Jack de Belin rape trial: NRL star to challenge controversial no-fault stand-down policy
Facing a third year in the NRL wilderness, Jack de Belin’s agent is demanding changes to the no-fault stand-down rule but the league isn’t budging.
NRL
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Jack de Belin’s agent wants a meeting with ARL Commission chairman Peter V’landys before Christmas to seek a change to the NRL’s controversial no-fault stand-down policy.
But NRL chief executive Andrew Abdo is standing firm, telling The Daily Telegraph the governing body would not be budging on the rule designed specifically to protect the game’s image.
It comes with the St George Illawarra star forward now facing a third consecutive season on the sidelines with a likely retrial not expected before late next year after the jury in his and Call an Sinclair’s sexual assault case could not reach a unanimous decision on Monday.
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De Belin’s agent Steve Gillis told The Daily Telegraph the no-fault stand-down rule has “faults” and “it needs to be looked at”.
“The rule was never brought in or designed to see a player to wait three years to get justice,” Gillis said.
It also could have significant implications to the Dragons’ salary cap situation moving forward under new coach Anthony Griffin.
It is understood de Belin will still get paid a portion of his wage after recently agreeing in principle to a three-year extension with a further one-year option in de Belin’s favour.
However, it is believed that the contract does have clauses designed to protect the club to a degree, meaning de Belin will not be paid in full next season if he does not play.
De Belin has maintained his innocence throughout the case after pleading not guilty to the charges.
BELOW: TIMELINE OF JACK DE BELIN’S TRIAL
Dragons chief executive Ryan Webb said: “We will continue to support Jack and his family as this continues on.”
Gillis said he was looking forward to talking with V’landys.
“At the appropriate time some time prior to Christmas we will have a conversation with the NRL about having a look at the situation,” Gillis said.
“The rule was never brought in or designed to see a player to wait three years to get justice.
“The rule is flawed. It has faults.
“It needs to be looked at.
“I am not saying it needs to be abolished but it needs to be looked at.
“There needs to be some way of judging it on its merits.”
Judge Andrew Haesler said Wollongong District Court did not have space in its list for a three-week trial until August next year.
Even if it moves from Wollongong to a Sydney court he couldn’t get in before July, although there is a chance it could be pushed forward to earlier in the year if it was moved to another regional court.
De Belin and his friend Call an Sinclair will now either face a retrial or the Director of Public Prosecutions could elect not to pursue the charges.
The matter will be mentioned in the Wollongong District Court on Wednesday.
Gillis added the COVID situation was another reason that “there definitely needs to be a conversation” in respect to the no-fault stand down policy.
“I am not banging the drum, we will get to it,” Gillis said.
“We will have a conversation with Peter V’landys because he is approachable and fair minded.
“We will see how we go.”
But Abdo was adamant the governing body would not change its stance: “It is not my call. It is a Commission call. But the Commission has no intention of changing the rule.
“It is a really important rule for us. It protects the game. It protects all the players. There is no change on the agenda. The Commission are all very supportive of the reason we have this rule.
“This rule was about protecting the reputation of the game while a serious criminal process is underway.
“He remains stood down.
“Of course the Dragons will be able to make their own determination as to whether they want to offer him a contract and he can continue to be employed by them. He just won’t be permitted to play.”
In a twist few anticipated, the jury was discharged as it could not reach a decision after just under two days of deliberations on allegations the de Belin and Sinclair raped a 19-year-old woman inside a Wollongong apartment.
The District Court jury sent a note to Judge Haesler earlier on Monday saying that they could not reach a unanimous verdict, only to be told to continue deliberating in the hope of a breakthrough.
They sent a second note shortly after 3pm in which they once again said they were deadlocked.
Judge Haesler asked the jury to consider a majority decision, however they returned for a third time to inform him that they were even unable to reach an 11-1 verdict.
During the trial, de Belin and Sinclair claimed that all sexual intercourse was consensual during the early hours of December 9, 2018.
JACK DE BELIN TIMELINE
St George Illawarra and NSW Origin star Jack de Belin and friend, Call an Sinclair, are arrested and charged with aggravated sexual assault of a 19-year-old woman during a night out in Wollongong on December 8.
The NRL is on a collision course with the players’ union over its push to introduce a “no fault” stand down policy. RLPA chief executive Ian Prendergast backed the game’s stance against violence against women, but urged powerbrokers: “The game can’t be judge, jury and executioner before the criminal process is complete.”
ARL Commission introduces a “no fault” stand down policy for any player charged with serious indictable offence leading to a maximum jail term of 11 years or more. De Belin – who has pleaded not guilty to a sexual assault charge — becomes the first player to be stood down under the new policy.
De Belin’s lawyers challenge the hard-line ‘no fault’ stand down policy which has also been handed to Manly Sea Eagles star Dylan Walker and young Penrith playmaker Tyrone May.
Court documents showed the frustration of RLPA boss Ian Prendergast in his correspondence with NRL chief executive Todd Greenberg and NRL chief operating officer Nick Weeks over the no-fault stand down policy.
A trainwreck off-season will cost the NRL more than $10 million over three years in lost sponsorship, the federal court has heard. Closing submissions have been released in de Belin’s legal bid to overturn his playing ban while defending rape charges. He argues the “draconian” no-fault stand-down rule will ruin his career.
De Belin’s career is in tatters after losing a legal bid to overturn his playing ban for rape charges. The Dragons lock says he is “very disappointed” his landmark Federal Court challenge to the code’s controversial no-fault stand down policy failed.
Justice Melissa Perry ruled it was necessary for the NRL and the Australian Rugby League Commission to bench de Belin in response to a “clear and present danger to their legitimate interests”, given the seriousness of the charges.
The Rugby League Players Association has followed through on its promise to challenge the NRL’s no-fault stand-down rule after issuing a dispute under the CBA.
Dragons are granted a $239,000 salary cap dispensation by the NRL because of de Belin’s suspension, despite the forward being on a salary worth $550,000.
De Belin launches a fresh legal challenge to the NRL’s “no-fault” stand down rules as his lawyers filed appeal documents in the Federal Court against the ruling last month in favour of the Australian Rugby League Commission after the back-rower attempted to have his playing status reinstated.
De Belin wants to meet NRL boss Todd Greenberg face-to-face for the first time in more than 12 months as he braces for the possibility of his court case dragging into a third year. It comes as the Rugby League Players Association will reignite a legal challenge of the NRL’s controversial no-fault stand-down policy. The players union want it scrapped.
De Belin drops his legal action against the NRL’s no-fault stand-down policy, saving himself $300,000, but he remains adamant it is an unlawful restraint of trade that is contrary to his presumption of innocence.
Trial for De Belin and his co-accused, Sinclair, meant to begin. They formally pleaded not guilty to five counts of aggravated sexual assault in Wollongong District Court. But the pair’s sexual assault trial is delayed due to pre-trial argument.
The coronavirus pandemic further delays NRL de Belin’s trial, with his next court appearance delayed for at least two more months. Coronavirus and subsequent safety measures, including social distancing, introduced by the District Court, mean the case has been further adjourned to June 22.
Complex pre-trial legal argument recommences in Wollongong District Court ahead of de Belin’s trial.
De Belin likely to be sidelined for his second full season after his sexual assault case was again adjourned. A decision on complex pre-trial arguments is still weeks away, meaning the trial might not proceed until November. De Belin’s contract with the Dragons is due to expire at the end of this year.
St George Illawarra release a statement, saying “The Dragons can confirm that de Belin has agreed in principle to re-sign with the Dragons beyond the 2020 season, pending the outcome of his imminent court matter. The terms of de Belin’s contract will remain confidential while the matter remains before the court.”
More than 40 witnesses, including NRL players will be involved in the trial of Jack de Belin and his co-accused Call an Sinclair, who are facing serious sexual assault allegations in the NSW District Court.
A jury of five women and six men will continue to pore over evidence after being sent home on Thursday afternoon. They will return on Monday morning to discuss evidence put to them by the prosecution and defence during the three-week trial.
Belin and Sinclair face a possible nine-month wait for a potential retrial after the jury failed to reach a verdict in his high-profile sexual assault trial.
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