‘Why’d you tell that silly story?’: Zachary Rolfe’s bodycam footage played at inquest

Content warning: this article contains detailed descriptions of domestic violence.

Aboriginal and Torres Strait Islander readers please note that this article mentions deceased persons.

A victim of domestic violence later murdered by her partner was flagged as inclined to “make false statements” and later told by responding police officer Zachary Rolfe to stop telling “silly stories”, a coronial inquest has heard.

Bodycam footage from the former constable was played to the Alice Springs Local Court on Monday at an inquest into the deaths of four Aboriginal women killed by their intimate partners. Rolfe is heard telling the victim, Kumarn Rubuntja: “Why did you call us? Why did you tell that silly story? Now you’re going to lose all your grog.”

Addressing Rubuntja’s partner, Malcolm Abbott, Rolfe says: “Is she being annoying, ay?”

Just over a year later, in January 2021, the 46-year-old woman (a prominent campaigner against domestic and family violence) was killed by Abbott when he drove a car at and over her in front of the Alice Springs Hospital. In 2022, Abbott pleaded guilty to murder and was given a life sentence without parole. He had previously been jailed for various violent convictions, including manslaughter.

During the pair’s 20-month relationship, police documented 22 domestic violence-related incidents. Triple-zero calls for help began almost immediately, the first in May 2019 and the last in October 2020.

Then-general duties officer Rolfe — who in November 2019 fatally shot Indigenous teenager Kumanjayi Walker during an attempted arrest in Yuendumu — attended two of these police call-outs. The first was on October 11 2019 after a triple-zero call from Rubuntja that Abbott had a knife and was trying to stab her.

In phone recordings played to the court, Rubuntja asks the Joint Emergency Services Communication Centre (JESCC) call operator to “send the cops”. She provides her address, reiterates that she’s “in here with him”, and then stops responding to the operator’s repeated questions and warnings that he will terminate the call if she can’t respond. Rubuntja can be heard yelling in an Indigenous language to someone (who the inquest understands to be Abbott) on the other end of the phone. In English she shouts: “Where’s the fucking knife?”

Although the call was terminated, Rolfe and the other attending officer, Mark Sykes, were dispatched and arrived 10 minutes later. Bodycam footage from this first call-out was not retained by NT police, but in the written report by the two attending officers, Rubuntja was said to have “made up her story”. Rolfe and Sykes documented Rubuntja following Abbott around the yard of the house and Abbott showing “no signs of aggression”. The knife in question was said to be found by Abbott on the ground after a night out drinking with Rubuntja.

“On the walk home, Abbott found a pocket knife on the ground he liked. Rubuntja became jealous because she wanted the knife and Abbott would not give the knife to her. Rubuntja then called the police and made up her story,” the police real-time online management information system (PROMIS) entry read.

Rolfe and Sykes then placed Abbott under protective custody as “he was not welcomed for the night” and concluded there was “nil threat to violence”.

Rolfe visited the couple a second time on October 11 2019 after Rubuntja told a triple-zero operator that Abbott was “trying to do a suicide and stab himself”. Before dispatching police, the JESCC call-taker asks Rubuntja if she’s making things up: “You need to stop and you need to listen to me. Are you lying about the suicide?”

When Rolfe arrives on scene, he was greeted by Abbott out the front of the house. Rolfe took what special counsel assisting the coroner Peggy Dwyer described as a “jovial” and “joking” tone and asked Abbot if he wanted to kill himself and if he had a knife. Rolfe then told him to empty his pockets and lift up his shirt to show the officers that he was not carrying a knife.

“Good man,” he said.

The footage shows Rolfe moving inside to ask Rubuntja why she told a “silly story on the phone”. Rolfe is heard laughing when Rubuntja repeats that “he [Abbott] was trying to suicide”.

“No, he didn’t, no, he didn’t,” Rolfe said, before turning his attention to the alcohol on site. “You having some shower beers?” Rolfe joked before pouring out a few cans.

Counsel for NT police Dr Ian Freckelton KC told the inquest that Rolfe’s conduct wrongly linked a call for help with the loss of alcohol.

“She’s rung expressing concern about the suicidality of her partner and the first thing that Mr Rolfe says is, ‘Where’s all your grog?’” he said. “The focus has moved from whether Mr Abbott is a risk to himself and potentially therefore to her, to whether she’s got grog she shouldn’t have.”

NT Detective Superintendent Kirsten Engels added that Rolfe’s manner was inappropriate and presumptive, and that he failed to engage with Rubuntja about why she’d actually called police.

Appearing before the inquest, Rolfe’s lawyer, Luke Officer, disputed this assessment of his client, accusing Engels of “singling out” the former officer. Engels maintained that her role in each of the four inquests was to assess the behaviour of any and all police officers involved.

Officer also took issue with Engels’ expectation that officers could build rapport while maintaining authority and effectively acting on false complaints, declaring the general duties officers to be “only as good as the information that they glean from the records”.

Engels was clear: “No, I don’t agree with that. You’ve got a duty to do when you get there to talk to both parties or anyone that’s involved and still assess that job on its own merits … The alert’s there to guide you. It’s not there to predetermine the outcome.”

The “false statement” alert that was pinned to Rubuntja’s profile on July 7 2019 has since been removed as an option for NT police and triple-zero operators because of what Engels described as the potential for prejudgment.

The superintendent repeatedly told the inquest that although it may have influenced follow-up interactions with authorities, it is the role of police to make their own assessments when responding to a call-out.

If you or someone you know is affected by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.