Former NT Police constable Zachary Rolfe's evidence at the inquest into the death of Kumanjayi Walker will be delayed by at least three months while the NT Court of Appeal rules on a complex legal argument.
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.
Zachary Rolfe, who fatally shot Mr Walker during an attempted arrest at the remote Aboriginal community of Yuendumu in November 2019, was scheduled to give evidence to the coronial inquest into the shooting on July 31, 2023.
However, earlier this year, Mr Rolfe appealed a Supreme Court decision which forced him to answer questions at the inquest.
The Court of Appeal, made up of three Supreme Court judges, is yet to hand down its judgement on the matter and it is unclear when it will do so.
Northern Territory Coroner Elisabeth Armitage opened an extensive inquest into the police shooting in September 2022, hearing more than three months of evidence across two blocks of court sittings.
Mr Rolfe gave evidence at his criminal trial in March 2022, which ultimately saw him acquitted of all charges - including murder, manslaughter and engaging in a violent act causing death - by unanimous jury verdict.
He also briefly fronted the coroner's court in November 2022, but invoked a legal claim of "penalty privilege", arguing he could not be compelled to answer questions which could lead to disciplinary action within the police force, where he was employed at the time.
Mr Rolfe refused to answer a series of questions - including those about his text messages, his application to the Northern Territory Police Force (NTPF) and his prior use-of-force instances - and was excused from giving further evidence until after his appeal.
The former constable has since been dismissed from the force for publishing a 2,500-word statement that was critical of senior police leadership and the ongoing coronial inquest.
Mr Rolfe's lawyer, Luke Officer, has previously said his client has also appealed that decision and is currently seeking reinstatement to the NTPF, a process which could take several months, or years.
The Northern Territory coroner is now scheduled to hear evidence from Mr Rolfe and NT Police Sergeant Lee Bauwens in October 2023.
Final submissions to the coroner will now be heard in Alice Springs in February 2024, meaning the inquest into Mr Walker's death will take at least a year and a half to complete all the evidence.
It remains unclear when the Northern Territory Court of Appeal will hand down its judgement in Mr Rolfe's matter.
When it does, all parties - including Mr Rolfe, the NT Attorney-General, NTPF, North Australian Aboriginal Justice Agency (NAAJA) and members of Kumanjayi Walker's family - will have 28 days to file a further application for special leave to appeal to the High Court of Australia if they choose to do so.
If High Court proceedings are filed, it will likely push inquest proceedings further into 2024.