RUPA’s pick for Israel Folau’s code of conduct hearing helped save Kurtley Beale’s career in 2014
The three panellists who will decide Israel Folau’s fate have been chosen as a longtime Waratahs teammate has revealed the impact of the storm that has engulfed the team this week.
Israel Folau has “hurt” the Waratahs with his social media antics, teammate Bernard Foley said as the star’s battle against Rugby Australia moved to the next stage.
The three panellists to assess Folau’s code of conduct hearing were confirmed on Good Friday; the independent chair is John West QC, RA’s pick is Kate Eastman SC, and the Rugby Union Players’ Association representative is John Boultbee AM.
Boultbee was also RUPA’s pick on the three-man panel that rejected RA’s attempt to sack Kurtley Beale in 2014 over the Di Patston text message scandal that eventually led to the resignation of Wallabies coach Ewen McKenzie.
A date is still to be determined for Folau’s hearing, and it’s likely to be in the week starting April 29.
Foley joined the growing chorus of Australian players, including Wallabies captain Michael Hooper, vice-captain Will Genia, and halfback Nick Phipps to denounce Folau’s actions.
Whether Folau wins the battle to retain his $4 million contract, it seems highly implausible he’ll ever be welcomed back to the Waratahs or Wallabies, whose coach Michael Cheika has already said he can’t pick Folau any longer.
“He’s hurt the team which is not what we’re doing, and not why we play sport,” NSW five-eighth Foley said. “We’re a team and we encourage diversity.
“I also don’t think Izzy is a bad guy, so there’s a lot of conflict there, but I don’t agree with what he’s done so it’s a tough situation.
“I’ve just had a couple of texts [with Folau] … they were pretty brief.
“Rugby is an inclusive sport, we want a team sport that encourages diversity and to be inclusive of all backgrounds, all religions, all faiths. Something we haven’t done is told people how to believe.
“Rugby, we support everyone’s belief, but you just can’t do it in a manner where you’re trying to hurt people or [marginalise] other people.”
The panel will consider RA’s claim that Folau breached their code of conduct and an official warning letter sent to him last year over posting homophobic material, and Folau’s defence that he was merely rehashing Biblical scripture that he firmly believes in.
West was involved in the high-profile case of television executive James Warburton in 2011, when he successfully defended a lawsuit by Network Seven against Ten Network, who had poached Warburton from Seven to be their chief executive.
RA’s pick Eastman recently represented sacked ABC managing director Michelle Guthrie, who was awarded a $730,000 settlement by the broadcaster on top of a $912,000 payout after her contract was terminated last year.
Boultbee, a lawyer and the high performance director of Volleyball Australia, sat on a panel alongside Mark Williams and Dominic Villa in 2014, after Beale had accidentally sent Wallabies staff member Patston a pornographic image meant for other teammates on a WhatsApp chat group.
The Australian Rugby Union’s chief executive Bill Pulver attempted to have Beale’s contract terminated, but the panel instead fined the player $45,000, allowing him to continue his career in Australia.
Ironically, Beale replaces Folau as the Waratahs fullback this Saturday in the match against Melbourne Rebels at the SCG.
Foley said if Folau did happen to return to the team in future, there would be some stern chats before he could play.
“That’s something that we would do, is sit down and talk to him about the rules of the team and how the team has to come first for all players,” Foley said.
“Because that’s why we play the game, it’s not just individuals who win games.”
WHAT FOLAU’S TEAMMATES HAVE SAID
Will Genia: “You can’t be out there spreading hate and telling people that they’re going to go to hell.
“You can have your beliefs and have faith in what you want to have faith in but you can’t go around trying to tell people they should be going to hell because they are a certain way.
“For me that’s completely wrong.
“If you’ve gone and said those things to Cheik and Raelene [about not posting that material again] there’s a breach of trust and I guess there’s an element of selfishness about it.”
Michael Hooper: “It’s frustrating that I have to stand here.
“It’s hard being here, we’re rugby players for sure, we are trying to create the best team environment we possibly can and at national level.
“In this current state and being here and talking about this as a rugby player, it makes it hard, it makes it difficult [to think about playing alongside Folau again].”
Nick Phipps: “It’s obviously a distraction.
“It’s been going on for nearly two weeks now and the fact that there was such a big press conference [on Monday] about it, it’s not too far from all the boys’ vision every day.
“It was good that there was a united stand between RA and NSW Rugby here.”
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