Love, not malice: Israel Folau stands his ground

An unrepentant Israel Folau was given numerous opportunities to save his rugby career but refused.

Israel Folau and his controversial social media post.

An unrepentant Israel Folau was given numerous opportunities to save his rugby career but refused.

Before and during his code-of-conduct hearing, Folau could not make any guarantees he would refrain from making further ­social media posts targeting the gay community if he was kept on by Rugby Australia, and refused to take down the April 10 Instagram post that could have saved him from termination.

Folau was advised that if he removed the offending post, saying that homosexuals and other sinners were destined for hell unless they repented, it would show remorse and therefore his code-of-conduct breach could be classed only in the low to mid-level.

MORE: Alan Joyce breaks his silence; Alan Jones writes Folau has become a metaphor for modern Australia

The 30-year-old was adamant he would not take down the post because he was not remorseful — it still remains on his page — and therefore he was charged with a high-level breach.

Some in Folau’s team were left exasperated by his unshakeable stance, but the player reiterated that he did not post the message with malice but from love.

A high-level breach is the only one that allows pursuit of contract termination, which RA is seeking.

Folau was cross-examined by lawyers at the hearing and repeatedly given the opportunity to guarantee he would not make posts in future that specifically targeted the gay community.

Folau replied with words to the effect that he would not back down. He said he would “not change” and he would still post his religious beliefs on Instagram.

A three-person panel of John West QC, Kate Eastman SC and John Boultbee found Folau had made a high-level breach of RA’s professional players’ code of conduct, in part because he showed no remorse and gave no guarantee he would stop.

Folau had been given a formal warning for similar remarks on social media last year that caused an outcry and had sponsors threatening to walk out on RA.

Folau met RA chief executive Raelene Castle, Waratahs boss Andrew Hore and Wallabies coach Michael Cheika at the time, and discussed the post and the ­reaction to it.

While the trio — all of whom were called to give evidence at the hearing — believe they made it clear to Folau what was and was not acceptable to post, Folau ­argued that it was never specifically outlined.

The panel has not yet decided upon a sanction for Folau — that is expected to be early next week.

However, the decision to deem Folau’s actions a “high-level breach” means termination is on the table. What is understood to have been factored in is if Folau ­escapes termination and then makes another provocative post, he and RA will be forced to another costly code-of-conduct hearing.

The complex issues around religious freedom, vilification and workplace sanctions meant the hearing went for 22 hours over three days.