Canberra Raiders hooker Tom Starling has been cleared over a violent street fight because a court found police were not acting in their duty when they punched him in the face multiple times.
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The 25-year-old NRL star and his brothers Jackson, 26, and Josh, 21, brawled with NSW police officers at a Central Coast pub in December 2020.
Starling and Jackson, 26, were charged with hindering police while youngest brother had been charged with common assault of a security guard, assault of two officers and resisting police.
The charges have been dropped after magistrate Daniel Covington found the police were not acting within their duty.
Police were seen in CCTV footage repeatedly striking Starling in the head, a scene that Mr Covington described as a "free for all".
"One that is more typically seen in a street fight as opposed to officers in their duty," Mr Covington told Downing Centre Local Court on Friday.
"Clearly what occurred was nothing other than Tom being assaulted himself."
Senior Constable Daniel Drew also admitted to the court that he had "no reason to punch" Starling, the judge said.
Mr Covington acknowledged Josh was acting in self-defence of his brother.
Josh, who was handcuffed, allegedly kicked and punched police officers while Jackson was held back by another police officer, having tried to intervene.
Starling was held back and could not defend himself, according to Mr Covington.
The brothers had been celebrating a friend's 21st that night.
The 25-year-old allegedly left the stage area when he witnessed police escort Josh outside of the venue.
Josh had been arrested after he had allegedly pushed Khan Morris, a security guard, who called his mother a "slut".
Morris denied the slur, but Mr Covington said this denial "flies in the face of the objective evidence".
"Josh is clearly enraged by something said by Morris," Mr Covington told the court.
"All of the evidence clearly points to the fact that Morris had called Josh's mother a slut."
Regardless, Mr Covington found the youngest Starling guilty of common assault against Mr Morris and resisting police.
Josh Starling was sentenced to an 18-month conditional release order without conviction.
Their friend Jesse Byrne was also involved but assault and hindering charges against him were dismissed.
Australian Associated Press
