The policeman who shot and killed Australian woman Justine Damond may escape punishment over the July shooting.

Mike Freeman, the prosecutor handling the case, told an activist group in Minneapolis he did not have enough evidence to lay charges.

Officer Mohamed Noor has been refusing to cooperate with investigators, and Hennepin County Attorney Freeman is yet to charge him over the incident.

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The policeman who shot and killed Australian woman Justine Damond (pictured) may escape punishment over the July shooting

Mike Freeman, the prosecutor handling the case, told an activist group in Minneapolis he did not have enough evidence to lay charges against Mohamed Noor (pictured)

A video of Mr Freeman speaking to activists from a group called Twin Cities Coalition for Justice 4 Jamar at an event on Wednesday was posted on Facebook.

When asked why Noor has not been charged, Mr Freeman made a series of statements about the case, but it is unclear if he knew he was being filmed.

'I've got to have the evidence, and I don't have it yet,' said Mr Freeman.

'Let me just say it's not my fault. So if it isn't my fault, who didn't do their job? Investigators. They don't work for me. They haven't done their job.'

'Fair question,' Mr Freeman said repeatedly when challenged by activists, who said they did not understand why Noor was not facing court.

'I have to prove beyond a reasonable doubt, the moment he shot the gun he feared for his life, and he used force because he thought he was going to be killed,' he said.

Officer Mohamed Noor has been refusing to cooperate with investigators, and Hennepin County Attorney Freeman is yet to charge him over the incident (pictured is Ms Damond)

'But he won't answer my questions. … I can't talk to her because she's gone, and the other cop just gave us s***.

'So guess what, I've gotta figure out angles of the shot, gun residues, reckless use of force experts

'But if you look at this, here's a nice lady who hears something bad outside, she calls the cops, they don't come, she calls again, they drive up in her alley, and she comes out in her jammies and she's killed by a cop.

'Sounds easy doesn't it? Can I prove that the cop shot her? I could have done that the first day.

Mr Freeman went on to say he was bound by legal procedure and had to prosecute the case in the proper manner.

A video of Mr Freeman (left, right) speaking to activists from a group called Twin Cities Coalition for Justice 4 Jamar at an event on Wednesday was posted on Facebook

'Would you like me to charge your friend just because I think maybe he did it, and let a jury decide?' Freeman said on the videotape. 'I'm ruining his life by doing [that].'

He finished by saying: 'Trust me, nobody wants it done more than me. That's the big present I want under the Christmas tree.'

Mr Freeman's reasonable doubt comments caused confusion, as he appeared to be using an argument the defence team would take - that Officer Noor feared for his life.

The lawyer for the Damond family said his clients were 'deeply distressed and unhappy' about Mr Freeman's comments, The Minneapolis Star Tribune reported.

'We expected a quality investigation that would be fair, complete and accurate, and apparently that hasn't happened,' he said.

Officer Noor's lawyer Thomas Plunkett also expressed concerns about the prosecutor's statements, calling the death a tragedy, but not a crime.

'No lawyer wants their client placed under a Christmas tree as a present to a vocal segment of the community,' he said.

'Investigators gather evidence, they don't create it. That is their job. I am concerned by any supplemental investigation — especially if it is directly overseen and influenced by the county attorney.'

Twin Cities Coalition for Justice 4 Jamar was formed after the November 2015 death of Jamar Clark, who was shot and killed by police during a struggle.

Group organiser and union member Sam Sanchez told Daily Mail Australia local official lack accountability for the deaths of Ms Damond and many others.

'We as community members and Union members in the public and private sector are not happy,' he said.

Ms Damond, 40, from Sydney's northern beaches, was shot as she stood outside the officer's patrol car in her pyjamas just before midnight.

She had called 911 to report a possible sexual assault near her home and had come outside to speak to the police.

Officer Noor was in the front passenger seat and shot across his partner and out the driver's side window, hitting Ms Damond in the stomach.