Thread by @dhadjowa

On Monday 31 October, the inquest into the death of Kumanjayi Walker sat on Arrernte Country with Superintendent Nobbs continuing his evidence.

Below, we share some key excerpts. You can find the full link to the transcript here: justice.nt.gov.au/__data/assets/…

#JusticeForWalker

Counsel for Brown family: Now, Sergeant Frost was, of course, stressed and fatigued at this stage?

Nobbs: Correct.

Q: Now, at one point, she expressed to you that she was afraid the police station would be set on fire with the police in it. Do you recall that?

A: Yes.

Q: As you pointed out to her at the time and you told police officers in your interview, there was zero evidence or information to suggest that?

A: Zero evidence to suggest that the police station could be set on fire, but again, reasonable apprehension that Sgt Frost had...

Counsel for Brown family: Now, you gave evidence about public safety being the primary or priority in your decision-making around these critical decisions that you made at this time?

Nobbs: Yes.

#JusticeForWalker

Counsel for Brown family: Of course I'm talking about the decisions 1st to evacuate the police, 2nd not to tell the family of Kumanjayi's passing and then not to send an officer out to the crowd to engage with them with Derek Williams, okay?

Nobbs: Yes.

#JusticeForWalker

Counsel for Brown family: They are the critical decisions I am focussing on at the moment. Now, effectively, when you say "public safety" as you did in your evidence, you are referring really, to the safety of police and police property aren't you?

Nobbs: Definitely not, no.

Counsel for Brown family: You mentioned, in your evidence, that you were concerned that culturally, there might be an attempted retribution towards police, is that your view?

Nobbs: Correct, yes.

Q: Are you referring to a concept of payback are you?

A: Correct, yes.

Q: ...you spoke about the cultural sensitivities around the issue of telling family about the passing of their loved one, or permitting family to see him before he passed. But I think you’ve just said, it’s not just that. It’s really plain old humanity, isn’t it?

Nobbs: Yes.

Q: these decisions cause anger & offence, but also psychological harm to members of his family?

Nobbs: I acknowledge that still probably causing it... Something that doesn’t sit comfortably with me. As I said in my evidence, I’m a different police officer because of this night.

Counsel for Brown Family : Would you concede the reasonable possibility, that at least by 12am when Mr Robertson makes that phone call, that he could have & indeed should have, been told the truth?

Nobbs: No...

1/2

Nobbs cont: My position from the moment, was that until I established sufficient capability within community, & the arrival of the TRG at 1.30 am, and not only the arrival, but then we had opportunity to robustly develop a communication strategy. And that was considered...

2/2

Counsel for Walker, Lane and Robertson families: Do you accept that having unknown police in the community conducting high visibility patrols during sorry business would have been something that would be concerning to the Yuendumu community?

Nobbs: No, no, not at all.

Q: What about if they were armed with longarm rifles?

Nobbs: Certainly, yes. The high visibility deployment is, there’s a multitude of options. It’s drive around the community. It’s go to the basketball court and play basketball w the kids. It’s a whole multitude of things...

Q: But you’ve seen the videos now of what occurred?

A: Correct, yes – seen snippets of what I’ve been provided within these proceedings...

#JusticeForWalker

Q: The footage that was depicted in those videos, wasn’t of police officers going into the Yuendumu Community, playing basketball, and providing reassurance, correct?

Nobbs: I’ve indicated already that I don’t accept how and why that occurred.

#JusticeForWalker

Q: In your interview with investigators on 29 Nov 2019, you told them that you viewed the community as challenging, correct?

Nobbs: Agreed, yes.

#JusticeForWalker

Q: As lacking in resilience, correct?

Nobbs: As a broad proposition, yes. So I agree I said that. I don’t know whether that was a fair characterisation, but certainly said at the time, and agree, that some elements of the community lack resilience, yes.

#JusticeForWalker

Q: So did you hear complaints – hear about complaints regarding members of the IRT, when you went to those fortnightly meetings?

Nobbs: I would hear about complaints involving the whole police – the composition of the police station, so short answer is yes.

#JusticeForWalker

Q: Superintendent, last time you gave evidence, you were asked about the racist terms of some text messages that were put in front of you?

Nobbs: Correct, yes.

Q: Your Honour asked whether you had heard such terms in the general community in Alice Springs and you said “I’ve seen it sort of deteriorate over the years as a relatively intolerant community.” Are you talking about Alice Springs?

Nobbs: Yeah, again, as a generalisation...

Q: So, racism of course, as you would understand, can take many forms, not just words, but attitudes and actions?

Nobbs: Correct.

Q: And can be a system that disregards people because of race and treats them differently accordingly. Do you understand that?

A: Agreed, yes.

Q: Has it ever occurred to you that some of your colleagues’ excessive use of force might be driven by a lack of human empathy with the people they are arresting?

A: As a general proposition, I accept that, but again, that’s a generalisation...I accept the potential nexus, yes.

Q: The potential nexus is very real when nearly 100 percent of the people who get arrested are Aboriginal people, right? Do you accept that?

Nobbs: The potential nexus, yes, is real.

Q: To label any individual as a racist is a very significant conclusion to make & every decision about use of force, impropriety in policing in any way would need to think 2, 3 and 4 times before you’d jump to that conclusion?

1/2

Nobbs: Certainly, if you’re going to take the extraordinary step to call someone a racist, you’d better make sure that you’ve got an evidence base to support such an assertion.

#JusticeForWalker

2/2

Q: Mr Nobbs, wherever this topic is considered, the racist gets the benefit of the doubt. What do you say about that?

Nobbs: No, I don’t - - -

Q: What about the system? How do you judge the system? Do you give the system the benefit of the doubt?

A: Please explain the question

That concludes our summary for Monday 31st of October. The inquest into the death of Kumanjayi Walker continues.

You can find a link to the full transcript, the daily live stream, files and exhibits here:

justice.nt.gov.au/attorney-gener…

#JusticeForWalker