Detective Senior Sergeant Andrew Barram returned to the stand to give more expert testimony about the night Constable Zachary Rolfe shot and killed 19-year-old Kumanjayi Walker on Warlpiri land in November 2019.
The key prosecution witness wrote four reports on the shooting and examined the body-worn camera vision of all the Immediate Response Group members, and it was his view that Constable Rolfe was justified when he fired the first shot.
“Because he was confronted at close range with an edged weapon, he was actually stabbed in the shoulder and it would’ve been reasonable to believe his partner was also at that point in danger," Snr Sgt Barram testified today.
Constable Rolfe has pleaded not guilty to murder and two alternative charges of manslaughter and perpetrating a violent act causing death.
Prosecutor Philip Strickland then asked Det. Snr Sgt Barram if it was, in his opinion, reasonable or necessary for Constable Rolfe to fire the second and third shot.
“No," he replied.
"They’ve gone from a standing position in fairly equal fight to being on the ground with Constable Eberl on top and pinning Kumanjayi Walker down."
"As far as the fight was concerned, or the arrest of Mr Walker, the firing of those two shots made no difference to the tactical situation"
Constable Eberl wrestles with Kumanjayi Walker in body-worn vision of the incident. Source: Supplied: Supreme Court of the Northern Territory
Officer Barram added that verbal commands should’ve been used once Constable Rolfe had drawn his firearm.
"Yes, that's what we're taught: 'Drop the knife', 'Police', 'Don't move.'"
During cross examination, Constable Rolfe’s defence team produced a Facebook video of a police shooting in the United States that Detective Senior Sergeant Barram had shared a month before the shooting in Yuendumu.
The video shows a man armed with a knife attacking police even after being shot multiple times.
The defence used the video as an example of police tactics and training where officers are taught to shoot at the central body mass of a person threatening police.
“And it’s the shooting at the centre of seen mass, which is the instruction that was given to Zach Rolfe, and indeed all other police officers when they start?" questioned Mr Edwardson.
"Yes," replied Det. Snr Sgt Barram.
Mr Edwardson then raised the limitations of body-worn camera vision, which Officer Barram had relied upon to write his reports on the Yuendumu shooting.
“Zachary Rolfe didn’t have the luxury of pushing the pause button did he?” asked Edwardson.
“Of course not," replied Officer Barram.
“He had to respond instinctively and intuitively, consistent with his training, to a very dangerous and dynamic situation?"
"Yes.”
Detective Senior Sergeant Andrew Barram is expected to be further cross examined by the defence when the trial resumes tomorrow.
