The murder trial of NT Police Officer Zachary Rolfe, which is set to start next month, may face yet more delays in the event that a juror contracts COVID, the court has heard.
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Rolfe stands charged with murder over the fatal shooting of 19-year-old man Kumanjayi Walker in the remote Central Australian community of Yuendumu in November 2019.
He has pleaded not guilty to murder as well as two alternative charges of manslaughter and reckless conduct causing death.
His three-week trial is set to start on February 7 after numerous delays because of COVID-19, as well as a High Court challenge.
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However, the court heard on Thursday morning that COVID-19 may once again get in the way of the trial going ahead as planned.
During a brief appearance in the Darwin Supreme Court, Crown Prosecutor Philip Strickland SC raised concerns about the potential impacts of one of the 12 members of the jury contracting COVID-19 during the trial.
"If a juror does contract COVID during the trial, will it be regarded that the other jurors are in close contact such that the whole trial will be delayed for seven days or for however long people are required to isolate?" he asked.
"I think that is something that I will need to at least attempt to get some advice [on] from the Chief Medical Officer," Justice John Burns replied.
The court also heard it may not be possible for the public to watch the trial because of COVID-19.
"I'm hopeful that the public will be able to watch from the court room, but again, much depends on the COVID arrangements," Justice Burns told the court.
"So if, for example, it's necessary to take up a significant portion of the public area to provide safe seating for the jury, then it would certainly be highly des to have some sort of AVL link to another court room."
Rolfe's trial was initially set to take place in mid-2021, but was delayed a number of times because of COVID-19 travel restrictions.
The trial was stayed once again in August last year when the prosecution appealed a decision by the full court of the NT Supreme Court, allowing Rolfe's lawyers to rely on the "good faith" immunity clause in the Territory's Police Administration Act.
The High Court full bench unanimously allowed the appeal, meaning the "good faith" defence will be subject to other constraints.
On Thursday, Justice Burns also rejected two applications each made by the prosecution and the defence regarding the use of certain evidence in the trial.
The matter will return to court on January 31 for further discussion about COVID-19 measures.
