The murder trial of Northern Territory policeman Zachary Rolfe could be delayed after prosecutors announced their intention to seek leave from the High Court to appeal a recent legal decision central to the case.
Constable Rolfe was charged with one count of murder after 19-year-old Kumanjayi Walker was shot three times during a police operation to arrest him in the Central Australian community of Yuendumu in November 2019.
The jury in his trial will also be able to consider alternative charges, including reckless or negligent conduct causing death, or engaging in a violent act causing death.
Constable Rolfe has previously indicated his intention to plead not guilty.
The start of the trial — which has already faced several delays caused by COVID-19 lockdowns in Sydney and Darwin — is currently scheduled for Monday.
Last week, the full bench of the NT Supreme Court confirmed Constable Rolfe could use three separate defences in the trial, including that he should not be held criminally liable because he was acting in "good faith" in his role as a police officer.
But a spokesman for the Supreme Court today said prosecutors want to appeal the full bench's decision.
"Today, the Crown has indicated that it intends to make an application to the High Court for special leave to appeal the recent decision of the Full Court and for an expedited hearing," he said.
The application is expected to be made before the trial judge Acting Justice Dean Mildren on Thursday afternoon, shortly after Darwin's current lockdown is scheduled to end.
"The purpose of Thursday's listing is for the Crown to make an application for a stay of the jury trial pending the outcome of the application to the High Court," the spokesman said.
