Constable Zachary Rolfe could become the first police officer to be convicted in Australia of unlawfully killing an Indigenous person.
Rolfe shot Kumanjayi Walker three times in a bedroom of his family home in the central Australian Indigenous township of Yuendumu during an attempted arrest on Nov. 9, 2019.
Walker had stabbed Rolfe with a pair of scissors during a struggle. The murder charge relates to the second and third shots that killed the 19-year-old and that prosecutors allege were unnecessary.
Three High Court judges on Friday agreed to hear a challenge by prosecutors to the Northern Territory Supreme Court’s interpretation of defenses available to Rolfe.
Five Supreme Court judges found that Rolfe could claim immunity from criminal liability under a law that protects police officers acting “in good faith in the performance or purported performance” of law enforcement duties.
The judges ruled that a jury should decide whether Rolfe’s actions fitted the criteria of the immunity clause.
But prosecutors had argued that that defense should not be available to Rolfe.
Body-cam footage allegedly recorded Rolfe explain that he fired the fatal shots to prevent his partner Constable Adam Eberl from being stabbed.
Prosecutors argued that because Rolfe was protecting Eberl, he was no longer trying to arrest Walker and was therefore not indemnified by the Northern Territory Police Administration Act.
Prosecutor Philip Strickland told the three High Court judges on Friday that if their court did not decide the indemnity question, Rolfe could be acquitted on an incorrect interpretation of the law.