Wayne Carey to contest assault charges

August 6, 2008, 5:41 pm

Wayne Carey's lawyers told the court on Wednesday the facts of his assault case were in dispute.

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Former AFL star Wayne Carey will fight charges he assaulted police and allegedly pushed an officer through a wall by claiming he was defending his property.

Police say Carey attempted to headbutt a police officer and put the elbow of another policeman through a wall in the incident at his Melbourne home, the Melbourne Magistrates' Court was told.

Carey's lawyer said the North Melbourne premiership captain did not agree with the police claims and planned to contest the charges.

The police summary, read in open court for the first time, detailed how the 272-game player had allegedly asked police to come to his Port Melbourne flat in January because he wanted to eject party-goers, including his girlfriend Kate Neilson.

It is alleged Carey would not allow police inside when they arrived.

A struggle began and Carey allegedly tried to headbutt Senior Constable Paul McNulty.

He is then alleged to have struck a second police officer to the head with an elbow.

Carey then allegedly pushed a police officer so hard the officer's elbow went through a wall.

Carey indicated he would plead not guilty to three counts of assaulting police and three counts of resisting arrest.

"As you heard, I will be pleading not guilty and in due course the courts will make their decision," Carey said as he left court.

Carey was not in court on Wednesday when a court clerk called his name leaving his lawyer to scurry out of the room to find him.

A minute later, Carey strode into the packed courtroom wearing a grey suit.

He took the last remaining seat, sitting in the front row behind his lawyer John Carmody.

Mr Carmody indicated the matter would go to a contested hearing.

"There is a factual dispute here," Mr Carmody said.

"A serious factual dispute."

Mr Carmody was then asked by Magistrate Peter Reardon what his defence would be based on.

"Defence of property your honour," he replied.

Mr Carmody said he would call three witnesses.

Mr Reardon adjourned the matter for a contested hearing in February.

At that hearing, police plan to call nine witnesses, including a doctor.

In an interview on ABC television in March, Carey admitted to using cocaine and said he had little sleep for two-and-a-half days in the lead up to the arrest.

"When the police arrived I answered the door and I said, `I'm the one that called the police, I had security up here', I said `everything's fine,' you know `you're not needed'," Carey said.

"Then the police officer started you know pushing his way in the door and I said: `you're not needed' and and then that's when the police then rushed the door, pushed the door in and I was capsicum sprayed and the rest you've seen on TV."

Carey also faces two felony charges in the United States of aggravated battery of a police officer and a count of resisting arrest with violence after an incident at a Miami hotel.

He faces up to 15 years in jail if convicted on those charges.

Carey's Miami lawyer, Richard Sharpstein, has said his client would vigorously defend the US charges.