The coroner presiding over the inquest of Kumanjayi Walker might need to disqualify herself from the case, attorneys for Cons Zachary Rolfe say.
Walker, 19, was shot thrice by Rolfe throughout an tried arrest within the distant NT neighborhood of Yuendumu in November 2019.
Rolfe was discovered not responsible of homicide and two different expenses after a six-week trial within the NT supreme court docket in Darwin.
A 3-month inquest is analyzing the occasions surrounding the Warlpiri man’s loss of life.
The inquest didn't hear from any witnesses on Friday, and was devoted to authorized argument, particularly because it associated to claims by attorneys for Rolfe that points which had been agreed on as central to proceedings ought to now not be thought of related.
However David Edwardson KC, for Rolfe, mentioned that coroner Elisabeth Armitage might the truth is need to disqualify herself from listening to the inquest, as she had been granted entry to an unredacted model of a police report that may solely be included into proof in its redacted kind.
The NT police power had claimed authorized skilled privilege over half of what's referred to as the Proctor report, that means that Rolfe’s group and different events solely acquired redacted variations.
The Proctor report pertains to the investigation into Rolfe’s capturing of Walker, together with the involvement of knowledgeable witnesses.
However counsel aiding the coroner knowledgeable Rolfe’s attorneys on 4 September that Armitage had acquired the report in “unredacted kind”.
“This in fact then raises a really important and essential problem,” Edwardson informed the court docket on Friday.
“Placing to at least one aspect the query of whether or not the disclosure of the unredacted parts quantities to waiver [of legal professional privilege], there's a far more important problem that arises from this unlucky and regarding sequence of occasions.
“The difficulty is the consequence of entry to extraneous info by a presiding officer.”
Edwardson mentioned that the query of disqualification should come up if the NT police power maintained authorized skilled privilege over the report.
Phillip Boulten SC, for the North Australian Aboriginal Justice Company (Naaja), which is considered one of a number of events to the inquest, together with the NT police affiliation, made clear that the submission relating to Armitage had been surprising.
“We had been unaware of an argument that may counsel that you just could be conflicted as persevering with within the inquest,” he informed Armitage.
“That’s a matter of some concern. We wish to have a look at that problem with some nice care.”
Earlier within the listening to, Dr Peggy Dwyer, counsel aiding Armitage, outlined the numerous logistical points which might move from Rolfe’s attorneys submitting objections to the inquest solely days earlier than it was resulting from begin,
“No clarification has been supplied to this court docket as to why that was achieved. No apology has been made to this court docket for the large imposition.
There was no apology to the household of Kumanjayi for that disruption or to different events on the bar desk.
“The actions of the attorneys for Constable Rolfe affectively ignores the orders that your honour made for the timetable of submissions in April and the looks at Might. We can not have that, going ahead – we can not.”
Edwardson mentioned that it had been vital to listen to Dwyer’s opening earlier than submitting opposition to the scope of the inquest, and mentioned that if the objection had not been raised then the complete proceedings would have been way more significantly disrupted.
However he mentioned “we settle for and apologise if that has induced, or the rest has induced, inconvenience to your honour, to counsel aiding or anyone else.”
The inquest continues on Monday, when it's anticipated that authorized arguments relating to the scope of the proceedings and Armitage’s involvement might be accomplished.
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