Canberra Raiders star Tom Starling and brother Josh to be sentenced over Terrigal intimidation charge

For the first time, the events which led to the second arrest of Canberra Raiders hooker Tom Starling and his brother Josh outside a Terrigal cocktail bar can be revealed.

Canberra Raider Tom Starling and his brother Josh will be sentenced over a charge of stalk/intimidate. Picture: Cameron Spencer

The words “f**k you” and a gesture encouring a security guard to “come here” was the extent of the offence which saw an NRL player arrested for the second time.

Canberra Raider hooker Tom Starling and his brother Josh will be sentenced over one charge of stalk/intimidate after an incident at a popular cocktail bar in Terrigal in October 2021.

Facts have revealed that the brothers were denied entry into Mumbo Jumbos before later yelling “f**k you” at a security guard – who had previously called their mum a “slut” in 2020 – and gestured for him to come to them as they stood on the street.

The matter was mentioned at Gosford Local Court on Thursday with Tom and Josh excused from appearing, represented by their lawyer Samar Singh-Panwar.

In October 2022, Tom and John Starling entered pleas of guilty to the stalk/intimidate charge, with other charges withdrawn.

NRL player Tom Starling and his girlfriend Chelsea Balzan pictured walking into Downing Centre Court during the hearing in December 2022. Picture: Damian Shaw

At the time of the guilty pleas, the facts of the matter were in dispute however they were agreed upon and tendered for the first time on Thursday.

The agreed set of facts state the victim in the matter Khan Morris is the owner of BDYTEK Pty Ltd which does security for Shady Palms and Mumbo Jumbos.

The facts outlined the 13 day hearing that Tom, Josh and older brother Jackson Starling had recently faced over a wild brawl at Shady Palms on December 5 2020, which saw Tom and Jackson acquitted of all charges.

Mr Morris was on security at the Kincumber premises when the brothers were arrested and charged.

CCTV of Tom Starling getting punched at Shady Palms in late 2020.

The facts state that while most of the offences were withdrawn, it resulted in a hearing at Downing Centre Local Court with Magistrate Daniel Covington finding that Mr Morris’s actions of calling Tom, Josh and Jackson’s mother a “slut” started the brawl.

Magistrate Covington found that Tom was assaulted by police with Josh and Jackson acting in self-defence of their brother.

He found Josh was provoked by the victim, however guilty of common assault by pushing the victim’s chest and guilty of resisting police.

Josh was sentenced to a conditional release order for 18 months and also acquitted on two counts of assault police.

Josh Starling. Picture: David Swift

Since the hearing, Mr Morris has pleaded not guilty to a charge of assault occasioning actual bodily harm over the incident at Shady Palms and remains before the court.

The facts reveal that 10 months after the Shady Palms incident, on October 16 2021, Mr Morris was working security at Mumbo Jumbos cocktail bar in Terrigal.

Tom and Josh tried to get into the premises but were refused entry and told the bar was full.

There was a “verbal interaction” before the brothers left.

Not long after, Mr Morris was standing on the first floor of the cocktail bar when he saw Tom and Josh on the street across the road with a group of people.

“Tom Starling and Josh Starling yelled abuse at the victim,” the facts stated.

NRL gun Tom Starling (right) with his lawyer Samar Singh-Panwar outside Downing Local Court on February 10, 2023, after a charge of hindering police was dropped. Picture: Alexi Demetriadi

“Witnesses heard members of the group yell ‘f**k you Khan’. Both offenders used their hands in a ‘come here’ gesture motion.”

Tom’s girlfriend Chelsea Balzan pointed to the victim and ran her finger across her throat.

She was sentenced to a conditional release order over her role in the matter last year.

Tom’s older brother Jackson has pleaded not guilty, relating to the Terrigal incident, to charges of behave in offensive manner in/near public place/school and two counts of resist or hinder police officer in the execution of duty. He will face a hearing in July.

On Thursday, Magistrate Jennifer Price adjourned Tom and Josh’s sentence to April 27 with the court hearing a mental health application may be lodged.