Former Wallaby captain Rocky Elsom tries to overturn French conviction

A former Wallaby captain will attempt to have his conviction for misuse of corporate assets overturned by a French court this week.

Rocky Elsom playing for the Waratahs at Allianz Stadium in 2012. Picture: Mark Kolbe/Getty Images

Former Wallaby captain Rocky Elsom will attempt to have his conviction for misuse of corporate assets overturned by a French court this week, his lawyer claiming the “quantum and seriousness of the irregularities” in his case meant he never stood a chance of a fair trial.

Maître Yann Le Bras told The Daily Telegraph that in his 30-year experience as a criminal lawyer, he has “never seen a case that accumulates as many difficulties in complying with the rules of fair trial”.

“The time has come to expose the reality of this case,” he told The Daily Telegraph.

“This man has not fled from justice, he has just not been given the opportunity to present his defence by being summoned in the normal way, with a charge sheet translated and served in the correct manner, with official notification by foreign prosecutors.as provided for under French Law.”

Mr Le Bras said this “abnormal procedure” must be “analysed as such and therefore cancelled, before being retried fairly”.

Rocky Elsom in 2009.

Last month Elsom exclusively told The Daily Telegraph from his home in Ireland that the first he heard of being convicted and sentenced to five years in jail for misuse of corporate assets was in the media.

Mr Le Bras will fight the conviction in the Narbonne Court on Friday.

“My office can confirm that no attempt was made to notify Elsom of the trial on the 11th of October, 2024,” he claimed.

“The court documents list the notified parties and Elsom was not listed. This is one of the irregularities.”

Mr Le Bras said they would argue evidence showed that Elsom’s email address was provided to the prosecutor and Judge In 2019 but never used to notify him.

Furthermore, Elsom’s public appearance in Dublin, in September of 2024, clearly disqualifies any justification for a procedure in absentia, it would be argued.

Mr Le Bras said that in French law, Elsom has the right to have his opposition to his conviction heard without physically being in France.

“However, given the highly irregular process that has been followed this far, I expect the Tribunal of Narbonne to object to Mr Elsom exercising his legal right,” he said.

Recent decisions from France’s Criminal Supreme Court and European Right High Court in 2003, 2004 and 2007 have granted lawyers the right to present defences and observations in the absence of their client and while there are avenues for an objection to be upheld, they are not applicable to this case.

“My office can confirm that Mr Elsom has never been questioned about the charges in question and never actually put in a position to do so.”

AFP first reported an international arrest warrant had been issued against Elsom who was sentenced in his absence to five years in prison by a French court for misuse of corporate assets.

Charges were brought after Elsom’s time as president of French club Racing Club de Narbonne Mediterranee. He was president from 2013 to 2016.

Mr Elsome denies the underlying allegations for the charge.