Latrell Mitchell was recorded asking police if he was being arrested ‘because I’m a black guy’ after an alleged fight with cousin and fellow footy star Jack Wighton, a court has heard.
However, on day two of the duo’s ACT Magistrates Court hearing, the top police officer behind the pair’s arrests admitted his memory failed him while testifying against the NRL stars.
Sergeant David Power admitted the core allegations he made about why he kicked Wighton out of a Canberra nightclub were untrue.
The two star NRL players are currently facing charges in the ACT Magistrates Court in relation to a reported altercation that allegedly occurred in the early hours of February 5.
Both players are accused of disobeying an exclusion order and participating in a public fight, with Mitchell facing an additional charge of resisting an official in the area.
Mitchell and Wighton were celebrating the former Canberra Raiders star’s 30th birthday when the alleged fight happened
Wighton and Mitchell are cousins, friends and future teammates at the South Sydney Rabbitohs
According to prosecutor Sam Bargwanna, the alleged incident took place outside Fiction nightclub, where Wighton was initially removed by police due to his alleged agitated posture, disturbed facial expression and clenched fists.
However, Wighton’s lawyer Steve Boland pieced together a timeline of events from CCTV footage, leading the officer to admit none of it happened.
“What I saw does not appear to have happened and my memory is failing me,” Sergeant Power told the court.
Mr Boland said the officer had fabricated his evidence rather than forgetting what he had seen.
He called the sergeant’s story “a total fantasy you created to justify everything that’s happening.”
Sergeant Power denied deliberately misleading the court. He acknowledged that he had a “long-term memory problem.”
The players were celebrating Wighton’s 30th birthday with friends when the incident occurred, and police intervened to break up the altercation, arrest Mitchell and remind Wighton of his exclusion order.
In the video footage played in court, Mitchell could be heard screaming in pain, saying he “didn’t do anything wrong” and asking police if they were arresting him “because I’m a black dude.”
South Sydney Rabbitohs player Latrell Mitchell (left) and former Canberra Raiders star Jack Wighton leave the ACT Magistrates Court on Monday
Mitchell arrives at court wearing a bolo instead of a traditional tie, raising eyebrows among many
The defense said Mitchell complied with directions to get on his knees, then to the ground, but was pinned to the ground by a police officer.
Wighton’s lawyer Steve Boland told the court the player was ‘screaming in pain’ and was ‘terribly upset’ as Wighton stood nearby.
The court also heard friends of Mitchell and Wighton were heard pleading with police officers to stop.
“That’s police brutality,” can be heard on CCTV footage, while another asks officers to ‘de-escalate’.
Among the group who protested to police was Canberra Captain Elliott Whitehead, who told an officer watching Mitchell’s arrest that “the way you passed by was not right”.
But the lead police officer on the scene told the court he had no problem with the way Mitchell was being held.
Wighton and Mitchell share a cheerful photo from earlier in the evening as they celebrated the ex-Raider’s 30th birthday before the alleged fight
Sergeant David Power, continuing his testimony on Tuesday morning, said he “didn’t see a problem with it” even after watching footage of the arrest.
A vision played Monday showed Mitchell surrendering on his knees before police pushed him onto his elbows, knees and face down on the ground.
A police briefing said he “struggled” and “had to be placed on his stomach” after falling to his knees.
Mitchell feared for his life and was a “crying mess”, the court heard.
Mitchell has also raised eyebrows for his choice of attire in court, wearing a bolo tie instead of the usual tie.
A bolo tie is a unique and iconic accessory that is closely associated with the world of country and western music.
It features a cord or braided leather cord tied with a decorative metal clasp or slider at the front of the neck, often decorated with motifs reflecting American Western heritage and style.
They are commonly worn by artists and country music enthusiasts, with stars such as Roy Rogers, Bob Dylan and John Travolta in his role as Vincent Vega in the hit film Pulp Fiction using them as part of their clothing.
Mitchell is a huge fan of country music and was able to go backstage earlier this year and meet one of his idols, Luke Combs (pictured together)
Mitchell returns to his country roots whenever he can and is often seen wearing his trademark cowboy hat on his property near the northern NSW town of Taree.
Mitchell also has his own line of country clothing with his brand Winmarra Connect to Country
Mitchell is a noted country music fan, who went backstage at a Luke Combs concert earlier this year and presented the country star with a Rabbitohs jersey.
He was also filmed ‘shotgunning’ a beer with the popular musician in a move panned by many footy fans following his injury-riddled season.
Mitchell also regularly returns to his hometown of Taree in northern NSW to work on the family farm and also has his own country fashion label Winmarra Connect to Country.
His website states: ‘Winmarra, meaning ‘mountain people’, refers to the rugged and rich land on which the nomadic population has lived – and thrived – for centuries.’
Both Wighton and Mitchell were wearing Stetson hats on the night the Souths star was arrested.
Country and Western music icon Johnny Cash was known for wearing a similar cowboy hat
John Travolta famously wore a bolo in Quentin Tarantino’s hit film Pulp Fiction during his iconic dance scene with Uma Thurman
The Stetson is an iconic American cowboy hat known for its high-quality craftsmanship and distinctive design. It is characterized by its wide brim, pleated crown and is usually made of felt or straw.
Stetson hats have deep roots in American culture and have become synonymous with country music, as they are often worn by country artists including the legendary Johnny Cash during performances.
The hearing could take place next year, with Mitchell’s lawyer Jack Pappas telling the court the case had “no hope” of being concluded on Wednesday.
Magistrate Jane Campbell said there was little room in her diary to continue the hearing in the near future, meaning the charges could hang over the duo’s heads for some time to come.
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