Dramatic footage of NRL star Curtis Scott being tasered by police has been played in court a day after a series of charges laid against him following boozy Anzac Day celebrations were sensationally dropped.
Extended vision of what Scott’s lawyer claims was an “unreasonable or unlawful” arrest underpins an application for NSW Police to pay the costs of his nine-month legal battle, which total more than $100,000.
Magistrate Jennifer Giles accepted his guilty plea to other minor charges on Thursday but did not record a conviction. She told Downing Centre Local Court no punishment she handed down could match the events of his arrest.
“My client is innocent and we had to fight pretty hard and pretty long to get this decision,” Scott lawyer Sam Macedone said outside court.
Scott told reporters the ordeal had been a “really tough time in my life” that he was hoping to put behind him, although Mr Macedone said they would explore bringing a civil case against the police.
It came after serious allegations of assaulting and resisting police were dropped in court on Wednesday, when the first snippets of revelatory police body cam footage showed the incident for the first time.
The Canberra Raiders outside back was intoxicated and barely conscious as he was arrested just metres from NRL headquarters in Moore Park, about 2.10am on January 27.
In the extended footage played on Thursday, Scott, 22, was doused with capsicum spray and tasered after police found him sleeping peacefully on his back at the base of a fig tree.
The clearly confused footballer can be heard telling police he was “getting dressed” before changing to a repeated line of “I’ve done nothing wrong” after he was handcuffed and ordered to get to his feet.
It then shows one officer deploy his taser as Scott remains on the ground, handcuffed and moaning in pain after copping pepper spray in the face, having resisted efforts to stand him up.
“Stop otherwise you’ll be tasered,” he was warned.
Scott writhes and screams out in agony before falling silent, when Senior Constable Chris Bucknell tells him: “You lash out again, I’ll f**king taser you again.”
The footage revealed Scott was asleep when police first came across him.
They tried rouse him by pinching his ear before handcuffing him without formally placing him under arrest.
“Don’t resist, mate,” one of the officers says as Scott lays slumped in the roots of a fig tree, his eyes closed.
“I’ve done thing wrong,” Scott says before being told he is trespassing. “I’ve done f**k all wrong.”
Sergeant Rebecca Becroft withdrew five charges – two of assaulting police, one of resisting arrest and another of indecent behaviour – after Magistrate Jennifer Giles described the police argument that the officers were within their rights to handcuff an unconscious man as “a very long and frightening bow”.
But Sgt Becroft on Thursday asked Magistrate Giles how else police were supposed to move on a person she claimed was “absolutely, tragically affected by drugs or alcohol”.
She said the officers could have ended up in the Coroner’s Court if they left him to continue his slumber, pondering whether Scott could have choked on his own vomit, got into a fight or fell out onto the roadway and being hit by a car.
The officers didn’t go in with “guns blazing” she said, and gave him “ample opportunity to get up and get out of there”.
“At the time police were acting on the circumstances they were faced with,” Sgt Becroft said.
Separate footage of Scott’s drunken night through the streets of Paddington before he settled to sleep in Moore Park was also played to the court.
Scott was sentenced for two counts of offensive behaviour in public, having pleaded guilty to those charges at an earlier court date. No conviction was recorded.
CCTV showed him kick and stomp on a bicycle chained to a pole on Regent St, before he punched the driver’s side door of a taxi and threw his mobile phone at a passing Suzuki Swift.
Mr Macedone said Scott had been drinking at the Ivy in Sydney’s CBD and had no recollection of how get got to Moore Park.
He has not drank alcohol for five months and was mentoring Canberra Raiders’ under-16s team about the impact of alcohol, the court heard.
In dismissing the charges Magistrate Giles said Scott had already been punished by the intense media scrutiny surrounding the incident and stress at possibly losing his career
“You are clearly a smart person Mr Scott, you are the kind of person on whom this experience has not been wasted,” she said
“Being capsicum sprayed whilst you are handcuffed and not decontaminated for some 19 odd minutes, that’s much worse than anything I can do to you.”
She will deliver he decision on the costs application on September 25.