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The Canberra Times
The Canberra Times
Tim Piccione

Cop at centre of NRL stars saga working in 'non-operational role'

The police officer whose controversial testimony led to criminal charges against two NRL stars being dropped has been indefinitely excused from attending court.

Sergeant David Jeffrey Power is "currently working in a non-operational role", The Canberra Times can reveal.

The officer is being investigated by the Australian Federal Police's Professional Standards team for how he oversaw the arrests of Rabbitohs teammates Jack Wighton and Latrell Mitchell.

Clinical psychologist Carmel O'Sullivan recommended Sergeant Power be "excused from attending court until a period of therapy has been completed".

"Such that these functional difficulties no longer apply," Ms O'Sullivan said in a letter, dated December 6, 2023.

The functional difficulties she refers to are redacted.

On Tuesday, ACT Policing confirmed the officer was working throughout the internal investigation but in a reduced capacity.

"In line with the psychologist's recommendation, Sergeant Power is not required to attend court at this time," a spokesperson said.

Sergeant David Power, who is being investigated for his role in the failed case of Jack Wighton, inset left, and Latrell Mitchell, inset right. Pictures by Sitthixay Ditthavong

"He is currently working in a non-operational role."

The man reportedly took one week's leave after the hearing in October 2023, when he admitted it appeared he had given "false evidence" about Mr Wighton acting aggressively in a Civic nightclub earlier that year.

Defence played damning CCTV, which Sergeant Power said did not exist, proving the initial and crucial exclusion direction given to the former Canberra Raider had been unlawful.

Charges of fighting in a public place and failing to comply with an exclusion notice, for Mr Wighton, and fighting in a public place, affray and resisting arrest, for Mr Mitchell, were subsequently dismissed.

But the police officer's return to a courtroom, where he would typically be required to give evidence as a leader of the Territory Targeting Team, is seemingly uncertain.

The missing Fiction nightclub angle of Jack Wighton, wearing a red shirt, which exonerated him and Latrell Mitchell. Picture supplied

It's understood Sergeant Power was supposed to be the star witness in an ACT Magistrates Court contested hearing late last month.

But instead of the three-day hearing running as planned, charges of obstruct or resist territory official against three people were dismissed by Chief Magistrate Lorraine Walker after a prosecutor offered no evidence.

This masthead is not suggesting Sergeant Power's involvement in the case was the reason why the ACT Office of the Director of Public Prosecutions discontinued the charges.

The three arrests which led to the charges being laid took place on a late weekend night in Civic, not far from where Mr Mitchell and Mr Wighton were filmed being arrested and nearly three months later.

Latrell Mitchell addresses media outside the ACT courts after the charges against him and Jack Wighton were dropped. Picture by Sitthixay Ditthavong

Sergeant Power and at least one other police officer involved in the NRL players' arrests were again present, according to documents tendered to the court.

There is little purpose delving into the case's allegations, which were set to be disputed, following the dismissal of all charges.

The three people involved were accused of being aggressive, abusive, or of preventing police from doing their jobs. Defence lawyers were set to argue the arrests were unlawful or excessively forceful.

There is no timeline for the investigation into Sergeant Power and other police officers who arrested Mr Mitchell and Mr Wighton on the night of the latter's 30th birthday.

"As this is an ongoing AFP Professional Standards matter, it is not appropriate to comment further," an Australian Federal Police spokesperson said on Tuesday.

It's not known if results from the highly-anticipated probe will be shared with the public.

The confidentiality of Professional Standards investigations, which look into claims of serious misconduct and corruption, is protected by legislation.

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