Rolfe Takes the Stand - podcast episode cover

Rolfe Takes the Stand

Mar 25, 202425 minSeason 3Ep. 6
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Episode description

In episode 6 hosts Amy McQuire and Martin Hodgson discuss the testimony of Zachary Rolfe at the coronial inquest into the 2019 police shooting of Kumanjayi Walker. Racism, repeated violence and a media determined to hide the truth is only the beginning of what was revealed.

Curtain the Podcast is brought to you by the BlakCast Network and is produced by Clint Curtis.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

This is Curtain, a podcast where we expose the disappearances of Aboriginal people across this country, shining a light on the darkest parts of our justice system.

Speaker 2

We ask who are the victims?

Speaker 3

I'm aiming Maquire, and I'm Martin Hodgson, Senior Advocate at the Foreign Prisoner Support Service. And a warning. This series contains the names of deceased people and includes distressing content that may upset some listeners.

Speaker 1

Welcome to Episode six of Curtain the Podcast. In this episode, we're going to look more into the racism of policing across the country, looking at the specific case of Zachary Rolfe who killed Aboriginal teenager Coleman J.

Speaker 2

Walker in Uinda Moo.

Speaker 1

Rolf was acquitted of the murder of mister Walker, but it was an incredibly historic case because it was one of the first times in Australia history that a police officer has been charged with murder over a black death in custody. The reason it is so important for us to look into this case specifically as we investigated the cases of disappearances of Aboriginal women all Acosta country, is because there's a perception that the police are there to

protect not only Aboriginal women, but all women. And yet through this podcast, we've shown clearly that that is not the case. We've shown clearly that reform of the police is not the answer because often it is the police who are enacting some of the worst forms of violence against Aboriginal women. And the significance of the Zachary Rolf case is huge because it reveals the innate, racist and

gendered violence of policing. This is not a conversation that often comes up in relation to black deaths in custody. Often when cases of black death and custody are reported on in the media, there are continual silences and deflecting away from a perpetrator, so that the person who has died becomes responsible for their own death and is criminalized further even as they are the ones who have lost

their life. We've shown clearly that this is what has also happened in cases of Aboriginal women who have been disappeared, particularly up here in my home state of Queensland, where often they have been criminalized before they have lost their lives outside of bars. So today Martin is going to bring you his analysis of Zachary Roff's testimony in the coronial inquest which is currently ongoing into mister Walker's death

in Uindamu all those years ago. Martin, this is the first time Rolf has actually given testimony in relation to what happened to mister Walker. What do you think has been missing from the media coverage?

Speaker 3

I think this was a very important moment in the history of understanding the way the police operate in this country. As Amy said, we hadn't heard from Ralph before and this was his chance to tell his side of the story. But immediately it was evident that he was going to take absolutely no responsibility and has learned nothing from his own actions. He began his evidence with accusations of racism

against the NT police. He told the inquest about the Tactical Response Group, which is a heavily armed squad which respond to what they call high risk incidents in the Northern Territory, and that they hold an annual award that they call an I quote Coon of the Year Award. Obviously this is despicably racist, and yet this was a unit that Zachary Ralph was desperate to join. So he starts straight away as throwing around to accusations of racism

against his fellow officers, particularly more senior officers. And what was disappointing to me was that this was hailed as some sort of insight into anti policing. But we already know that the Northern Territory Police are disgracefully racist and always have been. This is an institution that's been rotten

from the start. So in my opinion, this was Ralph just offering this up as both a distraction from his own racism which we heard spoken about throughout the inquest and that he admitted to on the stand, and his own use of violence, and to shift his focus off himself as an individual, refusing to ever really take responsibility for any of his own actions, and the fact that he began his testimony this way was I think a very deliberate strategy. He was both a terrible witness and

someone who claimed to always be right. He said that he was just clumsy when he applied to the Northern Territory Police, that he'd failed to mention he had a criminal offense charge and that he had other applications to join other police forces, which is not allowed. He'd applied for the Queensland Police, the Northern Territory Police and the Victoria Police. On all of those application forms, he failed to disclose that he'd been fined for public nuisance and

violent behavior in Queensland. So again, whether he failed to disclose or not, this is something that could have clearly been checked and the NT police failed to do so, or maybe they didn't. Maybe they saw he had this violent history and they didn't care. He also failed to disclose on all the applications that when he'd applied to join police forces he'd also been convicted of a military

offense while he was serving in the ADF. So this was someone who went into the police force both with clear violent tendencies, an attitude of disgusting racism, and who had never shown any kind of discipline in his life, and that would instantly play out. Between twenty sixteen and twenty nineteen, he admitted that there was forty six use

of force incidences recorded against him. In a Northern Territory Police's survey, it found that Ralph had the highest rate of use of force incidents among random members of his own graduating class. Now this is something had they done their due diligence, they would have known, could have known, and probably did know, because when his officer in charge, Sergeant Bowens, was asked about it, he said, even if he had been aware of the previous history, it wouldn't

have concerned him. And that and his response about being the officer in charge was and I quote, we do not look at their record and how many use of forces they had. That was part of the criteria. He told the inquest use of force complaints these days can be frivolous. This is his officer in charge claiming that for the most part, And like many officers would say on the stand, and they outlined the fact that named

lawyers that they outline make endless frivolous complaint. A they were wrong about the numbers and who these lawyers were. And B they were also wrong about the fact that many of those incidences had actually been captured on camera and shown to be incredibly violent. For example, in twenty eighteen, Ralph punched an aboriginal man in the head, grabbed his hair and slung him to the ground, rendering him unconscious

and needing sixteen stitches for cuts. And that, according to his superiors and Rolph himself, was fine and any complaint about it was and I quote frivolous. Now. Leading up to when zach Rolf shot and killed Kumanji Walker, Zachary Rolf had also talked about leaving the NT force, not because it was some terrible racist place, but he wanted what he called wild work and I quote dangerous shit. The person he reached out to was Ben Roberts Smith, who was found by the Federal court to be a

war criminal for his actions in Afghanistan. He also sent text messages to his mother in this period leading up to the shooting death of Kumenji Walker, admitting to his own short fews and how angry he'd get that he'd beaten the crap out of people. And it was discussed by another officer in a text message that Ralph was known for and I quote, towling up the locals. So by the time he arrived in Uwindamu, he was a racist,

ticking time bomb ready to go off. The NT police knew and were aware they had all the evidence for it, and yet they let him explode, killing Kumanjai and facing none of the consequences. And this is what we are seeing play out in the inquiry as it drags on, endless accusations being proven of racism and violence by Ralph and his fellow colleagues, endless accusations, and then the evidence to prove that there was no oversight, that superior officers turned to blind eye, that his use of force was

out of control, and nothing. We're just supposed to watch it pretend that that's all, okay. It really shows to me how useless these inquests and inquiries are.

Speaker 1

And it's interesting to me mrdin reflecting on all that came out of the inquest, the fact that so much didn't come out of his actual trial for certain reasons, But it's really interesting to me because it seems to be one of the only times where you have a clear revelation of just obscene racial violence perpetrated by a cop, but also the structural and institutional violence which supported him to do that, which ultimately ended up in mister Walker

losing his life. You know, these don't come out often of these processes at all, and yet it is still a process that in a way does deny that justice, you know what I mean.

Speaker 2

But it just strikes me.

Speaker 1

Is this seems to be a very significant case in relation to the history of policing in this country and the way it particularly targets not just Aboriginal men, but also Aboriginal women.

Speaker 3

I think, yeah, that's a really important point to make. And I think what you raised about the fact that the difference between the trial and the inquest. The trial is where he would have faced consequences, and yet almost none of this evidence that we've heard was allowed in the inquest, where he faces no consequences, and suddenly we're allowed to hear it all. And we wonder why the police are never held to account. And the dangerous part of that is what they then go on to perpetrate,

knowing that they literally have a license to kill. And that's what we've seen play out over and over again in the cases we've covered. And you know Rolph's own actions on that day too, as you watch the videos that have been released. You know, we've previously talked about things like gratuitous concurrence and the way that is used

when extracting and false confessions from Aboriginal people. But Rolf used it himself to gain entry into a house where there was no one wanted, and he used it against an Aboriginal woman who was not the owner of the house.

And she made that very clear and yet he found legal loopholes to use that they'd clearly been trained with to gain access to the house, which he could not have got because she was not the owner, and she explicitly stated that, and that was never reported in the media, and I thought it was a shocking omission that an Aboriginal woman is there on video clearly identifying who she is, why she's there, and that she not the owner and therefore not giving permission nor can't give permission for him

to enter, and yet he completely fops her off and goes into that home where there was nobody who was wanted by police, and the media did not seem to pick up on the way he treated that Aboriginal woman.

Speaker 1

I also wanted to raise something that you've mentioned just previously, and it relates to the links between the military and the anti police, particularly the links to Ben Roberts Smith and Rolf actively seeking out an environment in which he can basically what he perceives to be do whatever he wants with impunity. And it's seems to be a similar logic from Australian soldiers like Ben Robert Smith, who committed clear war crimes in Afghanistan, and what Rolf was doing

on the continuing frontier, you know. So the war never ended in Australia, so there's a sense that he was seeking out another frontier in which he could exert this form of violence on a people that he deemed inferior.

Speaker 3

Yeah, and that came through in his testimony in a way that it didn't shock me, but at the same time to see it so blatant, and to watch videos of him first assaulting Aboriginal men and boys in just a violent way. There was one incident in particular where he approached to Aboriginal men who'd done nothing wrong and assaulted both of them, and then with his body worn camera still rolling, says to his colleague that they'd have to write them up to justify his use of force.

And I totally agree with what you say. He was seeking this kind of work in inverted commas out he seemed to revel in committing these acts of violence. In fact, what many people may not know was that he took the video from his body worn camera and played it while recording with his mobile phone, so he could keep a trophy, if you like, of the violence he committed.

This is the exact same thing we've seen from soldiers in Iraq and Afghanistan, and he then added commentary over the top, laughing and joking about it was almost like he was voicing a sort of street fighter movie of him assaulting these Aboriginal men for absolutely no reason. And yet despite this, he was applying to be part of a more elite unit where he would have access to military grade firearms, and even that wasn't enough for him.

He was reaching out to Ben Robert Smith because he wanted to do more private security work, where again he would have more impunity and access to a greater number of weapons. And the militarization of police forces in the United States we have seen lead to innumerable murders by police of African Americans right across the country, and it's clearly happening in the Northern Territory and other states, and yet there is no exposure of it.

Speaker 1

And I also just wanted to bring up as well as something that you mentioned in relation to the media reportage, and I think it speaks to also the vediation of Ben Robert Smith, because it was of course it's like brilliant investigative journalism that actually exposed Ben Roberts Smith's war crimes and that was later taken to court and it was found that it was actually true.

Speaker 2

So the journalist Nick, I think it was Nick.

Speaker 1

Mackenzie had actually done really good journalism relation to that. But in Zachary Rolf's case, there was also even after he had killed mister Walker, there were attempts to launder his image and it had actually come out, you know, the levels of complicity around this public relations exercise for Rolf was led by a journalist at The Australian named Kristin Shorden, And I'd been following Kristin Shuldan's work on this case because it was so egregious and so horrific.

She was really just promoting Rolf as this hero cop who was pushed into a corner her perception was by a violent black teenager. But it actually came out of the inquiry just the levels she had actually gone to, and that she was actually a friend of Rolf's because her partner was also a cop, and she'd actually texted Rolf two days after he killed mister Walker in November twenty nineteen and had actually offered her help. So she'd

actually said, hey, mate, heard the news. Hope you and the shoulder are okay, ignore the leftist reporting in the media. Hopefully catch up soon, and then she'd written again, so glad you're okay. Could have been much worse. I know what you did was totally warranted. If you ever want me to write an article in your defense without naming you,

say the word. And Rolf took her up on the offer, and what emerged was article after article about Rolf being this hero cop and slandering you and Demo and mister Walker in a certain way.

Speaker 2

And the reason I want to bring this.

Speaker 1

Up specifically as well is because one of the tactics that Shordun used was to bring up the abuse of black women and children in Uin Demo as justification for the police slaughtering and killing of mister Walker. And that was really really horrific to me because it is tactic

that is so often used. They often bring up the abuse of black women and children in order to justify these really extreme use of violence against black men, particularly, but even against black women, as you'll hear in this podcast, not actually looking at the fact that police are complicit in the violence against Aboriginal women, and an example of that came out of another coronial inquest, not this inquest, but an inquest into the death of an Aboriginal woman

named Miss Rabuncha, who was a really strong, proud Black woman who was one of the founders of the Tanangier Women's Safety Group, had gone down to Canberra to advocate against family violence and later lost her life from a violent partner. It was actually two days before mister Walker was killed, Rolf had been called to her house because of a violent incident.

Speaker 2

She wanted help.

Speaker 1

He had made fun of her, he'd claimed she was making things up. He'd mocked her in so many different ways, and then mister Rabuncher later lost her life and Rolf was directly complicit in that he mocked her, a victim of family violence, an Aboriginal woman who was actively fighting

against family violence in life. And that should tell you everything about the very cynical and disgusting way that the Austray media, particularly this journalist Kristin Shordan, claimed to care about the safety of black women, when really it was just a pretense to exonerate her white kop friend who was actively complicit in not just the abuse of black women, but perpetrating police violence onto black men, which later resulted in the loss of mister Walker's life.

Speaker 3

I think one of the things that was so stark about that was that that offer of support and to do a blatant biased article came before that journalist could possibly have known the facts. And the facts are that Zachary Ralph fired three fatal shots into the chest of Commenjoy Walker. And yet this alleged journalists didn't care about any of that. Instantly she wanted and was willing to take his side. And it shows the mindset is already

made up. Just as his mindset was that an Aboriginal woman was making frivolous accusations about domestic violence, the journalist's mindset was, of course, the police officer did the right

thing in killing an Aboriginal man. So in these instances of debts in custody and domestic and family violence, the minds of those who make the biggest impact, the police and the mainstream media, those that get to respond first to these incidences, have already been made and that Aboriginal men are guilty and can be put down like animals, and that Aboriginal women are simply making it up lying

and even if it's true, don't deserve protection. That's the reality, And so when people propose that we have more police involvement in domestic and family violence, more police involvement in the issue of missing and murdered Indigenous women and children, you have to ask why do you want these people involved. Have you taken the time to see what they admit themselves. Have you taken the time to see what they do

when they're given more power. And as for the media who push these issues, if she was willing to write an openly biased piece before knowing any of the facts, what does that say about all of her coverage of the Northern Territory and particularly her writing on Aboriginal communities. It's probably bullshit.

Speaker 1

Just as we investigated the case that started this podcast, the wrong for of Kevin Henry and the miscarriage of justice around Linda's death, we actually have to look broadly at the environment in which the disappearances of Aboriginal women are occurring. And that's why we have to look at cases that may not seem on the surface directly related to the stories that we're talking about on this podcast.

We have to look at what's happening with police. We have to carefully interrogate the violence of police because it is so silenced, particularly in the media, but in Australian society, you know, elections are won and lost on the issue of law and order, which is always predicated on drumming up these moral panics which are always revolving around, for example, black children, and this is something that's currently happening in Queensland and New South Wales.

Speaker 2

Across the country.

Speaker 1

So we have to look at the wider environment to understand the levels of violence because Aboriginal women don't just experience one form of violence.

Speaker 2

We experience so many unique oppressions.

Speaker 1

So through this podcast, we'll be occasionally expanding the scope of the topics we talk about in order to bring you an understanding of what is actually happening on the ground. But in future episodes, we're also hoping to look at specific cases, cases that we continue to delve into, because there are continuing miscarriages of justice where there are families who are still fighting for the return of their loved ones and fighting for a form of justice that they

want for those who are no longer here. One of those cases is a case that is close to both Mardin and My Hearts, and that's Menique Club, who has disappeared in Beinglei back in twenty thirteen.

Speaker 2

I hope you stay with us as we.

Speaker 1

Continue to look deeply into the disappearances of Aboriginal women all across the country.

Speaker 3

This episode was brought to you by Black Cast and produced by Clint Curtis. For more, you can visit us at www dot kurtin the podcast us dot com, follow us on Twitter at curten podcast, and help to support our work at Patreon dot com. Backslash Curtain podcast. Mm hmmmm

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