The Northern Territory's Chief Forensic Pathologist has appeared before Constable Zachary Rolfe's murder trial, telling the jury that scissors wielded by Kumanjayi Walker could not have been lethal.
Dr Maryanne Tiemensma detailed her extensive knowledge and experience before the court, including more than 15 years in forensic pathology, three of those as the NT's top forensic pathologist.
In August 2020, Dr Tiemensma prepared a report for the director of public prosecutions to consider the capacity of the scissors Kumanjayi Walker stabbed Constable Rolfe with “to cause a penetrating injury.”
Constable Rolfe shot the 19-year-old in 2019 during a failed arrest in the remote town of Yuendumu, and is currently on trial for murder and alternative charges. He has pleaded not guilty.
Dr Tiemensma said in assessing the scissors, she considered three things; how sharp they were, the speed or force with which the scissors were deployed, and the movement of those involved in the attack and any protective clothing they may have been wearing.
She said Kumanjayi Walker was restrained almost immediately by Constable Adam Eberl and was restricted in his movements.
“I don’t think in these circumstances, with these scissors, it could’ve caused significantly penetrating injuries,” she told the court. 
She was also asked to comment on Friday’s evidence from trauma and burns specialist Dr Keith Towsey, where he said the scissors could be potentially lethal if Constable Rolfe was stabbed in the neck.
Pathologist Marianne Tiemensma performed an autopsy on Mr Walker's body three days after he died. Source: NITV
“In this case, Mr Rolfe is able to step backwards," said Dr Tiemensma.
"The tip of the scissors is blunt and thick, so it’s going to cause tearing rather than cutting of the tissue.
"And if you look at the injuries to Mr Rolfe’s right shoulder, you can see it’s not a clear cut or incised wound. It’s a laceration, and that gives you an idea as to how blunt this object is."
"I don’t think that pair of scissors would have caused fatal injury to the carotid artery.”
Under cross examination by Rolfe’s defence lawyer David Edwardson QC Dr Tiemansma, admitted she had not physically examined the scissors before writing her report to determine how sharp they were.
"When was the first time you actually physically saw the scissors as opposed to the photograph that was sent to you by email?" questioned Mr Edwardson.
"I saw the scissors last week," replied Dr Tiemensma.
In a sometimes tense exchange, Mr Edwardson pushed Dr Tiemensma on her testimony.
"Can I ask you this: How do you determine whether they’re sharp or not from those photographs?"
"Because you can see. You can see... it’s not a sharply, shiny thin edge," replied Dr Tiemensma.
Dr Tiermensma also told the jury she expressed concern about being the only expert to provide a report on the scissors.
“I don’t think it would be appropriate for me to give the only formal opinion in this matter, as I performed the autopsy and may be accused of bias?”
No other reports were done.
Dr Tiemensma also conducted an autopsy report on Kumanjayi Walker’s body three days after the shooting and confirmed only one of the shots had proved fatal.
She confirmed it was either the second or third of the three shots that caused the fatal damage to the 19-year-old’s spleen, liver, kidney and lung.
Towards the end of the day's hearing, the third and final member of the Immediate Response Team responsible for Kumanjayi Walker's arrest took to the stand for the first time.
Sergeant Adam Eberl entered house 511, where Kumanjayi Walker was found, with Constable Rolfe on 9 November 2019.
It was the then-Constable Eberl that wrestled the 19-year-old to the mattress after Constable Rolfe fired the first shot.
The court heard officer Eberl had been in the Territory police force for about 7 years, and had also practised a number of martial arts, including Jujitsu, Kung Fu and Aikido, for at least a decade.
Constable Adam Eberl was present in the room when Kumanjayi Walker was shot. Source: Supplied
Prosecutor Philip Strickland questioned officer Eberl about the events immediately preceding the shooting.
“When you saw Kumanjayi Walker coming towards you, did you see his hand in his pocket? Either hand in either pocket?” he asked.
“When I was there, no, not until watching the body-worn after the [shooting], I had noticed,” replied the officer.
“Did you believe at that time he was dangerous?”
“No.”
Sergeant Eberl will return to the witness stand tomorrow when the trial resumes.
