News Curtis Scott arrested after Moore Park incident

Psycho Doggie

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NSW Police ordered to pay $100,000 in costs to NRL star Curtis Scott after 'terrifying' Sydney arrest
A Sydney magistrate has hit NSW Police with a $100,000 legal bill over the "terrifying" arrest of NRL player Curtis Scott in January.

Scott, who plays for Canberra Raiders, was charged with multiple offences including assaulting police and resisting arrest after he was found sleeping at Moore Park early on January 27.

But all charges were withdrawn or dismissed earlier this month after the court was shown footage from the officers' body-worn cameras.

Scott, who had been drinking on Australia Day prior to his arrest, appeared disoriented and was handcuffed, pepper sprayed and shot with a taser during the arrest.

His lawyer, Sam Macedone, sought $100,792.30 in costs, arguing the investigation was unreasonable and the prosecution never should have dragged on for eight months.

Magistrate Jennifer Giles today said the actions of Senior Constable Christopher Bucknell, who used the taser, were "terrifying".

He said the officer became "offended and frustrated" from arguing with a drunk man who was blinded by pepper spray and lying on the ground.

Magistrate Giles also criticised police statements which claimed Scott was "thrashing" and "lunged", which contradicted the footage.

"That's not an investigation," she said.

"That's a shoring up, seemingly with a consciousness of not having done things properly, one might think."


Police prosecutor Rebecca Beecroft was "at pains to plead that case of the hapless police", the magistrate said.

The prosecutor had argued police did the best they could in the circumstances and were worried Scott might have wandered onto the road and been hit by a car.

Magistrate Giles dismissed that as "absurd".

"I genuinely think Mr Scott might have been safer if he had wandered onto the roadway and been hit by a car," she said.

"Try to watch the bodycam footage without flinching, and not through your fingers, and try to remember that you're not watching gratuitous violence off the dark web."

The magistrate questioned why the prosecution was pressed for eight months, including a two-day hearing the the Local Court, where there is in excess of 82,000 cases waiting to be heard.

Mr Macedone had repeatedly attempted to warn police of flaws in their case, all the while making his costs clear, she said.

"It seems to me extraordinary that with no real prospect of success, in the face of all the matters and problems raised by Mr Macedone in his correspondence with the police hierarchy, the prosecution still elected to run this matter," Magistrate Giles said.

Outside court, Mr Macedone welcomed the decision and said he hoped police received better training, including about the appropriate use of pepper spray.

The NRL has recently recommended a $15,000 fine for Scott, but it may be suspended if he attends counselling and education programs.


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Psycho Doggie

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That pretty much seals it, the issue was exactly what plenty of us on here identified as a likely problem from the get go, Police heavy handedness.
 

CroydonDog

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How the fuck did his legals get to $100K?

[Edit: I know the answer as i spend a lot of time dealing with lawyers, but usually magistrates reign it when awarding costs]
 
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Psycho Doggie

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How the fuck did his legals get to $100K?

[Edit: I know the answer as i spend a lot of time dealing with lawyers, but usually magistrates reign it when awarding costs]
True that lawyers charge like a wounded bull, but there is also a hint in the article:

The magistrate questioned why the prosecution was pressed for eight months, including a two-day hearing the the Local Court, where there is in excess of 82,000 cases waiting to be heard.

Mr Macedone had repeatedly attempted to warn police of flaws in their case, all the while making his costs clear, she said.

"It seems to me extraordinary that with no real prospect of success, in the face of all the matters and problems raised by Mr Macedone in his correspondence with the police hierarchy, the prosecution still elected to run this matter," Magistrate Giles said.

This would suggest that the cost would have been quite a bit lower if the Police side of things had put their hand up a lot earlier and admitted defeat...
 

CroydonDog

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True that lawyers charge like a wounded bull, but there is also a hint in the article:

The magistrate questioned why the prosecution was pressed for eight months, including a two-day hearing the the Local Court, where there is in excess of 82,000 cases waiting to be heard.

Mr Macedone had repeatedly attempted to warn police of flaws in their case, all the while making his costs clear, she said.

"It seems to me extraordinary that with no real prospect of success, in the face of all the matters and problems raised by Mr Macedone in his correspondence with the police hierarchy, the prosecution still elected to run this matter," Magistrate Giles said.

This would suggest that the cost would have been quite a bit lower if the Police side of things had put their hand up a lot earlier and admitted defeat...
True. Once his lawyer saw the opportunity, he went for it. Even if the magistrate had have knocked back, say, 20%, he still would have been well in front. Lose, and i guess Scott or the Faders would have paid up. Win win.
 

Psycho Doggie

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True. Once his lawyer saw the opportunity, he went for it. Even if the magistrate had have knocked back, say, 20%, he still would have been well in front. Lose, and i guess Scott or the Faders would have paid up. Win win.
Heck yeah, lawyers don't lose. Seems like a smart operator though, by providing the Police with regular correspondence about why they should give it up, he left them without a leg to stand on months later when the magistrate inevitably agreed with him.
 

CroydonDog

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Heck yeah, lawyers don't lose. Seems like a smart operator though, by providing the Police with regular correspondence about why they should give it up, he left them without a leg to stand on months later when the magistrate inevitably agreed with him.
Very standard end to a legal letter - state that the letter will be relied upon when making submissions re costs.
 
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