NRL star Sam Burgess found guilty of intimidating wife Phoebe’s dad Mitchell Hooke

NRL star Sam Burgess has spoken outside court after he was found guilty of intimidating his former father-in-law and convicted.

An “enraged” Sam Burgess intimidated his estranged father-in-law when he said he would “get” him during a fiery confrontation at a farm in the Southern Highlands, a court has ruled.

Ex-NRL star Burgess, 32, was convicted of intimidation at Moss Vale Local Court on Friday over the argument with Mitchell Hooke – father of ex-wife Phoebe Burgess.

He was sentenced to a two-year community corrections order with anger management support.

Outside court, the South Sydney premiership winner told reporters he was “confused” by the decision and that his legal team had already lodged an appeal.

Sam Burgess (right) speaks to the media before after being convicted on Friday. Picture: NCA NewsWire/Bianca De Marchi

“(I’m) confused with the decision, we’ve appealed the decision,” he said.

“I’m not going to say anything further. Thank you.”

His mother Julie also defended her son calling him a “good man and a good father”.

The Rabbitohs legend had pleaded not guilty to intimidation and a back-up count of common assault over the verbal clash with Mr Hooke at his sprawling Glenquarry property on October 19, 2019.

The assault charge was dismissed.

Magistrate Robert Rabbidge also granted a two-year apprehended violence order preventing Burgess from going within 1km of Mr Hooke’s house.

Sam Burgess was found guilty of intimidation. Picture: NCA NewsWire/Bianca De Marchi

In convicting Burgess, Magistrate Rabbidge said it was clear the threats made to Mr Hooke were born of a “highly charged emotional state”.

He said the 6’5”, 118kg Burgess was a “physically formidable person, far taller, bulkier and fitter and half the age of his father-in-law”.

“An enraged Sam Burgess would be a frightening figure for any Australian,” Magistrate Rabbidge said.

“I’ve found you guilty and I note you were going through a lot of agony and it wasn’t easy for you.

“This was a terrifying experience for Phoebe Burgess, and of course her dad in particular.

“I must record a conviction.”

He accepted the evidence of Ms Burgess, Mr Hooke and younger sister Harriet Hooke – who witnessed part of the altercation – as believable, but described Burgess’s testimony as “changeable”.

After the guilty decision, Burgess’s lawyer Bryan Wrench was heard in court saying: “He hasn’t done this … he’s suffered a significant impact as a consequence of this”.

Sam Burgess posed for pictures at a nearby pub just hours before the altercation. Picture: Supplied

Burgess had conceded at a hearing in January that he had sworn at Mr Hooke, but claimed it was his father-in-law who was the aggressor in the verbal stoush.

His barrister Phillip Boulten, SC, argued the allegations were part of a concerted effort to smear Burgess’s reputation amid an ugly marriage breakdown, a theory rejected by the magistrate.

During two days of hearings held in November and January, Burgess conceded he had been involved in a fiery confrontation with Mr Hooke and called him a “piece of shit”, but claimed the businessman was the aggressor and threatened to “ruin” his career.

Mr Hooke, the former chief executive of the Minerals Council of Australia, had claimed in court that Burgess was “wild” and “crazy” and that he feared for his safety.

Mitchell Hooke claimed he was threatened with violence. Picture: John Grainger

Phoebe Burgess gave evidence in support of her father. Picture: John Grainger

Magistrate Rabbidge accepted Mr Hooke‘s evidence that he found Burgess in the loungeroom of the Hooke family home watching rugby league with his two children.

It was about 4pm and the end of the footballer‘s designated visit with his son and daughter.

Mr Hooke told his son-in-law: “It‘s OK, Sam … I can look after them from here.”

Burgess became aggressive and “came” at his father-in-law saying ”You‘re a f***ing piece of shit” and repeatedly saying ”I’m going to get you.”

Mr Hooke told the court in evidence he had “never felt fear like it” and his whole body ”went cold”.

Phoebe and Sam Burgess were going through a separation at the time of the incident.

The court heard he asked Burgess: “So you‘re going to hit a 64-year-old man?”

He then added: ”They’re going to put you away for that, Sam”.

In accepting that evidence Magistrate Rabbidge said “surely such words could only be uttered after a close confrontational encounter”.

The intimidation continued outside as Burgess made his way to his car to leave the farm, with Mr Hooke calling out from the veranda.

“Sam what are you doing? You’re fighting with the NRL, you’re fighting with your club, you’re fighting with your family. What are you doing?”

Mr Hooke claimed Burgess then began striding back towards him “screaming and yelling” and he believed he would hit him.

The couple have two children together. Picture: Ryan Pierse/Getty Images

That made him feel “absolute terror” and caused an “acute traumatic shock” that left him pale and shaky on his feet, the magistrate said.

“What is incontrovertible in this case is the shock and distress that Mr Hooke displayed to his daughters and police,” he said.

Burgess had stopped in at the Royal Hotel in Bowral on the way to the Glenquarry farm on the morning of October 19, downing four schooners of beer.

CCTV from the pub showed him in a good mood and “gracious” with fans, the court heard.

But Magistrate Rabbidge found that Ms Burgess‘s decision to renege on a plan to speak with Burgess in person that day may have sparked a reaction.

A text message he sent to his wife soon after the incident saying Mr Hooke had been “following me around provoking me” was a “concession” that he had been the aggressor, Magistrate Rabbidge said.

Sam Burgess was represented by lawyer Bryan Wrench (left) on Friday. Picture: NCA NewsWire/Bianca De Marchi

In November the court was played a Triple-0 call made by Ms Burgess on the day of the incident in which she could be heard saying: “Look I’m just a bit shaken up … my husband and I are going through a bit of a separation at the moment … He has threatened and abused my father.”

Burgess, however, giving evidence last month said he had been “calm but angry” when asked to leave and claimed Mr Hooke followed him out of the house and abused him.

“He said: ‘You could have had all this’, and I said: ‘All of what? I don’t want that. It’s all fake’,” Burgess told the court.

“He said: ‘F**k you Sam’. I returned the serve. I said: ‘F**k you Mitch, you’re a piece of shit’.”

He claimed Mr Hooke then threatened to ruin his career “if it’s the last thing I do”.

Former NRL star Sam Burgess said he was going to appeal the decision. Picture: NCA NewsWire/Bianca De Marchi

Texts messages between Burgess and Ms Burgess tendered in court revealed a furious exchange in the wake of the incident.

“You’re an absolute low life. How dare you,” she wrote. “We are done – at least two people have now seen who you really are you f. k.”

Burgess replied: “You guys are all the same. Your dad does exactly what you do. Non stop, following me around provoking me. It was exactly like you.”

It is unclear how the decision will impact on his employment at South Sydney. Picture: NCA NewsWire/Bianca De Marchi

Mr Boulten claimed Mr Hooke and Ms Burgess had “tried to destroy my client’s career”.

“This case is part of it. And it‘s not going to stop here,” he said.

Burgess remains on the coaching staff of South Sydney, who have said they will await the result of an NRL review before making a decision on his future.