Policeman Zachary Rolfe’s murder trial over the outback shooting of an Indigenous man shall be delayed again as Australia’s absolute most life like court decides whether or now no longer to enable a key tenet of his defence.
The constable is charged with the murder of 19-year-dilapidated Kumanjayi Walker, shot three instances in the a ways flung Northern Territory neighborhood of Yuendumu in November 2019.
The High Court on Friday agreed to contain in mind a prosecution effort to Rolfe’s good workers relying on an immunity clause contained in the territory’s Police Administration Act.
This clause affords a protection for officers from civil and criminal prosecution for certain actions if performed in factual faith during the exercise of police energy.
Its interpretation is central to Rofle’s pending trial in the NT Supreme Court, with Philip Strickland SC fearing it may perchance per chance well culminate in an “incorrect” acquittal by the jury.
“In the actual conditions of this case, the murder of an Indigenous man … an acquittal on an incorrect foundation may perchance well well composed now no longer be tolerated as a result of it would even be cured by this court,” the prosecutor informed the High Court.
He also stated the final ruling on Rolfe’s defence would contain primary repercussions for using police controls, with replace cases in South Australia adjourned pending the tip result.
Acting for Rolfe, Bret Walker SC argued for special leave to be rejected.
Judges referred the applying to be regarded as by the paunchy bench at a later date.
The accused, on bail, used to be in Canberra for the decision.
His trial used to be previously pushed encourage from August correct an hour sooner than the already twice-delayed proceedings had been slated to begin since the High Court granted a shield over the field.