Dole, then commander of the NT Police crime division, told the ICAC: “I thought [comment was] very problematic, and quite pointless … it was a polarizing issue within the police force.”
“We’ve already had investigators give particular opinions about what they think should have happened or shouldn’t have happened,” Dole said.
“The fact that he was making comments that could be seen as relating to advice provided by an investigative team was very unhelpful.”
NT Police Assistant Commissioner Martin Dole told the ICAC that Mr Gunner’s comments were “polarizing” within NT Police.)
Riches noted that some Alice Springs police officers took sick leave in the wake of Mr. Rolfe and the comments of Mr. Gunner, who were described by a detective sergeant as “destroying morale”.
NT Police Association (NTPA) president Paul McCue urged Mr Gunner to publicly retract the comment and apologise, telling the ICAC that “the inference was that the police had done some bad thing”.
Paul McCue urged Mr Gunner to apologize for his comments.)
Gunner told the ICAC that he refused as he did not want to attract attention or apologize as it would be “essentially a false characterization of what [he] he even said in the first place.”
The ICAC report showed Ms Manison, then police minister, was “furious” at the NTPA’s “animosity”, accusing Mr McCue of pandering to popularity.
“I believed it was an outrageous allegation and that Mr McCue was stirring up community unrest,” Ms Manison told the ICAC.
A further report is to be completed following a coronial inquest
Northern Territory coroner Elisabeth Armitage opened a coronial inquest into the police shooting in September 2022, which is currently scheduled to resume taking evidence on 31 July.
Riches noted in his report that the inquiry tabled in parliament this week only addresses findings made about allegations against government ministers.
NT Coroner Elisabeth Armitage is investigating the death of Kumanjayi Wlaker.()
He marked a second report that addressed “other aspects [his] investigation” will not be published as “there is no legislative mechanism to do so”.
“It is premature to express an opinion as to whether I will make a public statement regarding the subject of this new report,” Riches wrote.
“Any such public comment would only occur after the conclusion of the current coronial inquiry into events relevant to that inquiry.”
The ongoing investigation does not currently have a firm end date.
While Riches found no evidence of inappropriate conduct on the part of Mr Gunner or Ms Manison, he said the events provided an “opportunity for reflection”.
Deputy Chief Minister Nicole Manison has been cleared of misconduct by the ICAC.()
“I believe that all public officials, when considering whether to comment publicly on any matter that is the subject of investigation and/or judicial process, should consider whether it is appropriate to first receive advice from the competent body on any harmful effect this comment could have. could have,” Riches wrote.
In 2019, Riches’ predecessor, Ken Fleming QC, disqualified himself from any role in the investigation into the shooting after a complaint was made about his own public comments.
He told a crowd gathered in Alice Springs after Mr Walker’s death: “One of the most important messages today is ‘black lives matter’. Anyone who says otherwise is guilty of corrupt behaviour.”
