Two police officers claim they were justified in repeatedly punching an NRL star in the face because he put his hand on a service firearm during a wild brawl in a tiki bar.
Sergeant Evan Huw Prowse, 38, and Senior Constable Steven Lockwood Brown, 50, are fighting allegations they assaulted Canberra Raiders hooker Tom Starling during a 21st birthday outing in December 2020.
The now-26-year-old rugby league player had been with his parents and brothers Jackson, 29, and Josh, 24, at Shady Palms restaurant on the NSW Central Coast when his mother was allegedly insulted by a security guard.
Footage played in Sydney’s Downing Centre Local Court on Monday showed Josh Starling confronting the security guard before a melee broke out in the middle of the tiki-themed bar.
During the confrontation, the more senior officer, Prowse, allegedly punched Starling directly in the face twice to cause his knees to buckle underneath him.
The strikes were ‘gratuitous and unnecessary violence’ that constituted an illegal assault, the crown prosecutor told the court.
GRAPHIC CONTENT WARNING
Tom Starling (pictured) was allegedly punched multiple times in the face by two police officers during a birthday outing in December 2020
The Canberra Raiders star showed off the injuries he sustained following the alleged assault
The now-26-year-old rugby league player had been with his parents and brothers Jackson, 29, and Josh, 24, at Shady Palms restaurant on the NSW Central Coast
At the same time, Brown allegedly hit the NRL player with four blows to the head and missed a fifth hit in what the prosecutor alleges was an unreasonable and unlawful use of force.
But the officers’ lawyer, Tim Lowe, said the police response was proportional to the threat the then-22-year-old posed when he put his hand on the firearm of a third officer.
Prowse and Brown took into account his risk of having ‘unfettered access’ to a police weapon and any possible consequences, the court was told.
The sergeant was similarly acting in self-defence and in accordance with his duty when he punched Jackson Starling in the face, causing him to collapse, Mr Lowe said.
Security footage of the incident showed all three brothers being struck in the head by uniformed officers as a crush of people tussled around them.
The prosecutor claimed the ‘volatile’ atmosphere at Shady Palms dramatically escalated when the riot squad arrived.
But Mr Lowe blamed the ‘aggressive’ behaviour of the Starling brothers, portraying them as confrontational, drunk and violent.
The NRL player’s athletic capability meant he could exercise a ‘significant degree of physical control’ over the officers at times during the altercation, the court was told.
Prowse has pleaded not guilty to two counts of common assault – against Tom and Jackson Starling – while Brown has pleaded not guilty to a single count related to the professional footballer.
The incident is alleged to have taken plaec after his mother was said to have been insulted by a security guard
Starling (pictured with partner Chelsea) had been out celebrating a birthday with his family when the incident took place
A lawyer for the police officers said their response was proportional to the threat that NRL player (centre) had posed when he put his hand on the firearm of a third officer
Starling, who has played 116 games for the Raiders after a one-game season with Newcastle, was initially charged over the December 5 fight
The hearing continues before Magistrate Lisa Graham.
Starling, who has played 116 games for the Raiders after a one-game season with Newcastle, was initially charged over the December 5 fight.
But he was cleared in 2023 after a court found police were not acting within their duty when they punched him multiple times.
A Sydney magistrate found the security guard started the brawl after calling Starling’s mother a ‘slut’, enraging youngest brother Josh Starling.
The court on Monday heard the security guard had denied making the insult and he was expected to give evidence.
