Israel Folau claims Raelene Castle told him she ‘respected’ his position on freedom of speech

Israel Folau claims Raelene Castle told him she ‘supported his position on freedom of speech’ a year before his contract was terminated.

Raelene Castle, left, and Israel Folau, right.

Sacked rugby star Israel Folau claims Rugby Australia chief executive Raelene Castle told him the organisation “respected and supported his position on freedom of speech” a year before his contract was terminated, according to court documents.

Folau claims he was unfairly dismissed in the wake of his April 2019 Instagram and Twitter posts stating gay people would go to hell.

In its response filed last month Rugby Australia claimed Folau had conceded to the tribunal that he had breached the code of conduct.

In Folau’s reply, made public on Thursday by the Federal Circuit Court, he said Rugby Australia had a discretion in selecting the level of alleged breach of the Code of Conduct and the proposed penalty.

“There was an implied term of the Player Contract that in exercising the discretion, Rugby Australia would act reasonably and in good faith or with fidelity to the bargain,” his reply said.

He said Rugby Australia breached the obligation to exercise the discretion by categorising the breach as high-level and forming the view his contract should be terminated.

Folau’s legal team allege the tribunal’s decision to sack him was affected by apprehended bias by the membership of Kate Eastman SC, who was co-founder and member of Australian Lawyers for Human Rights.

According to the reply document, Ms Eastman was a member of organisational committees that advocate for the LGBTI community and refused to recuse herself from the tribunal.

Folau’s lawyers claim Ms Eastman and other tribunal members didn’t pause the hearing or participate in conciliation or mediation and instead “allowed and encouraged” the adversarial prosecution of Folau by Rugby Australia’s legal team.

“Rugby Australia made it known to Ms Eastman SC and the other members of the tribunal that it wanted Mr Folau’s contract terminated,” the reply stated.

In April 2018 Folau posted on social media that gay people would go to hell unless they repented.

In Folau’s reply he claims he met with Ms Castle after last year’s incident and she said Rugby Australia respected his position in relation to his religious views and respected and supported his position on freedom of speech.

He also claims Ms Castle told him “Rugby Australia would never ask or expect him to act in a manner or way that is contrary to his beliefs”.

“Further that in the meeting, Mr Folau said to Ms Castle that he believed he had a right to express his beliefs from the Bible and that he would not compromise his faith,” according to his reply.

“He also said to her that if Rugby Australia was not willing to accept his position he would walk away from the game.”

Folau signed a new contract last October and in his reply Folau claimed Rugby Australia, just two days after the new contract was signed, attempted to have him “agree and acknowledge certain purported limitations on his ability to use social media and otherwise comment publicly”.

He said Rugby Australia never followed him up on it and he told Ms Castle that he appreciated where she was coming from but “he had a right to express his religious beliefs about what was in the Bible”.

The parties are listed for mediation in December.