Police can‘t prove ex-NRL star Josh Dugan knew of Covid-19 restrictions, lawyer says

The lawyer for sacked Cronulla Sharks star Josh Dugan has told a court police are unable to prove a vital element in the two charges against him and his co-accused, Ben Williams.

Former NRL star Josh Dugan has appeared in Lithgow Local Court to fight charges alleging he breached Covid-19 legislation in August last year. Picture: Jeremy Piper

The prosecution of ex-NRL star Josh Dugan over alleged Covid-19 breaches at the height of the pandemic has exposed a “fatal flaw” in the drafting of the controversial legislation, a court has heard.

Dugan and his housemate, Ben Williams, were travelling from Gymea, south of Sydney, to a property in Yetholme, near Bathurst, in August last year when they were stopped by police twice in one night and accused of breaking the law.

Police alleged the two men had breached the then-current version of the legislation, which the court heard was changing on an almost daily basis, by leaving Sydney and travelling to regional NSW “without a valid excuse”.

Dugan and Williams were charged with two counts each of failing to comply with a noticed direction under the Public Health Act, to which they pleaded not guilty.

Dugan, a former Australian centre and two time NRL All-Star, had his contract with the Cronulla Sharks terminated as a result of the charges.

Ex-NRL star Josh Dugan (left) and his best friend Ben Williams outside Lithgow Local Court on Friday. Picture: Jeremy Piper

He announced his retirement from rugby league the following month, but has since signed with regional club Orange United.

In Lithgow Local Court on Friday, solicitor Paul McGirr, representing both men, said the case against Dugan and Williams was fundamentally flawed due to the unique wording of the legislation, which required police to prove beyond reasonable doubt that the two men knew what restrictions were in place at the time.

Dugan formerly played for the Cronulla Sharks. Picture. Phil Hillyard

Mr McGirr told the court the public health legislation was changing almost daily and there was no evidence before the court that Dugan or Williams knew exactly what restrictions were in place that night.

“The flaw in the [police] case is having to prove positively that my clients had notice of the orders,” he said.

“Absent [proof of that knowledge], the matter must fail.”

The court heard Dugan and Williams were initially stopped by police at Lithgow just before midnight on August 20 and told to turn around and drive back to Sydney, however they allegedly continued heading towards Yetholme, some 30 minutes away.

Dugan pictured outside Lithgow courthouse with his lawyer, Paul McGirr. Mr McGirr said the case against Dugan and his best friend, Ben Williams, was ‘fundamentally flawed’. Picture: Jeremy Piper

The same officers stopped the two men at Meadow Flat about half an hour later.

When questioned, Dugan allegedly told the officers he was in the process of moving to Yetholme, and produced a receipt for an internet modem he’d ordered for the house.

He also said the pair was heading to the home to feed animals that lived on the property.

Moving house and caring for animals were both considered valid excuses for moving to and from regional NSW under the legislation, the court heard.

However, police prosecutor Sergeant Darren Pearce said there was no evidence before the court that Dugan was living at the property or in the process of moving.

“Evidence of a modem isn’t evidence of residence,” he said.

He also said the court could conclude from the nature of the conversation between Dugan and the officers, which was caught on police body-worn cameras, that the two men “had an awareness of” the public health orders in place at the time.

Magistrate Kasey Pearce will hand down her decision on December 2.