Youtube streaming of NT police officer Zachary Rolfe's murder trial raised as concern in court

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<i>The cop is in court because the deceased is black. No other reason</i>

The murder trial of Constable Zachary Rolfe could be streamed on YouTube to Alice Springs and the remote community of Yuendumu, where 19-year-old Kumanjayi Walker died in November 2019.

At a pre-trial hearing in the Northern Territory Supreme Court today, Chief Justice Michael Grant said the court's administration was hoping to allow the broadcast of proceedings. He said it would be streamed to the courthouse in Alice Springs and at the school in the community of Yuendumu, about 300 kilometres north-west of Alice Springs.

"There would be a facilitator [in Darwin] who would close down the broadcast whenever court is closed, whenever arguments are being made in the absence of the jury and otherwise, whenever the trial judge ordered," he said.

Crown Prosecutor Sophie Callan said the prosecution would not oppose the streaming of the trial to Yuendumu, but questioned whether other members of the public could access it.

"I think the question, your Honour, is whether it's some form of private YouTube channel or access to which others could, would be restricted," she said.

Constable Rolfe's defence lawyer, David Edwardson QC, said he had concerns about whether this would mean witnesses could potentially access the proceedings.

"We'd be most concerned if the public — the wider public — could access it outside of the hall," he said.

"How would the court envisage ensuring that nobody who accessed the hall, for example, at Yuendumu, was in fact a witness or potential witness in the proceedings?" he asked the court.

Justice Grant acknowledged the concerns but reminded lawyers that any member of the public would be entitled to come to court and watch the proceedings.

"I imagine it will be possible to have a police officer located in the school hall at Yuendumu, able to give effect to any order the trial judge makes for witnesses to remove themselves from the premises," Justice Grant said.

He said he would raise the matter with court staff.

The matter will return to court at the end of March.

https://www.abc.net.au/news/2021-02-23/nt-zachary-rolfe-pre-trial-kumanjayi-walker-youtube-streaming/13183214

Geelong police officer Sergeant David Magher found guilty on two counts of assault

A Geelong police officer has been found guilty of assault after kicking a man in custody three times to the side of his body.

Sergeant David Phillip Magher was charged with three counts of assault and suspended in 2018 by Professional Standards Command after kicking Andrew Birch as he was being transferred from a divisional van to a holding cell at Corio Police Station.

After a six-day contested hearing in the Geelong Magistrates' Court, Magistrate John Lesser found Sergeant Magher guilty of two counts of assault and dismissed a third count.

Magistrate Lesser said while in his view the first kick was "unnecessary", he could "not be satisfied beyond reasonable doubt the kicking action was not proportionate and reasonable".

"The second and third kicks stand out as of a completely different character to the first," Magistrate Lesser told the court.

"The level of force inflicted on Mr Birch [was] entirely inconsistent with the other members at the time, who had apparently obtained a measure of control of Mr Birch.

"They stood out as gratuitous and unnecessary and could not be justified as reasonable and proportionate use of force. As a result, there can be no justification for the use of force in those two kicks … which were delivered with considerable force.

"In the heat of the moment, Sergeant Magher crossed the line from the reasonable and proportionate … to the excessive and disproportionate and unjustifiable and therefore unlawful use of force on Mr Birch."

On September 21, 2018, then 36-year-old Mr Birch was arrested outside Corio Village Shopping Centre over a suspected armed robbery involving a knife and taken to Corio Police Station.

Security footage from the police station, played to the court, showed Mr Birch lunging towards Senior Sergeant Ian Kerin as he exited a police divisional van.

Sergeant Magher, who has been a police officer for more than 20 years, then kicked Mr Birch as he and Senior Sergeant Kerin pulled Mr Birch to the ground.

Mr Birch received two more kicks from Sergeant Magher as he was lying on the ground on his stomach with his handcuffed wrists pulled straight out in front of him and legs straight out behind him.

Magistrate Lesser dismissed the first kick on the grounds it could have been used as a tactic to make Mr Birch comply but ruled the two other kicks were excessive and unjustified.

Ten police witnesses were cross-examined during the hearing. All officers involved in Mr Birch's arrest agreed he resisted arrest, spat at officers, and screamed profanities.

Defence lawyer Stewart Bayles argued the kicks were "reasonable" and "proportionate" and were used by Sergeant Magher to protect the officers and himself from Mr Birch kicking out and spitting and to stop him from escaping.

In his closing remarks, Mr Bayles told the court a reasonable use of force "should not be equated with perfect or even best practice".

Crown prosecutor Sarah Thomas argued the kicks were an "excessive use of force that was not needed to seek compliance" and were instead used to punish Mr Birch for resisting arrest.

"When you view the video the inescapable conclusion is that these were three acts of gratuitous violence … toward someone who had given the police officers arresting him a hard time," she told the court.

Ms Thomas argued Mr Birch had stopped struggling "many seconds before" Sergeant Magher kicked him the second and third time.

She said all the officers, including Sergeant Magher, appeared relaxed on the CCTV as they prepared to move Mr Birch to a cell.

"The suggestion Mr Birch was on the ground for a lengthy period of time because he continued to be non-compliant, the suggestion by Mr Magher [Mr Birch] was kicking throughout, that was simply not correct," she said.

The court was told Superintendent Craig Gillard and Acting Inspector Michael Ryan reported Sergeant Magher to Professional Standards Command after Sergeant Magher admitted he used capsicum spray on Mr Birch twice during the arrest and told Acting Inspector Ryan: "I just wish I could delete the CCTV."

Mr Bayles argued his client never said that and accused Acting Inspector Ryan of lying.

Sergeant Magher will return to court later this week for sentencing.

https://www.abc.net.au/news/2021-02-23/geelong-police-officer-found-guilty-of-assault/13183434

Corrections officer charged over shooting death of Indigenous man

<i>Why?  It was part of an officer's duty to fire on a fleeing offender to prevent him escaping.  The Aboriginality of the offender explains the charge.  Blacks are innocent, don't you know?  All shootings of blacks are therefore suspect

It is true that shooting a fleeing felon in the back is disallowed for police -- with some justification.  But prison officers have their own rules and they are allowed to shoot at a fleeing felon if the felon would otherswise escape.  

And the guy fleeing in this case was a real bad egg who had previously got away with heaps.  So there was no call for mercy </i>

A NSW Corrective Services Officer has been charged with the manslaughter of an Indigenous prisoner who was fatally shot while handcuffed outside a hospital in northern NSW.

Wiradjuri man Dwayne Johnstone, 43, was shackled and running away from two corrections officers at Lismore Base Hospital when he was shot in the back on March 15, 2019. He was immediately treated in hospital but died a short time later.

Richmond Police District established Strike Force Degance to investigate.

Mr Johnstone’s death was the subject of an inquest before State Coroner Teresa O’Sullivan, who on the third day of proceedings referred the matter to the Director of Public Prosecutions.

Police say that, following extensive inquiries, a 57-year-old man attended Lismore police station on Friday and was issued with a court attendance notice for an allegation of manslaughter.

He is due to face Lismore Local Court on March 29.

The inquest heard Mr Johnstone, who had a history of escaping custody, had been taken to hospital while on remand after having an epileptic seizure in the cells of Lismore Court House, where he had been denied bail on assault charges.

As he was escorted back to the van by two corrections officers – one of whom was armed with a revolver – he “elbowed” the unarmed officer who had a grip of his pants, throwing him off balance, and started running. The officers cannot be named for legal reasons.

The inquest heard the armed officer fired three shots, and the third shot hit Mr Johnstone in the mid-back, going through his aorta, liver and diaphragm.

Counsel assisting the coroner Peggy Dwyer told the inquest in October that armed corrections officers carry guns but, unlike police, are not equipped with non-lethal weapons, such as Tasers, extendable batons or capsicum spray.

She said corrections officers might legally discharge firearms in a number of circumstances, including “to prevent the escape of an inmate” – with a number of provisos, including that a warning must be given and there cannot be reasonable grounds to believe the shot could hit another person.

https://www.smh.com.au/national/nsw/corrections-officer-charged-over-shooting-death-of-indigenous-man-20210205-p56zy9.html