Jack de Belin’s lawyer says NRL ban is ‘harsh and draconian’
Dragons coach Paul McGregor said if Jack de Belin manages to overturn his NRL ban this week he would “absolutely” rejoin the club’s active roster for their round six clash against Manly on Saturday night.
NSW
Don't miss out on the headlines from NSW. Followed categories will be added to My News.
- Jack de Belin welcomes child with partner
- Beattie job under threat if de Belin wins
- Why Jack de Belin is suing NRL
Rugby league star Jack de Belin is fighting the game’s draconian ‘no-fault stand-down policy’ that could destroy his career, the Federal Court of Australia has heard.
St George Illawarra is ready to play the 28-year-old as soon as Saturday if he wins a legal challenge to overturn his ban for rape charges this week.
NRL boss Todd Greenberg greeted de Belin in the Sydney court on Monday before his lawyer slammed the code’s new hard-line stance he says is unprecedented in Australia, if not the world, as it applies retrospectively.
“It’s a harsh rule, its an unfair rule, it’s a draconian rule,” barrister Martin Einfeld QC said in his opening address.
In March the NRL and Australian Rugby League Commission unveiled a plan to clean up the code following a spate of scandals with the immediate suspension of any player charged with an offence carrying a maximum prison term of 11 years or more.
Mr Einfeld said the rule is automatic and “in effect indefinite”, while affording no right to appeal which is a “remarkable and extreme provision.”
MORE NEWS:
Greg Inglis: Not every great gets a fairytale ending
Who could replace Alan Jones if he leaves 2GB
Cheika: Folau not welcome in World Cup team
De Belin’s immediate playing future is not the only issue at stake with ARLC chairman Peter Beattie’s own leadership under scrutiny pending the result of the landmark case.
The NSW State of Origin player hasn’t run out for the Dragons since being charged with aggravated sexual assault in December.
De Belin, who last week welcomed the birth of his daughter with partner Alyce Taylor, vehemently denies the allegations and faces up to 20 years in jail if convicted.
The Blues forward allegedly raped a 19-year-old woman inside a Wollongong apartment in the early hours of December 9 last year, while his friend and co-accused, Callan Sinclair, watched on.
De Belin is entitled to full pay but can only train with his team for the duration of that criminal case, which may take up to two years to conclude, Mr Einfeld said.
The lock’s manager testified that de Belin would take a “severe financial hit” if he’s not allowed to play for that long.
Stephen Gillis said the ban, which is likely to extend past his October 2020 contract, will render de Belin virtually unemployable due to form loss and reduced field time given his age.
“He needs to be in the shopfront window, playing football at the highest level,” Mr Gillis said.
Greenberg, NRL chief commercial officer Andrew Abdo and Melbourne Storm chairman Bart Campbell have provided affidavits outlining the damage done to the game in the aftermath of de Belin’s charges.
All three are expected to give evidence this week with Mr Abdo claiming “people would be entitled to think Mr de Belin was a sexual predator” whose tarnished reputation has had a “serious impact on television audiences”, the court heard.
De Belin’s legal team want that evidence, and marketing data purporting to show dwindling ticket and merchandise sales, sponsor and broadcaster interest attributable to player misconduct struck out.
“It’s dangerous evidence, it’s without foundation,” Mr Einfeld said.
The NRL and ARLC argue de Belin is not entitled to compensation for any damage to his name or hurt and stress, adding they haven’t formed a view as to his guilt.
They note that the new rule reflects the expectations of league supporters and commercial partners which protects the game’s revenue base, adding its impact on de Belin is “justified”.
The court heard Greenberg provided 500 emails from fans clamouring for the code to take a tougher stance against misbehaving players and endorsing the NRL’s decision on de Belin.
But Mr Einfield says they “do no such thing” with some members of the public slamming the NRL’s actions, asking “what happened to the presumption of innocence?” and stating de Belin was entitled to a hearing first.
The barrister added that much of the reactions from sponsors were not just about de Belin’s charges or the NRL’s “so-called summer from hell” but addressed scandals dating back years.
And any desire to “bow” to sponsors doesn’t justify such “ridiculous, indeed mischievous and unconscionable” conduct, Mr Einfield added.
Dragons coach Paul McGregor said if de Belin wins he would “absolutely” rejoin the club’s active roster for their round six clash against the Manly Sea Eagles on Saturday night.
Beattie could be forced to step away from the top job with the blowtorch to be put on the former Queensland Premier and the rest of the Commission should the rule be overturned.
Beattie has staked his reputation on the contentious policy having championed cultural change after an off season marred by allegations of domestic violence, drug use, leaked sex tapes and Mad Monday public nudity.
De Belin’s ruling will have huge ramifications for the game with Manly’s Dylan Walker and Penrith’s Tyrone May also being stood down for off field incidents of their own.
It’s the first significant test of the league’s powers by a player since Terry Hill took on the draft system in 1991 and could leave the game’s new behaviour policy in tatters as de Belin is also seeking to permanently block it.
De Belin has accused the NRL and the ARLC of misleading and deceptive conduct, claiming neither had the power to bench him on February 28.
Mr Greenberg announced de Belin as the first casualty of the new powers and on March 6 during the ABC730 program Mr Beattie doubled down by stating he had been stood down.
The three-day hearing before Justice Melissa Perry continues.
Watch: Tobacconist blows up in suspected arson attack
A northern NSW tobacconist has erupted in flames overnight in a suspected arson attack, with firefighters scrambling to extinguish the blaze. Watch the moment it explodes.
Sydney pub new battleground between bar baron and financiers
An embattled hospitality baron’s popular Sydney pub has become a battleground for his aggrieved financiers, with a fence put through the middle of the venue after his empire collapsed into administration.