Police officers claim they were justified in repeatedly punching NRL star, court hears
Two police officers claim they were justified in repeatedly punching an NRL star in the face because he put his hand on a service firearm during a wild brawl in a tiki bar.
During the confrontation, the more senior officer, Prowse, allegedly punched Tom Starling directly in the face twice to cause his knees to buckle underneath him.
The strikes were “gratuitous and unnecessary violence” that constituted an illegal assault, the crown prosecutor told the court.
At the same time, Brown allegedly hit the NRL player with four blows to the head and missed a fifth hit in what the prosecutor alleges was an unreasonable and unlawful use of force.
But the officers’ lawyer, Tim Lowe, said the police response was proportional to the threat the then-22-year-old posed when he put his hand on the firearm of a third officer.
Prowse and Brown took into account his risk of having “unfettered access” to a police weapon and any possible consequences, the court was told.
The sergeant was similarly acting in self-defence and in accordance with his duty when he punched Jackson Starling in the face, causing him to collapse, Lowe said.
Security footage of the incident showed all three brothers being struck in the head by uniformed officers as a crush of people tussled around them.
The prosecutor claimed the “volatile” atmosphere at Shady Palms dramatically escalated when the riot squad arrived.
But Lowe blamed the “aggressive” behaviour of the Starling brothers, portraying them as confrontational, drunk and violent.
The NRL player’s athletic capability meant he could exercise a “significant degree of physical control” over the officers at times during the altercation, the court was told.
Prowse has pleaded not guilty to two counts of common assault – against Tom and Jackson Starling – while Brown has pleaded not guilty to a single count related to the professional footballer.
The hearing continues before Magistrate Lisa Graham.
Tom Starling, who has played 116 games for the Raiders after a one-game season with Newcastle, was initially charged over the December 5 fight.
But he was cleared in 2023 after a court found police were not acting within their duty when they punched him multiple times.
A Sydney magistrate found the security guard started the brawl after calling Starling’s mother a “slut”, enraging youngest brother Josh Starling.
The court today heard the security guard had denied making the insult and he was expected to give evidence.