The Kumanjayi Walker inquest ended its fourth week of evidence shrouded in questions of procedural fairness after revelations that one of the legal teams might have a conflict of interest.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains an image of a person who has died, used with the permission of their family.
The inquest heard candid evidence from a senior member of the Northern Territory police force that racism could be a bigger issue in the NT police force.
Superintendent Jody Nobbs told the coroner that he did not believe that the specialist police group Constable Zachary Rolfe was part of the plan he had designed on the night that Mr Walker was fatally shot in 2019.
Constable Rolfe was found not guilty of three charges relating to the 19 year old's death.
Ian Freckleton AO KC, counsel for the Northern Territory Police, raised the matter of fundamental fairness.
The coroner said he did not feel that he could represent every member of the force who was due to give evidence in proceedings.
The coroner said those affected by what was said yesterday, how it was said yesterday and what may be said today are entitled to assertive representation, Dr Freckleton told the coroner.
We would be deeply troubled if some of the members of the Northern Territory Police Force were not adequately and assertively represented during these proceedings when matters touch upon various members, given the language that has been employed. At inquests, lawyers represent their client's interests in the proceedings and have the right to cross examine witnesses with those interests in mind and raise objections on their behalf.
There are eight parties in this coronial inquest.
Superintendent Nobbs was due to give evidence today, but was asked to return at a later date because of the concerns.
Yesterday, the coroner heard that Constable Rolfe was sent to Yuendumu to arrest Mr Walker and carry out general policing duties as part of the specialised Immediate Response Team IRT As the person who designed the plan, Superintendent Nobbs said he did not believe that his plan was followed the night Mr Walker died.
The coroner heard from Constable Rolfe's counsel, David Edwardson KC, that Dr Freckleton's position became obvious in extreme, during yesterday's evidence, given the senior officer's opinions on the IRT's conduct, and Dr Freckleton currently represents both the IRT and Superintendent Nobbs.
Counsel assisting Patrick Coleridge told the coroner that the individual who was instrumental in developing the plan might have opinions about how the plan was executed, and that she would have thought Superintendent Nobbs' evidence could have been anticipated, according to counsel assisting Patrick Coleridge.
The coroner said she hoped that these matters would be sorted out by the end of the three-month inquest, after hearing brief testimony from senior Sergeant Shaun Furniss.
Evidence is expected to be heard until December and there are some planned breaks that have become sitting days, which was originally set to finish at the end of November.
The inquest will hear legal arguments in relation to objections raised by Constable Rolfe's barristers at the beginning of proceedings, before wenesses are called from October 10.