Tom Starling is considering suing NSW police after charges against the Raiders hooker and his brothers were sensationally dropped on Friday.
Tom, Jackson and Josh Starling, and their friend Jesse Byrne, were all charged following a wild brawl at Shady Palms Hotel in Avoca Beach in December 2020.
The court heard Tom was punched in the face multiple times by officers in the fracas that was caught on CCTV.
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He was charged with hindering police in the execution of duty but the 24-year-old has maintained his innocence for over two years.
At Downing Centre Local Court on Friday Starling was cleared, with magistrate Daniel Covington dismissing the charge following an 11-day hearing.
“It’s been two and half years that it’s been lingering over my head but being able to come in here and be around the boys and play footy made it 100 times easier,” Tom told foxsports.com.au in the days leading up to the case.
“I’m looking forward to finally getting that done and really focusing on my footy again.
“I’ve been back (to court) for two separate weeks in the season last year and then had to go back for another couple of sessions in the off-season.
“No jury, just a judge. Longest one my lawyer has seen so looking forward to not having to put a suit on and going to court again.
“Not many people look forward to a court date but it’s something I’m looking forward to for sure.”
Tom’s lawyer Samar Singh-Panwar alluded to a potential civil case against NSW police.
“That (a lawsuit) is something that’s being considered and there’s certainly potential for a civil action case against NSW Police,” Mr Singh-Panwar said outside court.
“The magistrate found the police weren’t acting in the execution of their duties, but more a street fight, which is something we’ve maintained from the outset.”
A NSW Police spokeswoman confirmed an investigation by the Professional Standards Command into the conduct of police officers at the Shady Palms was “ongoing”.
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In dismissing the charge, Magistrate Covington noted how police officers had ceased to be acting in their duty when they delivered a “barrage of punches” to Tom Starling’s face.
“Clearly what occurred was nothing other than Tom being assaulted himself,” Mr Covington said. “I’m not satisfied beyond reasonable doubt they (the officers who punched Tom) were acting in execution of their duty.
The Starling brothers previously gave evidence of the heavy handed response from police officers and security guards, with the court hearing Josh Starling had pushed security guard Khan Morris after allegations he had called Starlings’ mum a sl*t.
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Magistrate Covington said objective evidence pointed to a slur being used.
In footage previously shown in court, Tom was seen being punched in the face multiple times by an officer as the brawl escalated.
Jackson Starling, Tom’s older brother, told the court he feared “for mine and Tom’s life”.
Security guard Morris has since been charged with assault occasioning actual bodily harm in relation to the matter and appeared at Gosford Local Court in January. He has pleaded not guilty.
– with Alexi Demetriadi
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