Thread by @dhadjowa

Good afternoon, today is the second day of the coronial inquest into the death of Kumanjayi Walker which is taking place on Arrernte Country, Mparntwe. Please join the family in solidarity by listening in via the live stream: justice.nt.gov.au/attorney-gener…

The first person to take the stand is Peggy Dwyer who is counsel assisting the coroner. She begins with some contextual comments about the poor conditions within prisons in the Northern Territory and the Don Dale Royal Commission.

Dwyer tells the court that the lack of appropriate services and poor conditions within youth detention centres contributes to the potential for harm of children and young people who already suffer from trauma. #Justice4Walker

Dwyer: “The conditions under which children and young people were detained fell far short of acceptable standards under international instruments and Australian guidelines.

Severe prison-like, unhygienic conditions, and inadequate security due to poor infrastructure cause children and young people to suffer punishment.”

Dwyer is now talking about the way in which Kumanjayi was demonised after his tragic death: “It may be helpful for this court to remember the way that he was treated by the state at different times and the ways in which we can learn from that and try to do better”
#Justice4Walker

Dwyer shifts focus to Kumanjayi Walker himself. She addresses his criminal history in much detail before leading the discussion to his involvement in numerous rehabilitation programs #Justice4Walker

Dwyer details a list of past offences in the manner of property offences, breaches of bail, absconding from youth detention and residential rehabilitation programs. She shares past domestic violence history between Kumanjayi and his partner Rakeisha. #Justice4Walker

Dwyer: “I expect that you will hear evidence that Kumanjayi and Rakeisha were in love. And I anticipate your honour will read in the evidence that perhaps because Kumanjayi had suffered trauma himself, he was unable to self-regulate at times”. #Justice4Walker

Dwyer explains that she says all this because, “I anticipate submitting to your honor, that there were attempts to assist Kumanjayi but that is significant learning from his case is that some of those attempts were more successful than others.” #Justice4Walker

Dwyer continues: “I'll come to some reasons throughout the course of his inquest as to why that was but also that when you have a young person who has been traumatised in the way Kumanjayi was and then is subjected to re traumatisation at different times

including likely in youth detention centres, and likely during that arrest with that there are very significant intensive efforts long term that need to be made. If we are to be serious about assisting young people in his position”

Court has resumed and Dwyer is now discussing nursing and medical staff shortages in Yuendumu on the night of Kumanjayi’s death. #Justice4Walker

The coroner has identified 54 issues that are to be examined as part of this inquest. As has been reported, last Tuesday Rolfe’s legal team made objections to 12 of these issues. You can read more here: ​​theguardian.com/australia-news…

Dwyer shifts to issue number 8 on the issues list: “How and why were Alice Springs police, including the IRT [Immediate Response Team], involved in the attempted arrest of Kumanjayi in Yuendumu.” #Justice4Walker

Dwyer quotes Constable James Kirstenfeldt: “We weren’t there as IRT, we were there as a force multiplier” The weapons they brought to Yuendumu were not, however, typical of general duty police. #Justice4Walker

Dwyer describes Zachary Rolfe’s fixation with footage of the attempted arrest of KW two days prior. He watched the footage “many times” & provided a “commentary” on it to the other IRT officers. #Justice4Walker

Dwyer concludes the session by discussing the agreed arrest plan, and a breakdown of communication between the IRT and Yuendumu officers. “Any risk assessment or planning is a central issue in understanding what took place in Yuendumu.”
#Justice4Walker

The courtroom is being shown body worn video of the initial house search, which shows Hawkings outside the house displaying an AR-15 rifle. Dwyer says it's important to consider the optics of police carrying military-style firearms from the perspective of the Warlpiri community.

Dwyer is now going through the details of Kumanjayi’s arrest: "At no time did Constable Rolfe issue a standard warning to Kumanjayi prior to firing the three shots."
#Justice4Walker

Dwyer refers to the scene outside the police station following the shooting. “We can only imagine the level of anxiety and stress and fear that community members were feeling… They were primarily fearful for Kumanjayi… though also fearful for what might happen next."

The police’s decision on the night to withhold information on Kumanjayi’s welfare from his family and community is now being addressed by Dwyer: “It hurts them deeply that Kumanjayi didn’t have someone from the community there with him who loved him.”

The court is told that police investigators, having established a crime scene and viewed body worn footage, held immediate concerns about the lawfulness of Rolfe’s actions. #Justice4Walker

Dwyer refers to text messages between Rolfe and other police officers that may have compromised the investigation: “In these circumstances… there should not be any meeting to discuss evidence, and neither should there be a text exchange”

As noted earlier, the text messages referenced by Dwyer are one of 12 issues that Rolfe’s legal team made objections to last Tuesday.
#Justice4Walker

The court is told that at no point was Rolfe interviewed prior to being charged. Dwyer says that this is in contravention of the interview provisions of the Police Administration Act, which requires officers to answer questions about possible breaches of discipline.

Dwyer is now outlining Rolfe’s employment history. She notes his legal team have objected to issues related to training and recruitment, including whether Rolfe provided honest and accurate information to the Northern Territory Police, perjury and excessive use of force.

Dwyer is now providing a short history of the IRT unit. She references recommendation 61 of the Royal Commission into Aboriginal Deaths in Custody 1991: "That all Police Services review their use of para-military forces." #Justice4Walker

Dwyer: “Having a robust system to monitor officers for use of force is an essential way to guard against misuse of power." #Justice4Walker

Dwyer returns to text messages between Rolfe and other Alice Springs police officers that were on his phone at the time of his arrest. #Justice4Walker

Dwyer doesn’t share these texts messages with the court, but she does say: "Taken at face value… some of those text messages do suggest negative attitudes to Aboriginal people that should and will cause great concern.” #Justice4Walker

Addressing directly the objections of Rolfe’s legal team to the text messages, Dwyer responds that they will help the court “understand why these attitudes have formed… and [also] what impact those attitudes might have when police are arresting people." #Justice4Walker

The court has taken a quick break #Justice4Walker

The court is now provided with a short history of the IRT. Dwyer notes the unit’s preference for ex-military personnel & references rec 61 of the Royal Commission into Aboriginal Deaths in Custody 1991: "That all Police Services review their use of para-military forces”

Dwyer emphasises the need for better training and discipline processes: “Having a robust system to monitor officers for use of force is an essential way to guard against misuse of power." #Justice4Walker

Dwyer returns to text messages between Rolfe and other Alice Springs police officers that were on his phone at the time of his arrest. #Justice4Walker

Dwyer doesn’t share these texts messages with the court, but she does say: "Taken at face value… some of those text messages do suggest negative attitudes to Aboriginal people that should and will cause great concern.” #Justice4Walker

The court has concluded for the day. Peggy Dwyer at the end of last session said that she had 20 minutes left in her opening, which we expect to hear tomorrow morning. Following that we’ll hear from Samara Fernandez Brown, Derek Williams and Warren Williams. #Justice4Walker

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