Raiders star Tom Starling to sue NSW Police for $1 million after nightclub brawl

Raiders hooker Tom Starling and his two brothers will come head to head with NSW Police three years after an ugly nightclub incident at Terrigal.

Canberra hooker Tom Starling and his two brothers are suing NSW Police Force, and individual officers, for up to $1m over an ugly nightclub incident at Terrigal.

Starling’s lawyer, Paul McGirr, will claim his clients were victims of a “malicious prosecution and battery and unlawful conduct” by police during a bar brawl more than two years ago.

The behaviour of police that night is before the Law Enforcement Conduct Commission.

Mr McGirr will pursue legal action on behalf of the three Starling brothers – Jackson, Josh and Tom, who has played 78 games for Canberra, scoring ten tries.

Tom, 25, will play in Canberra’s match against St George Illawarra in Wollongong on Friday night.

The action by the Starling brothers will be against the individual officers involved that evening and the NSW Police Force.

Tom, Josh and Jackson were attending a 21st birthday party at Shady Palms Hotel when a fight broke out.

CCTV footage played in court showed Tom being repeatedly punched by a police offer, stumbling backwards through the force of the punches. The brothers were cleared of any wrongdoing by a court earlier this year.

“We are looking to take action against the NSW Police Force and the police individually as they were as I see it acting outside their police powers. Furthermore they went a step further and charged my clients with criminal offences,” said Mr McGirr.

Tom Starling in action for the Raiders. Picture: Mark Nolan/Getty

“Therefore I say it has the hallmarks of a malicious prosecution. Other actions we are looking at include battery, mental injury and unlawful conduct in respect to the officer’s actions against my clients.

“And, not only on that night, but the fact that my clients were charged with criminal offences, the matter was run based on contradictory evidence not supported by the CCTV footage, a brief of evidence was collated with sworn statements form the officers, eventually resulting in withdrawals and dismissals of the charges. The police conduct was so concerning that the magistrate reported the conduct of police to the Law Enforcement Conduct Commission.

“I am saying they were not acting in the execution of their duty, therefore everything they did, I say, was unlawful.

“The three brothers deserve to be re-compensated for the pain and suffering - emotional and physical – and part of that action can be for past, current and future earnings, if they are affected.

“They have had their reputations sullied based on illegal and unlawful actions of police. We are watching very closely to see what the Law Enforcement Conduct Commission will find in relation to their very concerning actions.

Tom Starling after the incident.

Tom Starling on 2GB. Picture: Supplied

“Malicious prosecution is basically where the police force, in this case, takes an action knowing their behaviour to be unlawful or untruthful yet still perseveres with that particular action. It’s very concerning behaviour.

“Battery can encompass a myriad of actions against police including emotional and physical injuries. We will be taking some actions but are looking at all options.”

Mr McGirr said his compensation claim could be worth $1m.

“I won’t reveal a financial figure but when you are talking about people’s earning capacities, now and potential, those figures can be substantial,” he said.

“Look at the Brittany Higgins case, for example, they said she had the potential to be a politician and paid her a couple of million dollars for loss of future earning capacity. When you’re talking about earnings and future earnings and damage, physical and emotional, that has been occasioned by in this case the police then you can be looking upwards of $1m.”

A spokesperson for NSW Police said inquiries into the nightclub incident were ongoing and no further comment could be made.

“Investigators from Professional Standards Command are leading a criminal investigation in relation to the action of officers at an incident on the Central Coast on Saturday 5 December 2020,” the spokesperson said.

Originally published as Raiders star Tom Starling to sue NSW Police for $1 million after nightclub brawl