Latrell Mitchell’s legal team demand CCTV footage in first move against veteran police officer that lied in court about the arrest of Souths star and cousin Jack Wighton
- Mitchell and Wighton were arrested for alleged fighting
- Police unlawfully issued an exclusion notice to Wighton
- The case was dismissed out of court following the officer’s testimony
Latrell Mitchell’s lawyer has taken the first step in taking action against a veteran ACT police officer who admitted giving false testimony during a court hearing against him this week.
In letters to the Australian Federal Police, the Director of Public Prosecutions and the ACT Magistrates Court on Friday – observed by NCA NewsWire – lawyer Tom Taylor has asked for footage of Sergeant David Power’s testimony from court hearings this week to be ‘urgently’ preserved just in case it became relevant in any future proceedings.
Police Minister Mick Gentleman confirmed this week that an internal investigation would take place following a conversation with ACT Chief Police Officer Neil Gaughan.
“I have been informed by the CPO that these officers have been addressed to ACT Policing’s internal standards unit,” Mr Gentleman said.
“So there will be an investigation into that procedure there, and I don’t want to prejudge that, so I would like to see that happen.
“And of course the chief of police will comment afterwards.”
Mr Gentleman would not be concerned about any disciplinary action the officers might face.
“I can imagine there will be a review, but I don’t want to prejudge the internal standards unit doing their job,” he said.
Former Canberra Raiders star Jack Wighton and his cousin and Souths superstar Latrell Mitchell faced court this week over an alleged fight between the pair
Sergeant David Power said his memory had failed him after all charges against Mitchell and Wighton were dismissed
All charges against Mr Mitchell and his cousin, and teammate Jack Wighton, were sensationally dismissed this week after Sergeant Power’s testimony was torn up by Mr Wighton’s lawyer Steve Boland.
Deconstructing a timeline of the night the pair were arrested, Sergeant Power admitted police unlawfully served Mr Wighton with an exclusion order.
Sergeant Power had barred Mr Wighton from Fiction nightclub in the early hours of February 5 as he celebrated his 30th birthday because he had ‘clenched fists’ and an ‘angry expression on his face’.
Mr Wighton was charged that evening with breaching the warning and fighting in a public place. Mr Mitchell was also charged with fighting in a public place, affray and resisting territory officials.
Wighton and Mitchell were out to celebrate the former Raiders star’s 30th birthday
It is now possible Mitchell will take action against ACT police after the charges against him were dismissed in court
But in court the officer of almost 20 years said ‘what I saw did not appear to have happened, and my memory failed me’.
Mr Boland told Sergeant Power inside the court that he had ‘a total fantasy that he had created to justify what happened from the moment you kicked this man out of the club… You have created a story to justify what you did’.
Sergeant Power denied that he had ‘made anything up’.
In his letters, Mr Taylor said that CCTV footage of the courtroom in which the case was heard existed with visual footage of Sergeant Power giving evidence, and that a ‘low technology process’ would allow the audio recording to be synchronized with the footage if that was so. that are necessary in any future procedure.
‘Given the time-sensitive nature of retaining CCTV footage, we request that this be done immediately.’
He asked ACT Police, the DPP and the court to “take urgent steps” to ensure its custody.