A sports physiotherapist has been cleared of his charges after he was accused of an expletive-filled tirade against a cop outside a Thirroul school last year.
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William La Palombara faced a hearing at Wollongong Local Court on Wednesday where he was found not guilty of assaulting an officer, resisting arrest, behaving in an offensive manner, and stopping in a no stopping zone.
Police prosecutor Sergeant Sean Thackeray asked for an adjournment as the officer in charge and alleged victim in the matter was unable to appear due to "unfortunate circumstances".
The hearing continued without witnesses.
Body worn video played to the court showed La Polambara, the CEO of Southern Sports Physio who has worked with the St George Illawarra Dragons, parked outside St Michael's Catholic Parish Primary School on February 15 last year.
The court heard La Polambara was subsequently issued a traffic infringement, with police alleging he reacted by unleashing insults including "f--ing c---", "asshole" and "prick" at the officer.
La Polambara's tirade was heard in the footage, with the officer responding "watch your language or I'll lock you up".
Shortly after, La Palombara was seen being pushed to the bonnet of his Audi before he was taken to the ground and arrested.
Defence barrister Steve Boland, instructed by lawyer Caitlin Drabble, ultimately argued against the admissibility of the footage as it was unable to be challenged without witnesses.
"If you cannot scrutinise a person who has provided material as evidence ... you don't have a hearing at all," Mr Boland said.
"That's the worst type of prejudice possible in a criminal hearing."
Police prosecutor Sergeant Sean Thackeray argued the magistrate would still be able to draw "reasonable inferences" of what happened from the footage.
"The probative value (of the footage) is exceedingly high given that it is a recording of the events themselves," Sgt Thackeray said.
Magistrate Michael O'Brien excluded the footage and found La Palombara not guilty of the charges, prompting the physiotherapist to hold his head in his hands and sob.
Mr Boland then asked for court costs to be paid due to the proceedings being initiated "without reasonable cause", arguing La Palombara was not stopped in a no stopping zone and he was waiting in traffic.
"The point is that on it's face, this gentleman didn't do anything wrong. He's just in a queue," Mr Boland said.
Mr Boland said the officer provoked La Polambara as he made "discriminatory remarks" about his religion during the ordeal and that the body worn footage did not depict an assault.
"All of this happens without a move-on direction. The officer was baiting him," Mr Boland said.
Sgt Thackeray argued this was a "disgraceful flipping of the evidence" and there was no case for the awarding of costs.
"What a shameful submission to suggest the officer was in any way acting inappropriately when this was the barrage that he was faced with," Sgt Thackeray said.
"La Palombara could have contested the ticket at court, but chose to take part in threatening violence and abuse at the officer."
Magistrate O'Brien will hand his decision down on costs next month.
Read more Illawarra court and crime stories here.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
