Nicholas James McCormack has charges dropped after alleged nightclub assault

The cop son of former Deputy Prime Minister Michael McCormack has walked free from court after several charges relating to a post-Christmas party nightclub assault were dismissed.

Nicholas James McCormack was charged with five counts of common assault and domestic violence-related stalking or intimidation and affray, pleading not guilty to all charges except one of common assault.

Mr McCormack pleaded guilty to common assault against a police colleague but no conviction will be recorded.

Police had alleged the constable assaulted a woman at a licensed venue on William St in Darlinghurst shortly before 1am on November 24, 2023, attacking three other men at the same time.

In court on Wednesday, Magistrate Jennifer Wong dismissed the six charges which McCormack pleaded not guilty to, noting the prosecution had failed to prove elements of the charges.

The remaining charge of common assault against Senior Constable Alexander Ward was subjected to a section 10, which allows a court to find a person guilty of an offence but discharge them without recording a conviction.

Ms Wong said on the night in question several serving police officers attended Club 77 following a Christmas party for the Sydney City police station, where it was alleged multiple drunken altercations occurred, including an act of alleged intimidation against his partner, officer Emily Waddell.

The court was told Mr Ward was allegedly sitting inside the club “in close proximity” to McCormack’s partner where the first assault occurred.

Ms Wong said Ms Waddell had arrived at the bar earlier and was sitting with Mr Ward who put his arm behind her back.

McCormack then arrived, and “interpreted that circumstance to be untoward” when he saw the man talking to his partner, the court heard.

In his evidence, security guard Saad Khan told the court he recalled seeing two males holding the collars of each other shirts, and one had the other against a wall.

The two men were then separated and left the club.

In an earlier hearing, Ms Waddell told the court it all “happened very quickly”, and she was “pretty worked up” and “intoxicated”.

She said she recalled security coming out and running towards McCormack and taking hold of him.

She added she had never held any fears of McCormack, or any feelings of intimidation by him.

Lawyer Paul McGirr told Ms Wong on Wednesday he believed his client had already been punished enough, given the media’s involvement due to his father being a “high-profile figure”, and the fact the matter had occurred nearly two years ago.

“He should be given a once in a lifetime opportunity … a warning,” he told the court.

In her reasons, Ms Wong said she was satisfied self-defence had been applied by McCormack during the incident, as well as alcohol being a factor.

The magistrate added McCormack was of otherwise good character, had no prior criminal history, and the incident occurred in the context of alcohol being consumed.

“I tell lots of people alcohol is not your friend … and this is certainly the case for you,” she said while looking at McCormack in court.

The matter will return to court on December 5, where Mr McGirr is expected to make an application for costs.

The 27-year-old cop is the youngest son of former Nationals leader Michael McCormack, who also served as deputy prime minister between 2018-2021 under then Prime Minister Scott Morrison.

The younger McCormack graduated from the Goulburn Police Academy in 2020, with his graduation ceremony held at the Sydney Cricket Ground with his father and Mr Morrison in attendance.

His father Michael McCormack, from Wagga, was elected to the House of Representatives for the Riverina region in 2010. Before politics, he was editor of the city’s local newspaper, The Daily Advertiser.