Israel Folau guilty of breaching Rugby Australia contract

Israel Folau’s fight for his $4 million contract took a major blow after the panel presiding over the hearing deemed his social media post was a high-level breach of his Rugby Australia contract. But the under-fire star has been backed by a legend of the game.

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Former Wallabies coach Alan Jones has slammed Israel Folau’s guilty verdict, using his 2GB radio show to declare those who prosecute the under-fire star “are sick.”

Folau’s career is on the brink of ruin after the rugby star’s fight for his $4 million contract took a major blow when the panel presiding over his code of conduct hearing deemed his controversial social media post was a high-level breach of his Rugby Australia contract.

RA had moved to terminate Folau’s contract based on their conclusion that he had made a high-level breach of his contract – low and mid-level breaches would not allow them to sack him.

While the panel has yet to reach their decision on what the ultimate sanction for Folau will be – this could take days – the fact they’ve agreed with RA that the Wallabies fullback has committed a high-level breach has greatly heightened the chances that Folau’s rugby career in Australia is finished.

Wallabies star Israel Folau leaves the hearing with wife Maria on Tuesday night in Sydney. Picture: AAP/Paul Braven

Maria Folau holds her husband’s hand as they leave the hearing on Tuesday night. Picture: AAP/Paul Braven

The 30-year-old may now be sacked, fined or suspended as a panel comprising chair John West QC, Rugby Australia representative Kate Eastman SC and the RUPA-appointed John Boultbee retire to consider the options.

Jones was apoplectic on on Wednesday morning.

“The Australia that our Anzacs fought for seems to be disappearing before our very eyes,” Jones said.

“It prompts you to wonder what kind of society we’re living in.

“Nothing wrong with Israel, it’s the society and those who prosecute him who are sick.

“But the cancer won’t kill us, it’s the cancer that will be removed, not Israel.

“The Australian people won’t accept this.

“This is not the Australia our veterans fought for and we’re going to have to take our country back by argument and by the democratic and peaceful process — not by hate and revenge or vilification and intimidation.”

Fortmer Wallabies coach Alan Jones has slammed the panel’s decision to find israel Folau guilty. Picture: AAP

Jones, who coached the Wallabies during a golden era in the late-1980s, went as far as to say he was now “ashamed” of rugby.

Folau’s legal team had argued that his homophobic social media posts were not his own words and that of Biblical scripture, while claiming his player contract did not include specific clauses about what he could and could not post on social media.

However, after 22 hours of hearings over three days, the panel of John West QC, Kate Eastman SC, and John Boultbee AM decided that Folau had indeed breached RA’s Professional Players’ Code of Conduct at the highest level.

It means Folau, who rejected a settlement offer of $1 million by RA before the matter went to a code of conduct, will not receive any payout now.

Both Folau and RA will give written submissions to the panel before a sanction is handed down.

Folau wearing his faith on his wrist during a match against England in June 2016. Picture: AP/Rick Rycroft

Folau and his legal team will plead for leniency on the issue, saying while it is a high-level offence, he should be fined and suspended instead of having his contract torn up.

RA will counter that they have no option but to go through with the sacking of Folau, given his vilification of the gay community, and the reputational and financial damage he has inflicted upon the code.

The decision around the level of breach Folau committed with his April 10 post that homosexuals and other sinners were destined for hell cannot be underestimated.

Had the panel decided it was a low or medium-level breach, RA would not have been able to legally terminate him, and would have been forced to offer him a settlement of millions to walk away.

RA’s case hinged on the fact their integrity unit had decided it met the high-level threshold, thus allowing them to terminate his four-year deal signed in February.

Folau’s future looks grim.

If he is sacked, English, French and Japanese clubs are unlikely to sign him because they too are conscious of ramifications of players publicly airing homophobic views.

Several international players slammed Folau after his post, and club owners are mindful that they do not want to sign a player – as talented as he may be – if it would divide their dressing room.

RA had given Folau a formal warning last year after he posted homophobic material on social media – based on his deep, extreme Christian beliefs.

This warning was a key in the panel ruling that Folau knew full well the damage he would cause the game by posting similar material 12 months later.