Shocking footage has emerged showing two men who were accused of assaulting police being pepper sprayed, choked and kneed in the head at a popular restaurant.
Oskar Sarkans and Peter James Kleinschafer were set to appear at Southport Magistrates Court on the Gold Coast on Tuesday, charged with bashing police, public nuisance and obstructing officers.
But the trial was sensationally called off on Monday evening with new video emerging of the encounter appearing to show police use excessive force.
The accused never retaliated or attacked the officers during the clip.
Oskar Sarkans is pictured with his hand covering his face as he is being pepper sprayed by police
The incident unfolded last year on December 28 at a busy Paradise Point eatery.
A manager at an adjacent restaurant had called police to complain ‘bikies’ had urinated in a alley nearby.
When police arrived at the scene, the situation quickly escalated.
Mr Sarkans is a model and bodybuilder who was unfairly stereotyped as a ‘bikie’, his lawyer said
Footage showed Mr Kleinschafer get pepper sprayed from point blank range by an officer before he was pushed to the ground and place in a choke hold.
The same officer then handcuffed the diner and kneed him in the back of the head before dragging his face along the concrete ground.
While this was happening in full sight of restaurant-goers, his best friend Mr Sarkans was also kneed in the back of the head by two officers after being pepper-sprayed.
Mr Kleinschafer had to take eight months of work following the ugly incident.
Prosecutors dropped the charges against the men after police insisted for nine months they were attacked.
The men’s lawyer Campbell MacCallum, of Moloney MacCallum Abdelshahied Lawyers, said they were incorrectly stereotyped as ‘bikes’ despite, despite having no connection to motorcycle gangs.
Peter James Kleinschafer is pictured after being pushed to the ground and pepper sprayed
He said police had told the pair to leave the restaurant but the men were asking what would happen to their half-eaten meals.
‘All I can gather is one of the police officers has had a rush of blood, sprayed one of the persons and then the second police officer has sprayed the second person,’ Mr MacCallum told the Gold Coast Bulletin.
Mr MacCallum told Nine News: ‘I think the behaviour from the police on this occasion was disgraceful.
‘It’s a matter of police justifying what they have done by charging these two particular people.’
Mr Sarkans, who is a model and bodybuilder, took to his Instagram page to reflect on the incident.
‘Police brutality is becoming a routine now in Australia and yes people you need to fight back,’ he wrote.
An officer has the Mr Kleinschafer is handcuffs before kneeing him in the head
‘Not a statement that all police officers are the same, [but] too many of them are just not suitable to do their actual job.
‘Too much enforcing not enough policing.’
Gold Coast Police Superintendent Mark Wheeler said a second review of the case had been ordered in the wake of the new video.
‘Police are reviewing the incident and will take appropriate action,’ he said.
‘Generally, when a charge is withdrawn we have a prosecution review process to establish if there was any error made, any error in law or any other issue like an excessive use of force.’
The charge of urinating in public levelled at Mr Sarkans is also expected to be dropped by Queensland police.