The smashed window, the bank account and swearing at cops: Key moments from Sam Kerr case

Matildas captain Sam Kerr has appeared in a London court to face the charge of intentionally causing racially aggravated harassment, alarm or distress to a police officer in January 2023.

Here are the key moments from the first day of the hearing and the major players involved in the case.

The key players

Sam Kerr (the defendant): The star women’s footballer, who plays for Australia and Chelsea, charged with causing racially aggravated harassment towards a police officer in Twickenham, London during a drunken night out in January 2023. She has pleaded not guilty to the charge.

Kristie Mewis (Kerr’s fiancee): The American soccer player, who could give character evidence, was out drinking with Kerr and travelled with her in the taxi that night. She was in the police interview room with Kerr during the alleged incident.

Stephen Lovell (police constable): He approached Kerr and Mewis, who crawled out of the smashed back window of a black cab outside Twickenham Police Station, and queried their version of events. He would later charge Kerr with the alleged offence.

The cab driver: Unnamed, but called the police when Kerr and Mewis refused to pay about £100 ($199) for their fare and a soiling charge after the Australian vomited. He drove them to the police station and gave his version of events to police. The pair agreed to pay him after almost two hours talking with police.

The taxi and the smashed glass

After Kerr scored a hat-trick against Liverpool in the FA Cup, she and Mewis went out drinking with friends in London. In the early hours of January 30, 2023, they called a taxi to travel back to Kerr’s then-home in Richmond, prosecutors told the court.

The taxi driver later called the police to complain that a woman inside his taxi was trying to smash the rear window. The operator advised the driver to pull up outside Twickenham Police Station and seek the assistance of police officers there.

Constable Stephen Lovell and a fellow officer were in a marked police vehicle driving towards the station at about 2.20am, roughly the same time as the taxi.

Crown prosecutor Bill Emlyn Jones, KC, told Kingston Crown Court: “They [the officers] noticed smashed glass in the road and saw that a taxi was parked outside the police station.

“The driver of the taxi sounded his horn to alert the officers and then pulled his taxi to a stop behind their vehicle. The officers saw Ms Kerr crawling out of the broken rear window of the taxi.”

The claims of a kidnap

Lovell escorted Kerr and Mewis inside the station to get their version of events. They said they’d been kidnapped for “about 50 minutes” and held hostage by the driver. They said the driver refused to take them home and demanded they pay him the cost of cleaning his taxi.

The court heard police describe the pair as being “inebriated, very agitated and emotional”.

Lovell went back outside to inspect the damage to the taxi. He saw that not only was the rear window smashed, but the piece of plastic that separates the driver in the front from the passengers in the rear had also been damaged.

Kerr shows her bank account on her phone

Lovell asked Kerr and Mewis if they would pay for the damage and the Australian showed how much money she had in her bank account via her phone. According to police, Kerr refused to pay for the damage because she claimed they were being held hostage by the driver and feared for their safety.

Kerr said they had tried to call emergency services on 911 – the American number. Kerr said they were both internationals and were unsure of the British emergency number. Kerr said they had pressed the emergency button on her phone and had spoken to a woman.

At 3.17am, Lovell said the log showed they hadn’t called for help. Kerr replied angrily, saying emergency services had hung up on them.

Lovell said he tried several times to explain what the driver had said but they kept interrupting him.

Kerr swears on bodycam footage

In police bodycam footage, Kerr could be heard to have said: “You guys are stupid and white. You guys are f---ing stupid and white.

“I’m looking you in the eyes, I’m looking you in the eyes, you guys are f---ing stupid, I’m f---ing over this s---.”

The arrest

Lovell then arrested Kerr for alleged criminal damage and racially aggravated public order. The court was told Kerr and Mewis later agreed to pay for the damage to the taxi and the criminal damage charge was dropped.

At 10.30pm on January 31, Kerr voluntarily returned to make a statement about the remaining charge.

She denied intent to cause the police officer any harassment, alarm or distress, saying: “I was just angry at how I felt.”

When asked if she was aware her words could be perceived as racist, Kerr replied: “I am aware that anything can be perceived as racist for sure”. She accepted responsibility for a public order matter.

What is the charge?

Kerr is facing a charge of intentionally causing “racially aggravated harassment, alarm or distress to a police officer”. She has not disputed the facts presented so far in court. If found guilty, the public order act she has been charged under carries a prison sentence from six months up to two years and/or a substantial fine, given the racially aggravated nature of the allegations.

What does Kerr’s legal team say?

Kerr accepts that the words she used were “threatening, abusive or insulting” within the meaning of the terms of the offence. But she disputes that she intended to cause Lovell harassment, alarm or distress; that Lovell was caused harassment, alarm or distress; and that the offence was racially aggravated.

Kerr’s barrister, Grace Forbes, told the court: “When you look past the headline and you look at the evidence … Samantha Kerr did not feel hostile towards this officer because he is white.

“We saw comment, however poorly expressed, about positions of power and privilege and how those words might colour perception.”

What does the prosecution say?

The court was told her use of those words were “clearly intended to cause harassment, alarm or distress”.

“There is no obvious reason why she would have said them otherwise – and they had precisely that effect upon him,” Emlyn Jones said.

“Kerr’s comments left PC Lovell feeling shocked, upset and humiliated ... he took great offence to the comments Ms Kerr made about his race.”

What has the jury been asked to consider?

The prosecutor told the 12-member jury – eight women and four men – they should consider what Kerr meant by the abuse she directed at the officer, what she intended and how it made Lovell feel.

How long will the trial go for?

Lovell will be cross-examined on Tuesday (Wednesday AEDT). Other police officers are expected to give evidence before Kerr is put on the stand. The court is also likely to hear from character witnesses. The trial is expected to finish by Thursday.

Get a note directly from our foreign correspondents on what’s making headlines around the world. Sign up for the weekly What in the World newsletter here.