Lawyers for NRL stars Jack Wighton and Latrell Mitchell have come out swinging at a court hearing into an alleged fight during a night out in Canberra to celebrate Wighton’s 30th birthday earlier this year.
Key points:
- Jack Wighton and Latrell Mitchell are facing charges over an alleged fight at a nightclub on February 5
- Their lawyers say the prosecution is based on “illegality and impropriety”.
- They question whether a fight actually took place
Both players are charged with fighting in a public place.
Wighton is also charged with failing to obey an exclusion direction to leave the area.
Mitchell, 26, is facing two other charges, including affray and striking three police officers.
Today in the ACT Magistrates Court, their lawyers questioned whether their arrests had any legal basis, with Mitchell’s lawyer, Jack Pappas, quoting the well-known Paul Kelly and Kev Carmody song, From Little Things Big Things Grow.
“This case is about power,” Mr Pappas said.
He said the police had relied on “money and muscle” like in the song, and were being the law, not upholding the law.
CCTV footage shows pair in scuffle on the street
Prosecutors told the court, the incident began in Fiction nightclub in February, when a group of police did a walk-through, and alleged they noticed Wighton looking angry and pushing and shoving another man.
The court heard he was made to leave the premises.
CCTV footage shown to the court showed both men outside the club in the street, where they became involved in a scuffle.
“When Wighton went over towards The Pearl [Hotel], they began pushing and shoving and grappling with each other,” prosecutor Sam Bargwanna told the court.
“They were eventually separated by a number of bystanders and Wighton walks away.”
The CCTV footage shown to the court also showed a large group of police running towards the pair.
The court heard Mitchell was made to kneel and then lay face down.
Mr Bargwanna said, in the background, Wighton could be heard objecting.
“Lock me up with him. You’re f***wits,” Wighton said.
The court heard Mitchell had been in distress shouting at police.
“You are weak c*****,” Mitchell said.
And when he saw people filming the incident he called to them: “Share it, share it for every motherf***** to see”.
“I have done nothing wrong but be a black feller in Australia,” he said.
‘Never a punch thrown’
“The entire prosecution is based on illegality and impropriety,” Mr Pappas told the court.
Mr Pappas urged the court to reject all the evidence as having been obtained by police at too high a price.
Steve Boland, who is representing Wighton, told the court there were no reasonable grounds to issue the exclusion order.
He also asked the court to consider the fact his cousin was screaming as he was made to lay on the ground as he watched on.
“He is accused of the crime of not turning his back,” Mr Boland said.
He also questioned whether there was a fight at all.
“There was never a punch thrown,” Mr Boland said