Police drop charges on trio
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.