Kurtley Beale set to appeal court’s decision to deny costs in sex assault case

Kurtley Beale is likely to appeal a court decision rejecting his bid to have the state pay his hefty legal fees, accrued while clearing his name in a sex assault case.

Wallabies star Kurtley Beale is disappointed a judge rejected his bid to have his hefty legal fees paid by the state and is likely to lodge an appeal.

“Kurtley is disappointed in the outcome, as are we, it was not the decision we were hoping for, especially when the CCTV evidence appeared so clear,” his solicitor Lauren MacDougall told The Saturday Telegraph.

“We are looking to pursue an appeal.”

Beale stood trial in the NSW District Court earlier this year after he pleaded not guilty to sexual intercourse without consent and two counts of sexual touching.

Following a two-week trial, the jurors took less than an hour to determine the rugby star had not groped a woman’s bottom at the Beach Road bar in Bondi on December 17, 2022.

They also rejected the woman’s claims Mr Beale had then forced her to engage in oral sex in the men’s bathroom.

The Wallabies star had consistently denied the allegations.

Kurtley Beale flanked by his legal team Margaret Cunneen SC (left) and Lauren MacDougall after winning the case in February. Picture: Supplied

On Friday, Judge Graham Turnbull ruled Mr Beale’s legal bills — estimated to be hundreds of thousands of dollars — would not be paid for by the Director of Public Prosecutions.

Judge Turnbull determined it had been reasonable for the Crown prosecutor to institute proceedings against Mr Beale over the allegations.

“I conclude there were questions of substance to be determined and it was not just simply a word-on-word case,” he said.

During a costs hearing in April, Mr Beale’s lawyer Margaret Cunneen SC argued the Crown case against her client was “extremely weak” and should never have been run.

She maintained CCTV footage of the night of the alleged assault was “most spectacularly different” to the woman’s version of events and showed parts of her account were “plainly wrong”.

However, Crown prosecutor Philip Hogan contended Mr Beale’s statements about the alleged sexual assault in recorded phone calls meant there was a reasonable case to prosecute

In the phone call, Mr Beale told the woman he “misjudged the whole scenario” and said “that’s my f. k up I have to live with”.

Beale paid tribute to his wife Maddie and son KJ for getting him through the trial. Picture: Sam Ruttyn

The Wallabies star has returned to playing rugby. Picture: Getty Images for ARU

During the costs hearing, Judge Turnbull said the taped phone calls appeared to be “a very potent reason to charge” the rugby star.

On Friday, he refused to order the Crown to pay Mr Beale’s costs.

In an exclusive interview with The Saturday Telegraph on the day he was found not guilty, Beale said he had no choice but to believe that truth would prevail — but that didn’t mean he didn’t lie awake at night terrified about what might be.

“Oh god of course, that’s human nature when you’re in a hell situation like this, those emotions come through late at night when you’re laying there,” Beale said, hours after being cleared following a gruelling, highly publicised trial.

“That’s human nature, that natural reaction, we have to doubt and wonder if the truth will ever come out, if things will work out the way they should,” he said.

“I just had to stay focused, train every day, and I was lucky I had the people around me to allow me to do that.”

The Wallabies star said his secret to getting through the “worst” 12 months of his life was his “beautiful wife” Maddie.

“It was important for me mentally to keep my life normal, and my wife and our family helped me to do that and I will be forever grateful.”

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