Latrell Mitchell’s lawyer has taken the first step in launching action against a veteran ACT police officer, who admitted to giving false evidence in a court hearing against him this week.
In letters to the Australian Federal Police, the Director of Public Prosecution, and the ACT Magistrates Court on Friday – sighted by NCA NewsWire – lawyer Tom Taylor has requested footage of Sergeant David Power’s testimony from court hearings this week be “urgently” preserved in case it became relevant in any future proceedings.
Police Minister Mick Gentleman confirmed this week that an internal investigation would occur after speaking with ACT Chief Police Officer Neil Gaughan.
“I’ve been advised by the CPO that these officers have been addressed to the internal standards unit of ACT Policing,” Mr Gentleman said.
“So, there will be an investigation of that procedure there, and I don’t want to pre-empt that, so I’d like to see that go through.
“And of course the Chief Police Officer will be making comment after that occurs.”
Mr Gentleman wouldn’t be drawn on what disciplinary action – if any – the officers would face.
“I imagine there would be a review, but I don‘t want to pre-empt the internal standards unit doing their work,” he said.
All charges against Mr Mitchell and his cousin, and teammate Jack Wighton, were sensationally dismissed this week after the testimony of Sergeant Power was torn apart by Mr Wighton’s lawyer, Steve Boland.
In deconstructing a timeline of the night the pair were arrested, Sergeant Power conceded police had unlawfully issued Mr Wighton an exclusion notice.
Sergeant Power had ordered Mr Wighton out of Fiction nightclub in the early hours of February 5 while celebrating his 30th birthday, because he had “clenched fists”, and an “angry expression on his face”.
Mr Wighton was charged that night with contravening the notice and fighting in a public place. Mr Mitchell was also charged with fighting in a public place, affray, and resisting territory officials.
But in court, the officer of nearly 20 years said “what I saw appears to have not happened, and my memory failed me”.
Mr Boland put to Sergeant Power inside court that he had “a total and utter fantasy that he had dreamt up to justify what happened from the moment you kicked this man out of the club … You dreamt up a story to justify what you did”.
Sergeant Power denied he had “dreamt up anything”.
In his letters, Mr Taylor said CCTV footage from the courtroom the case had been heard in existed with visual images of Sergeant Power giving evidence, and that a “low technology process” would allow the audio recording to be synchronised to the images if it were needed in any future proceedings.
“Given the time sensitive nature of preserving CCTV footage, we request that this should immediately occur.”
He asked the ACT Police, the DPP, and the court to “urgently take steps” to ensure the preservation.
Originally published as Latrell Mitchell’s lawyers make urgent CCTV demand after charges against him, Jack Wighton, dismissed