Canberra Raider's centre Curtis Scott has been cleared of the charge of assaulting police due to an error made in his arrest earlier this year, per Fox Sports.
Scott this morning pled guilty to two minor charges, but had five major charges including assaulting police and resisting arrest dismissed.
The crown prosecution case combusted after CCTV footage showed Scott was handcuffed by law enforcement officers whilst he was passed out.
Acting on behalf of Scott, barrister Murugan Thangaraj SC explained that as his client had not been told he was under arrest, the remainder of the case against Scott could not be heard.
“There is no power for police to handcuff someone who is not under arrest,” Mr Thangaraj said.
“If the police do handcuff someone, then they have been arrested because they have been detained.”
Scott was arrested in Moore Park earlier this year having been found passed out after consuming a large quantity of alcohol. Footage obtained by the attending police officers body cameras showed Scott slumped up against a tree and seemingly unconscious.
Police then used a combination of revival tactics including pinching Scott's nose, shining a torch into his face and rubbing his sternum.
This led Scott to wave their hands away before one of the attending officers said "Stop, don't resist, mate."
It was at this point that the outside back was handcuffed.
Mr. Thangaraj claimed that as his client had not been told that he was under arrest, that it was therefore unlawful for Scott to be placed in handcuffs.
He continued to state that as Scott was not actually under arrest, he could not be deemed to have assaulted police or have resisted arrest. Mr. Thangaraj then moved that the case be thrown out.
Presiding magistrate Jennifer Giles agreed with Mr. Thangaraj's contention, claiming that:
“It is drawing a very long and frightening bow to argue the police can handcuff someone they’re trying to wake up who is sleeping underneath a tree that is not under arrest."
The police prosecution withdrew their case upon Giles' ruling that Scott was not actually under arrest.
Mr. Thangaraj also contended that the short 72 second snippet of Police bodycam footage did not show the entirety of the incident.
The barrister stated that his client had had his ankle stepped on by police and that he was also subjected to a barrage of pepper spray that left him "writhing in tears and pain".
Mr. Thangaraj continued to state that Scott was assaulted by police after they allegedly punched him in the back several times.
Scott pled guilty to two minor charges of behaving in an offensive manor after abusing a Taxi driver in Paddington and throwing his mobile phone at passing vehicle.
