Scott police assault charges dropped after court rules arrest 'unlawful'
Canberra player Curtis Scott has had the more serious charges of his legal matter thrown out after a magistrate declared his arrest on the Australia Day weekend "unlawful".
Scott was handcuffed and arrested by police at Moore Park while sitting under a tree before he was pepper-sprayed and Tasered.
He was charged with seven offences as a result, including the assault of two police officers.
Body-worn police footage was played to the court on Wednesday, showing the moment officers found Scott under the tree about 2am on August 27. The footage showed Scott asleep with his arms folded in a floral blue shirt before officers attempted to wake him.
Officers then grabbed at his earlobe three times in an attempt to wake him to which Scott reacted by lashing his arms.
After viewing the vision three times, Magistrate Jennifer Giles ruled the act of Scott being handcuffed while he was asleep was not lawful. Police subsequently withdrew five of the serious charges.
"I have to say it is drawing a very long and frightening bow to argue that the police can handcuff someone they are trying to wake up who is sleeping under a tree that is not under arrest," Ms Giles said.
Body-worn police footage was played to the court on Wednesday, showing the moment officers found Scott under the tree about 2am on August 27.Credit:Rhett Wyman
Scott will now be sentenced at a later date for the two offences to which he had previously pleaded guilty.
He was handed two charged of "public nuisance" after kicking a bike and throwing a phone at a car in Paddington just after midnight, prior to falling asleep under the tree at Moore Park.
More to come