Dramatic footage showing police Tasering and arresting a man accused of drinking in public has led to a court dropping a charge against him.
In the video, an officer can be heard telling the man he "made a cock of yourself calling out" before a struggle ensues.
Joshua Ford, 26, had pleaded guilty to one count of possessing an open container of liquor in a public place.
However, in the ACT Magistrates Court on Monday, magistrate Robert Cook dismissed the charge.
Mr Cook said he couldn't find the offence proved, after a prosecutor told the court they didn't have evidence the can Mr Ford was drinking from contained alcohol.
"The can is in a stubby holder, on what basis did [police] come to the view he was drinking alcohol in public?" Mr Cook asked.
"What was he arrested for?"
The prosecutor responded: "I don't have anything in the statement of facts or body worn camera footage that confirms that suspicion."
The magistrate stated for police to make an arrest "it can't be an inference, [the officer] has got to know".
"It's a good guess ... but you've got to have more than that," Mr Cook said.
If proved, the charge carried a maximum fine of $800.
Body worn camera footage played to the court shows officers pull up in a car park near Theatre Lane, in Civic, on August 2, 2023.
Mr Ford can be seen holding a can in a stubby holder as an officer asks: "Do you wanna put the drink down, mate?"
"How come?" Mr Ford responds.
"Because you are drinking in public, and you've just made a cock of yourself calling out to us," the officer says.
Another police officer states "you can't drink in public" and can then be seen trying to take the can from Mr Ford.
"Don't touch me, brah," Mr Ford can be heard saying.
Officers then tell the man he is under arrest, grab his hands and a struggle begins.
At one point in the video a police officer appears to have a hand around Mr Ford's throat.
An officer Tasers Mr Ford, who then appears to squirm around on the ground.
"F---ing cops," Mr Ford can be heard yelling.
"Stop resisting, get on your back," an officer says.
The man is then Tasered a second time.
Mr Ford can be heard crying out as he is handcuffed and the video ends.
In court, Aboriginal Legal Service lawyer Emilia Currey said the video "goes ultimately to extra-curial punishment".
Ultimately, Mr Cook dismissed the case.
In a statement to The Canberra Times, an ACT Policing spokesperson said the footage shown in court "does not capture the incident in its entirety".
"In this incident, police were met with a loud, verbally abusive and hostile crowd," the spokesperson stated.
"Within the crowd, police had cause to speak to a man who they observed was drinking from an open container of alcohol despite signage in the immediate area stating this was prohibited.
"When police directed the male to empty the contents, the male became aggressive towards police and non-compliant with their directions."
The spokesperson said the police officers' response and the circumstances surrounding Mr Ford's arrest would be subject to an independent review.
