Michael Cheika stuck with Raelene Castle for fight against Israel Folau
Coach’s revelation of a divide with Rugby Australia has plunged legal case against Israel Folau into chaos.
Michael Cheika’s revelation that he has no working relationship with bosses Raelene Castle and Cameron Clyne has plunged Rugby Australia’s legal case against Israel Folau into chaos, with all three needing to work together as the former Wallaby plans to exploit a loophole to return to play.
In RA’s defence to Folau’s statement of claim filed with the Federal Circuit Court of Australia, it rejected his assertion that the termination of his contract was a restraint of trade because it “does not prohibit Mr Folau from seeking to secure a new player contract with Rugby Australia and the operator of an Australian Super Rugby team which would enable him to play for the Wallabies and/or an Australian Super Rugby team”.
This clause will be seized upon by Folau’s lawyers, with The Australian learning that Folau does intend to play for one of Australia’s four Super Rugby franchises next year.
RA needs to work together to build a case that the re-employment of Folau — should he refuse to guarantee he will not make further inflammatory social media posts — would put the game at risk of financial ruin.
Yet Cheika and Castle, two of the major players in the case and both who’ve given testimony in a code of conduct hearing and therefore can be called into the stands by Folau’s lawyers, have fallen out spectacularly after the Wallabies were eliminated from the World Cup quarter-finals.
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Cheika has stood down from his job as Wallabies coach, but remains employed until December 31. A mediation hearing between RA and Folau’s camp is set down for December 13, but if there is not agreement the matter will be heard in the Federal Circuit Court in Sydney from February 4 next year.
Another witness who can be called is former Waratahs chief executive Andrew Hore, who stunningly quit his role two weeks ago to join the Auckland Blues.
Such turbulence with the Australian rugby ranks hardly bodes well for their legal case, with Folau pursuing $10 million in lost and future earnings, as well as an apology for his sacking over a homophobic religious social media post. There are no guarantees Castle or Clyne will remain in their jobs by February should the case proceed to trial.
They are under enormous pressure after the handling of the Folau saga and the Wallabies’ woeful record under Cheika, who they and the RA board chose to back at the end of last season when there were calls to sack the coach.
Instead, they appointed Scott Johnson as director of rugby, essentially to oversee Cheika who was not pleased.
That resulted in the breakdown of the relationship between Cheika, Castle and Clyne.
Castle, who remains in Japan with a SANZAAR meeting to attend on Friday, is in the midst of negotiations on a new broadcast deal with Fox Sports and others, and the RA board is unlikely to favour her removal to bring in a new boss who must start over again.
Clyne is understood to be keen to continue, and is unlikely to stand down before the next RA annual general meeting in April 2020.
RA has been slammed for announcing that Johnson will lead a review into the disastrous World Cup campaign given that he was a selector and they would seem to be reviewing themselves.
However, it is understood that independent reviewers could be asked to assist Johnson with the final recommendations. Upon arriving back in Australia on Tuesday morning, Cheika said his replacement should “definitely” be another Australian.
“I think definitely we should be pushing for an Australian coach,” Cheika said. “It’s not up to me but I think we should be backing and supporting Australian coaches wherever possible.”
Ireland-based former World Cup winner Stephen Larkham, who Cheika effectively had removed as Wallabies attack coach after a diabolical 2018 season, looms as the most likely Australian candidate.
“I’ve had Bernie (Larkham) at the Brumbies. Enjoyed my time there,” said retiring Wallabies flanker David Pocock when asked about Larkham’s qualifications.
“My understanding is he’s pretty well locked in overseas (with Munster). “All those things are above our pay grade. That’s for the people at the top to be deciding.”
Pocock said the players were shielded from the dysfunctional dynamic between Cheika and Castle and insisted the off-field friction had no bearing on the Wallabies’ poor showing in Japan, or at any stage this year. “There’s no excuses,” Pocock said.
“We prepared well and you’ve got to cop it on the chin. We weren’t good enough.”
The Daily Telegraph
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