NRL urged to review Manase Fainu ban after fresh evidence

After spending two seasons on the sidelines, Manly are considering appealing the no-fault stand-down ruling for Manase Fainu.

Manase Fainu of the Sea Eagles during the Round 23 NRL match between the Canberra Raiders and the Manly Sea Eagles at GIO Stadium in Canberra, Sunday, August 25, 2019. (AAP Image/Joel Carrett) NO ARCHIVING, EDITORIAL USE ONLY

Manly coach Des Hasler has revealed the Sea Eagles are considering an appeal to have Manase Fainu’s ban under the NRL no-fault stand down policy overturned.

Fainu is facing a third season on the sideline after the Covid-19 outbreak further delayed his trial until July 2021. Another key factor was the unavailability of a key witness. The pandemic has caused huge disruption to the courts system in NSW.

On Friday, Hasler said Fainu’s ban has been prolonged due to “uncontrollable circumstances” and that could warrant a request to have his ban reviewed by the NRL.
“He’s in that stand down policy and then obviously the length of time that the player has been out of the game through uncontrollable circumstances, through Covid with the court [case] being postponed.. maybe there is a chance looking at an appeal around those areas,” Hasler said.

“But this something we’ll have to take up, but it is complicated because it involves the NRL, the [ARL] Commission and the integrity unit plus the law courts.”

Fainu hasn’t played since 2019 after he was charged with recklessly causing grievous bodily harm in company, after an alleged stabbing of a man at a Mormon church dance in October.

Manase Fainu is banned under the NRL’s no-fault stand down policy.

Hasler’s comments come after Fainu’s lawyer Paul McGirr implored the NRL to consider overturning the 23-year old’s ban.

Leading Sydney lawyer McGirr believes the emergence of two new eyewitnesses, who will give evidence in Fainu’s trial, should be taken into consideration by the NRL.

“I can confirm that there are two witnesses, two eyewitnesses who were present who weren’t interviewed by police who will be coming to court and stating, we envisage, that it was not our client that did the stabbing,” he said.

While Hasler will be trying to get Fainu back onto the field as soon as possible, the coach’s immediate priority is to topple ladder leaders in Saturday’s highly anticipated clash against Melbourne.

After four-straight losses to start their 2021 campaign, the Sea Eagles are now a dark horse in the race for the title.

Hasler said Saturday’s game would provide a gauge as to just how far the Sea Eagles have improved since the opening month of the competition. Melbourne are gunning for 17-straight after disposing of fellow title contenders South Sydney, Penrith and the Sydney Roosters.

"It's probably more a barometer and test to see where we are at," Hasler said.

"There are still aspects of our game that we want to improve on. And a side like Melbourne is certainly going to ascertain that. "It'll be a type of game where there'll be periods where things aren't going right. It's about how you get out of those periods.

"They're the sorts of things that you look for."

Saturday’s clash marks the 10-year anniversary of the infamous “Battle of Brookvale” and the sideline brawl now etched in rugby league folklore. But Hasler insisted there is nothing but respect between the two sides.

“It‘s not hatred, it’s probably just that the clubs have always had a very healthy respect for each other,” Hasler said.

“And that‘s why I think the games always just have that little bit of extra about them.

“They are the sort of side that when you play Melbourne they make you compete on every aspect so they tend to bring out the best in football teams.”

NRL URGED TO REVIEW FAINU BAN AFTER FRESH EVIDENCE

—Dean Ritchie

The lawyer for suspended Manly star Manase Fainu has encouraged the NRL to consider overturning the player’s no-fault stand-down ruling that threatens to keep him sidelined for a fourth season.

Two new eyewitnesses have come forward to claim Fainu didn’t stab a man during a brawl at a Mormon church dance in Sydney’s southwest.

The NRL stood Fainu down in 2019 – and he hasn’t played since.

Leading Sydney lawyer Paul McGirr believes the fresh evidence could allow the NRL to review their original decision and allow Fainu to return to playing.

“My advice to Manly would be to look very hard at it in the interests of their club and their player,” McGirr said.

Manase Fainu hasn’t played in the NRL since 2019.

“I would certainly be recommending to Manly, and the NRL, to look at the subjective circumstances of this matter in assessing whether a stand down policy is a one size fits all, because I don’t believe it is in this case.

“The NRL has to look at everything on its own merits as opposed to one blanket rule for everybody. This is certainly something we would look at.

“Peter V’landys (ARLC chairman) is smart enough to look at every case on its merits, and I certainly hope he does that in this instance. I certainly hope they at least look at it.”

Manly CEO Stephen Humphreys said he had no immediate plans to contest the NRL’s ruling.

In a blow to Fainu’s playing career, his case has now been delayed until July next year due to Covid.

New witnesses in NRL player’s stabbing case

—Derrick Krusche

Two new eyewitnesses to a stabbing that NRL player Manase Fainu was charged over but who have come forward to claim he didn’t actually do it are expected to give evidence at his trial.

The Manly Sea Eagles hooker was mentioned in Parramatta District Court on Monday – a week after he was dealt a major blow to his career when he was told he would have to wait until July next year to fight the allegations before a jury due to Covid.

The 23-year-old hasn’t played a game since 2019 when he was sidelined under the NRL’s no fault stand-down rule after being charged with intentional wounding over the incident during a brawl at a Mormon church dance in Sydney’s southwest.

Manase Fainu with his mother at the Dally M Awards,

The court was told the victim himself doesn’t know who stabbed him and that witnesses in the Crown’s case have conflicting accounts about what happened.

Outside court, Fainu’s defence lawyer Paul McGirr said two new eyewitnesses to the incident who were never interviewed by police will be called to give evidence at the trial.

“I can confirm that there are two witnesses, two eyewitnesses who were present who weren’t interviewed by police who will be coming to court and stating, we envisage, that it was not our client that did the stabbing,” he said.

Fainu leaves Parklea jail after being granted bail.

“Basically, what you’ve got is the victim not knowing who did it to him … but now there’s also two other witnesses to the actual incident who have come forward and will be giving evidence for the defence”.

The court also heard prosecutors had served a section 38 notice against one of the main witnesses in the case.

Mr McGirr said outside court that application was in relation to prosecutors wanting to seek to cross examine that main witness who could actually help Fainu’s case.

“The defence aren’t going to cross examine someone who helps their case, (prosecutors) don’t necessarily get to treat him as an unfavourable witness, it’s an application that will be made by the Crown,” he said.

Judge Gina O’Rourke, SC, said Fainu was facing the prospect of a lengthy jail stint if he’s found guilty when his lawyers appeared before her in court to seek variations to his bail conditions.

“He’ll be serving a significant period in custody if he gets convicted,” she said.

Crown prosecutor Emma Curran mentioned to the court Fainu had a prior conviction for filming someone “in an intimate situation”.

She said if Fainu’s curfew conditions are amended there should be a requirement that he must be with his parents if he leaves his house at night.

Judge O’Rourke agreed to reduce Fainu’s reporting to police to three times a week and also ordered that he must be with his mum or dad if he leaves his house between 9pm and 6am.