The Cairns Post

Police drop charges on trio

- JANESSA EKERT janessa.ekert@news.com.au

CHARGES against three men accused of bashing a police officer have been dropped as they launch an applicatio­n seeking costs totalling $12,000.

Cairns Magistrate­s Court was told that CCTV and police body-worn camera footage of the incident contradict­ed the officer’s version of events.

The footage showed the officer had grabbed Darcy Rayner by the throat pushing him backwards before Mr Rayner, Brodie Rayner and Jayden Symons set upon him.

They were each charged with serious assault police among other charges.

Philip Bovey and Company Lawyers solicitor Fabia Parker said it was alleged that Darcy Rayner had lunged at the police officer threatenin­g him.

“Which isn’t the case, as the police officer injured Darcy Rayner first while he was standing with his arms crossed,” she said. Charges were then downgraded to asA sault occasionin­g bodily harm, but Ms Parker argued that once the footage had been viewed it should have been obvious to discontinu­e the case.

Ms Parker said the money sought was to cover five months of legal costs for a complex matter involving intricate issues of criminal responsibi­lity. All three were at risk of spending time in jail.

Prosecutor Steve Baso, representi­ng Queensland Police Service, formally withdraw nine charges against the three yesterday. It is unknown whether the matter is being investigat­ed internally by the Ethical Standards Command.

Mr Baso said the decision to withdraw the charges was because the prosecutio­n could not disprove self-defence or provocatio­n claims. However, he argued that costs were not appropriat­e in this instance and that the amount sought exceeded the scale provided for under legislatio­n.

Magistrate Trevor Black adjourned his decision until a date in the new year.

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