Latrell Mitchell was recorded asking police if he was being arrested ‘because I’m a blackfella’ following an alleged fight with cousin and fellow footy star Jack Wighton, a court has heard.
However, in bombshell evidence on day two of the duo’s ACT Magistrates Court hearing, the most senior police officer behind the arrests of the pair admitted his memory failed him while testifying against the NRL stars.
Sergeant David Power confessed core allegations he made about why he kicked Wighton out of a Canberra nightclub weren’t accurate.
The two star NRL players are currently in ACT Magistrates Court facing charges related to a reported altercation that allegedly occurred in the early morning of February 5.
Both players are accused of not following an exclusion order and engaging in a public fight, with Mitchell facing an additional charge of resisting a territory public official.
Mitchell and Wighton were out celebrating the former Canberra Raiders star’s 30th birthday when the alleged fight occured
Wighton and Mitchell are cousins, friends and soon-to-be teammates at the South Sydney Rabbitohs
According to the prosecutor, Sam Bargwanna, the alleged incident took place outside Fiction nightclub, where Wighton was initially removed by the police due to his alleged agitated demeanor, upset facial expression, and clenched fists.
However Wighton’s lawyer Steve Boland pieced together a timeline of events via CCTV footage that led the officer to admit none of it happened.
“What I saw appears to have not happened and my memory has failed me,” Sgt Power told the court.
Mr Boland said the officer had invented his evidence rather than forgotten what he’d seen.
He labelled the sergeant’s story “a total and utter fantasy you dreamt up to justify everything that happens”.
Sgt Power denied he’d intentionally misled the court. He acknowledged he had a “long-term memory issue”.
The players had been celebrating Wighton’s 30th birthday with friends when the incident occurred, and the police intervened to break up the altercation, arresting Mitchell and reminding Wighton of his exclusion order.
In the video footage played to the court, Mitchell could be heard crying out in pain, saying that he had ‘done nothing wrong’ and asking police if they were arresting him ‘because I’m a blackfella’.
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 which raised the eyebrows of many
The defence said Mitchell had complied with directions to get on his knees, and then the ground, but was kept pinned to the ground by a police officer.
Wighton’s lawyer Steve Boland told the court the player was ‘screaming in pain’ and was ‘horribly distressed’ while Wighton was standing nearby.
The court also heard that friends of Mitchell and Wighton were heard pleading for the police officers to stop.
‘That’s police brutality,’ one friend can be heard on camera footage saying, while another asks the officers to ‘de-escalate’.
Among the group protesting with police was Canberra captain Elliott Whitehead, who told one officer watching Mitchell’s arrest ‘the way you came over was out of order’.
But the leading police officer at the scene told the court he had no problem with the way Mitchell was restrained.
Wighton and Mitchell share a happy photo from earlier in the evening as they celebrated the ex-Raider’s 30th birthday before the alleged fight
Sergeant David Power, who continued his evidence on Tuesday morning, said he ‘didn’t see an issue with it’ even after watching the footage of the arrest.
Vision played on Monday showed Mitchell surrendering onto his knees before police elbowed, kneed and pushed him face-down onto the ground.
A police briefing note said he had ‘struggled’ and was ‘required to be put on his stomach’ after falling to his knees.
Mitchell feared for his life and was a ‘weeping mess’, the court heard.
Mitchell has also raised eyebrows with his choice of attire in court, arriving wearing a bolo tie instead of the usual necktie.
A bolo tie is a unique and iconic accessory closely associated with the world of country and western music.
It features a cord or braided leather string that is fastened with a decorative metal clasp or slide at the front of the neck, often adorned with motifs that reflect American western heritage and style.
They are typically worn by country music artists and enthusiasts, with stars like Roy Rogers, Bob Dylan and John Travolta in his role as Vincent Vega in the hit movie Pulp Fiction using them as part of their attire.
Mitchell is a big country music fan and was able to go backstage and meet one of his idols, Luke Combs, earlier this year (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 known country music fan, going backstage at a Luke Combs concert earlier this year and presenting the country star with a Rabbitohs jersey.
He was also filmed filmed ‘shotgunning’ a beer with the popular musician in a move that was panned by many footy fans after his injury-punctuated season.
Mitchell also regularly returns to his home town 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 reads: ‘Winmarra, meaning ‘mountain people’, signifies the rugged and rich land on which its nomadic people have lived – and thrived – for centuries.’
Both Wighton and Mitchell wore were Stetson hats on the night the Souths star was arrested.
Country and western music icon Johnny Cash was famous for wearing a similar cowboy hat
John Travolta famously wore a bolo in the hit Quentin Tarantino movie 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 characterised by its wide brim, creased crown, and is typically made of felt or straw.
Stetson hats have deep roots in American culture, have become synonymous with country music, as they are often worn by country artists including the legendary Johnny Cash during performances.
The hearing could roll into next year, with Mitchell’s lawyer Jack Pappas telling the court the case had ‘no hope’ of finishing on Wednesday.
Magistrate Jane Campbell said there was little room on her calendar to continue the hearing in the near future, meaning the charges might be hanging over the duo for some time.
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