Ex-NRL star Sam Burgess found guilty of intimidating father-in-law

A confused Sam Burgess will fight to clear his name after a magistrate found him guilty of “terrifying” his estranged father-in-law in a fiery rage, telling him: “I’m going to get you.”

A confused Sam Burgess will fight to clear his name after a magistrate found him guilty of “terrifying” his estranged father-in-law in a fiery rage, telling him: “I’m going to get you.”

The verdict is the culmination of an explosive four months for the former NRL star who faced allegations of violence, drug use and abusive behaviour since he split from his wife Phoebe Burgess after four years of marriage.

Sam Burgess arriving at court this morning with his mother Julie following close behind. Picture: Bianca De Marchi

Moss Vale Local Court Magistrate Robert Rabbidge found Burgess guilty of intimidating Phoebe’s father Mitchell Hooke at his Glenquarry property on ­October 19, 2019 with the intention of causing him physical and mental harm.

A stunned Burgess, 32, told reporters outside court yesterday: “We’re confused by the decision. We’ve appealed the decision. I won’t say anything more, thank you.”

The ex-Rabbitoh captain was sentenced to a two-year community correction order with anger management support.

He is forbidden from ­approaching his father-in- law, the former CEO of the Minerals Council of Australia, nor is he allowed within 1km of Mr Hooke’s farm property.

Burgess previously pleaded not guilty to one charge of intimidation and a back-up charge of assault, which has been withdrawn.

The 10-minute feud that led to his arrest happened in the days after Burgess and his wife told their families of their separation.

Burgess had stopped in at the Royal Hotel in Bowral on the way to the farm, downing four schooners of beer. CCTV from the pub showed him in a good mood and “gracious” with fans, the court heard.

Mitch Hooke, Phoebe Hooke and Sam Burgess.

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. I

t 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”.

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”.

Ms Burgess had left her parents’ home prior to his visit and asked him to leave before she returned, but Burgess “would not take no for an answer”, the court heard.

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. Mr Hooke was no “wilting flower” and was used to confrontation as an experienced businessman, but he was left pale and shaking, Mr Rabbidge found, adding the victim suffered “severe trauma” from the ­attack.

The court heard Mr Hooke called his daughter and said: “It’s OK (Burgess) is gone, he had wild eyes, I’m OK but he came at me, I’m OK.”

He said the fact Burgess conceded Mr Hooke asked him, “so you’re going to hit a 64-year-old man?”, showed Burgess was acting in an intimidating manner.

Further proof was that he told Ms Burgess in a text message that her father had “provoked” him.

“Provoking me is a concession on his part that he had been the aggressor,” the magistrate said.

Mr Rabbidge accepted that Burgess, who was six feet five inches tall and weighed 118kg “terrified” his father-in-law.

“(He was a) physically formidable person — far taller, bulkier, fitter and half the age of his father-in-law,” he told the court.

“An angered Sam Burgess would indeed be a frightening figure for any Australian …”

In an earlier hearing Mr Burgess told the court he texted Ms Burgess after the argument to let her know he had left the property before she replied, “Don’t you ever message me again.”

She then sent a follow-up text shortly after that said, “Harriet witnessed that. You are a pig. You are an ­absolute low life. How dare you. We are done. At least people have now seen who you really are, you f …”

The magistrate accepted the evidence of Ms Burgess, Mr Hooke and younger sister Harriet Hooke, who saw the end of the incident as believable, but described Burgess’s testimony as “changeable”.

Mr Rabbidge accepted Burgess was going through an ugly separation, but that did not excuse the fact Mr Hooke had a right to feel comfortable in his own home.

“You were going through a lot of agony. It wasn’t easy for you,” he said.

“You come to the court as a very high-profile person. You take enormous pride in your career. This is a terrifying experience for Phoebe Burgess and her dad. I must and will record a conviction.”

Burgess’s legal team accused Ms Burgess of attempting to “destroy” her former husband’s reputation by leaking to The Australian newspaper.

But the court rejected the defence’s assertion that Mr Hooke and his daughter “orchestrated” a smear campaign.

Ms Burgess said her decision was aimed at exposing the “toxic” NRL cover-up “system”.

Outside court, Burgess’s mother Julie, told reporters he was a good ­father and she was disappointed with the outcome.

His lawyer Bryan Wrench told the court his client strongly maintained his innocence.

“He hasn’t done this. He has no record of this. He has suffered a significant impact,” Mr Wrench told the court.

Burgess stood down from his role as an assistant coach at South Sydney after the NRL and NSW Police announced investigations into the allegations of domestic violence and drug abuse.

No charges have been laid.

Originally published as Ex-NRL star Sam Burgess found guilty of intimidating father-in-law