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During an explosive cross-examination, Sergeant David Power apologised to Wighton and admitted core allegations he made about why he kicked him out of a Canberra nightclub weren’t accurate.

It prompted Wighton’s lawyer to accuse police of trying to “frame” his client, declaring the case was an “old-school stitch-up”.

NRL players Latrell Mitchell and Jack Wighton arrive at ACT Magistrates Court, in Canberra on Tuesday 31 October 2023. fedpol Photo: Alex Ellinghausen
NRL players Latrell Mitchell and Jack Wighton arrive at ACT Magistrates Court. (The Sydney Morning Herald)

Power earlier alleged he saw Wighton with clenched fists, anger in his face and holding a man by the shirt before he removed him from Fiction nightclub.

But 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,” Power told the court.

He later addressed Wighton, saying: “Sorry Jack, if that’s what happened mate … I’m sorry.”

Boland, who said the officer had invented his evidence rather than forgotten what he’d seen, criticised his apology.

“You’re not mates are you … how inappropriate,” he told the court.

He labelled the sergeant’s story “a total and utter fantasy you dreamt up to justify everything that happens”.

Power denied he’d intentionally misled the court.

He acknowledged he had a “long-term memory issue”.

After Wighton was removed from the nightclub, he and Mitchell were accused of fighting before both were arrested.

Mitchell could be heard crying out in pain and screaming “please” as the players’ friends begged police to stop their “police brutality” as they handcuffed him.

The group had been at the nightclub celebrating Wighton’s 30th birthday before they spilled onto the street when the former Raider was removed from the venue for alleged aggressive behaviour.

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”.

Power said he “didn’t see an issue with it” even after watching the footage of the arrest.

NRL players Latrell Mitchell and Jack Wighton arrive at ACT Magistrates Court, in Canberra on Tuesday 31 October 2023. fedpol Photo: Alex Ellinghausen
The pair are contesting a number of charges relating to an alleged fight earlier this year. (The Sydney Morning Herald)

Vision played on Monday showed Mitchell surrendering onto his knees before police elbowed, kneed and pushed him face-down onto the ground.

Mitchell feared for his life and was a “weeping mess”, the court heard.

His defence centres around alleged heavy-handed police conduct, the star South Sydney fullback having told police while being arrested: “I’ve done nothing wrong but be a blackfella in Australia.”

The Birpai and Wiradjuri man is charged with affray, fighting in a public place and resisting a territory official.

Wighton, who is also a Wiradjuri man, is charged with fighting in a public place and failing to comply with an exclusion direction.

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