Curtis Scott’s legal team want to use taser footage to recoup costs

Curtis Scott’s legal team want to use taser footage to help the Canberra centre regain the six-figure cost of clearing his name

Canberra centre Curtis Scott arrives at Downing Centre Court, in Sydney on Wednesday Picture: NCA NewsWire/Bianca De Marchi

Curtis Scott’s legal team will be back in court on Thursday morning as they seek to use footage from the taser gun used to immobilise the Canberra centre as part of their attempts to have police pay some or all of his six-figure legal costs.

Scott had five charges dropped on Wednesday by NSW Police after a magistrate ruled he had been unlawfully arrested on Australia Day. As part of Wednesday’s hearing, around 70 seconds of footage was tabled into evidence and subsequently made available for public consumption.

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However, Scott’s lawyer Sam Macedone wants police to foot the bill for Scott’s legal costs and will ask for further video footage to be entered into evidence to prove his argument that the case should never have got this far.

Scott, who was granted permission by the NRL to leave Canberra’s biosecurity bubble to attend Wednesday’s hearing in the Downing Centre Local Court, was handcuffed, arrested, pepper-sprayed and tasered when he fell asleep under a tree at Moore Park earlier this year.

He was charged with seven offences, five of which were dropped on Wednesday after Magistrate Jennifer Giles ruled Scott had been unlawfully handcuffed while asleep.

Police bodycam footage played in the Local Court showed an inebriated Scott lying asleep under a tree at 2am in the morning on January 27. Police attempted to wake him by pinching his ear, Scott with his eyes closed waved the officer’s hand away.

Police could then be heard telling Scott to “sit up” and “get up” before they proceeded to handcuff him while he lay on the ground. As they placed his hands in cuffs, they said: “don’t resist mate”, “don’t resist”.

Scott, clearly still feeling the affects of a long day, responded by saying: “Come on, get off me c…”. Lawyer Murugan Thangaraj SC, also part of Scott’s legal team, said in court that further footage showed the Canberra centre was writhing in tears after being pepper-sprayed by police.

He also said that a police officer stood on Scott’s foot and twisted his ankle.

“It is drawing a very long and frightening bow to argue the police can handcuff someone they’re trying to wake up who is sleeping underneath a tree that is not under arrest,” Magistrate Giles said.

Scott has struggled for consistency this year having made the move from Melbourne to Canberra, Macedone suggesting the ongoing court case had played a part in his indifferent form.

Macedone also revealed Scott’s desire to clear his name had come at a hefty financial price, some or all of which he hoped to recoup on Thursday.

It is understood his legal costs could end up in the vicinity of $150,000.

“I want the magistrate to have a look at exactly what happened so she can make up her mind,” Macedone said.

“If the footage can be played it will be compelling because I think anyone looking at that will say the prosecution (case) should not have run.”