Zachary Rolfe has officially been dismissed from the Northern Territory Police Force, a spokesperson has confirmed.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains the name of a person who has died, used with the permission of their family.
The ABC reported on Sunday the former officer's lawyers had been issued a 'section 78' dismissal notice late last week, but NT Police said Mr Rolfe remained a serving member of the force.
The NT Police Force has now confirmed Mr Rolfe is no longer a serving member.
“A 31-year-old male police officer has been dismissed from the Northern Territory Police Force effective 4th April 2023,” a statement from the NT Police Force said.
“The officer was dismissed under section 78 of the Police Administration Act 1978 due to serious breaches of discipline during their policing career.”
Sources have told the ABC the dismissal relates to a 2,500-word statement published online in February, attributed to Mr Rolfe.
The former constable was acquitted last year of murder in relation to the 2019 shooting death of Warlpiri-Luritja man Kumanjayi Walker in the remote Indigenous community of Yuendumu.
Mr Rolfe's lawyers said he intended to appeal NT Police's decision.
"Constable Rolfe's intention is to appeal the decision and exercise the full legal options available to him challenging the validity of the decision ... the process by which it was made, the lawfulness of the decision, and also the merits of the decision," said Luke Officer, who represents Mr Rolfe.
"In those circumstances, I provide no further comment at this time."
The statement attributed to Mr Rolfe in February was critical of the NT Police executive leadership and the ongoing coronial inquest into the shooting death of 19-year-old Warlpiri Luritja man Kumanjayi Walker.
Then-constable Rolfe fatally shot Mr Walker during an attempt to arrest him in the remote central Australian community of Yuendumu, 300 kilometres north-west of Alice Springs, in November 2019.
Days later, Mr Rolfe was charged with murder, but was acquitted after a Supreme Court trial in March last year.
The jury heard he acted in good faith, in the reasonable performance of his duties and in the defence of himself and his policing partner when he fired his Glock three times, after Mr Walker stabbed him in the shoulder with a pair of scissors.
There is no suggestion Mr Rolfe's dismissal is related to events on the night Mr Walker was shot.
Under the Police Administration Act, a section 78 dismissal notice relates to a "public interest dismissal."
The legislation says "a member may be immediately dismissed from the Police Force" if the commissioner is "of the opinion that the member has committed a breach of discipline and it is in the public interest that the member be immediately dismissed".
It also says the commissioner must have "taken into account any written response of the member made after service on the member of a notice under section 79".
The coroner heard in March that a section 79 disciplinary notice had been issued to Mr Rolfe by Assistant Police Commissioner and head of Professional Standards Command Bruce Porter in relation to the 2,500 word statement, which Assistant Commissioner Porter labelled an "opinion piece" at the time.
Mr Rolfe is currently scheduled to give evidence to the coronial inquest into the death of Mr Walker in July.
Separate appeals in question
Lawyers for Mr Rolfe have filed an appeal against a Supreme Court decision which compels the former officer to give evidence at the inquest.
That appeal, which will argue Mr Rolfe should not be required to answer questions that could lead to disciplinary action within the police force, is scheduled to be heard by three Supreme Court judges on April 11.
With Mr Rolfe no longer a member of the Northern Territory Police Force, it is unclear whether the appeal argument can go ahead.
