Police assault claims against Canberra Raiders centre Curtis Scott have been dropped after police body-worn camera footage was shown to a Sydney magistrate.
The 22-year-old was charged with seven offences, including two of assaulting a police officer, following Australia Day celebrations in Sydney.
Police alleged they were alerted when Scott was seen acting erratically on Regent Street at Paddington before finding him asleep near Driver Avenue at Moore Park in the early hours of January 27.
He was accused of assaulting a female constable and male senior constable before being tasered, arrested and taken to Surry Hills Police Station.
In the hours leading up to the incident, Scott posted to social media videos of himself partying with Raiders teammates at The Ivy nightclub in the Sydney CBD.
In the Downing Centre Local Court on Wednesday, prosecutors showed 72 seconds of police bodycam footage showing Scott slumped against a tree when attempts to rouse him failed.
Magistrate Jennifer Giles commented: “It's drawing a very long frightening bow to argue police can handcuff someone they are trying to wake up while sleeping under a tree.”
The prosecutor then withdrew the two counts of assaulting a police officer, one of resisting an officer in execution of duty, one of behaving in an offensive manner and one of remaining on Trust lands after being requested to leave.
All charges against Curtis Scott dismissed
On Thursday, all remaining charges against Scott were dismissed after graphic body-cam footage of police tasering him was played.
Magistrate Giles said she did not have the “stomach” to watch the 22-year-old being tasered a third time after two separate videos showed Scott being pepper-sprayed and tasered after he was handcuffed.
A drunk and disorientated Scott can be heard saying “I'm getting dressed” before repeating that he has “done nothing wrong”.
Trying but failing to drag him onto his feet police administer pepper spray into his face which causes him to moan and yell he is “f***ing dying”. He swats police away with his hands in cuffs.
Mr Macedone says the tasering that follows was inappropriate and unwarranted after Scott followed officers' instruction not to resist arrest and merely “raised his voice”.
Scott was originally charged with seven offences including two for assaulting a police officer, but all were dropped bar two on Wednesday.
Scott had pleaded guilty to two counts of behaving in an offensive manner near a public place.
Mr Macedone said Scott lost a Nike sponsorship as a result of the charges, while the “NRL came down so hard on him” he was worried he would lose his career.
On Thursday the magistrate dismissed the remaining matters, saying Scott had already experienced enough punishment and been made an example of.
“Being capsicum-sprayed while handcuffed and not decontaminated for 19 minutes is much worse than any punishment I can inflict on you,” she said.
She said the experience had taken its toll on the NRL player who has since remained sober for more than five months, and that he was unlikely to repeat similar behaviour.
Mr Macedone argued legal costs of more than $100,000 be paid for by the police prosecution team, saying the initial investigation was “unreasonable”.
Ms Giles is set to hand down her decision about costs on September 25.