The Northern Territory coroner has ruled messages downloaded from Constable Zachary Rolfe's mobile phone, after he was arrested and charged with murder over the death of Kumanjayi Walker in 2019, could be "evidence of racism by Constable Rolfe" and his colleagues.
She also decided Constable Rolfe's ex-fiancee, who gave three statements to police about his conduct on the job, should be called to give evidence.
Coroner Elisabeth Armitage was asked to decide whether the two areas of evidence could be called at the coronial inquiry into the death of Kumanjayi Walker, after lawyers for Constable Rolfe launched an objection to the broad scope of the inquest.
The coronial inquest is currently underway in Alice Springs and comes six months after Constable Rolfe was found not guilty of any offence in relation to Mr Walker's death.
Ex-fiancee's claims aired in court for the first time
The court heard Constable Rolfe's ex-fiancee Claudia Campagnaro, who was also an Alice Springs-based police officer, gave three statements to Northern Territory Police, describing conversations she had with him about body-worn footage and use of force.
In deciding her evidence was relevant to the inquest, Ms Armitage referred to sections of Ms Campagnaro's statements, in one of which she told police:
"[Zachary Rolfe] would just off-the-cuff say words to the effect of, 'If I shot someone, I could go on a six-month holiday'."
Ms Armitage ruled some aspects of Ms Campagnaro's evidence "might be said to suggest an over-preparedness on the part of Constable Rolfe to draw and/or use a firearm."
"Zak has previously spoken about getting into the SAS and said to me, 'I like being a soldier, it was good money and they could go out and kill people'… He said this to me a few times," Ms Campagnaro's statement read.
Constable Rolfe's lawyers argued Ms Campagnaro's evidence was "not logically probative of any issue" relevant to the coroner and should not be called during the inquiry.
In another section of her statement, referred to in the coroner's decision, Ms Campagnaro alleged one Alice Springs patrol group was "known" for "having to justify use of force."
The coroner found Ms Campagnaro spoke to officers about the arrest of Indigenous man Malcolm Ryder, which Northern Territory Police have said Constable Rolfe would not face perjury charges over.
"Zak has told me, 'Thank god my body worn wasn't on because everyone would have seen I was punching Ryder on the floor'," Ms Campagnaro's statement read.
"When Zak did tell me about how he got the scratch to his face he said words to the effect [of] 'a female detective upstairs scratched me'."
Ms Armitage found some of Ms Campagnaro's evidence might suggest a "concerning culture" within the Alice Springs Police Station and ruled her accounts were "relevant" to the inquest.
However, she also found there "may well be significant issues" with Ms Campagnaro's credibility and reliability.
Racism 'may have played a role' in death
In ruling some of the 8,000 pages of text messages downloaded from Constable Rolfe's phone could be examined during the inquest, Ms Armitage wrote:
"I would not have investigated this matter if there were not an evidentiary basis to suggest that Constable Rolfe and other police officers with whom he was communicating held racist views about Aboriginal people."
She accepted arguments on behalf of Kumanjayi Walker's family and others, that the messages could be found to be "prima facie evidence of racism" by Constable Rolfe and other police colleagues.
"I accept NAAJA's submission that it is sufficient that this racism 'may have played a role — conscious or unconscious — in the immediate acts causing death or in the broader structures concerning the IRT and its deployment'," the coroner wrote.
"The inquest will inquire as to whether this is in fact the case."
Constable Rolfe's barrister earlier argued there was "no evidence" to suggest systemic racism was a factor in the shooting of Kumanjayi Walker.
"There is no evidence at all in the brief that could give rise to the notion that Zachary Rolfe had any racial motivation at the time he pulled the trigger of his glock on 9 November 2019," David Edwardson KC said.
Lawyers for Constable Rolfe and the Northern Territory Police Association had argued the messages, sent between five and nine officers, were not relevant to the inquiry and could not be proof of a widespread attitude among the NT Police force.
Constable Rolfe's barrister had also argued the messages themselves were obtained illegally, but Ms Armitage ruled that would not prevent her from receiving them into evidence.
"Nothing in the Coroner's Act expressly prohibits me from receiving, and considering, evidence that has been unlawfully obtained by another person," Ms Armitage wrote.
No ruling on broad 'scope' of inquiry
Constable Rolfe's lawyers had objected to around 13 of the 54 questions proposed to be examined throughout the coronial inquest.
Ms Armitage refused to make a ruling on the overall scope of the inquiry, telling the court it was "premature and unnecessary" to limit the investigation.
"At this early stage of this lengthy and complex inquest, it is impossible to know whether a number of the 'issues' or 'questions' anticipated to arise on the evidence by my Counsel Assisting team … will ultimately be relevant to, or connected with, the death," Ms Armitage wrote.
The inquest is expected to continue on Wednesday, with the current sergeant in charge of the Yuendumu Police Station to give evidence.
