‘Fatal’ error in Jack Wighton biting case as star Raider referred straight to NRL judiciary

Jack Wighton faces a lengthy suspension that could stretch deep into his South Sydney career – but there’s one key area where the case could fall over.

Jack Wighton is set to referred straight to the jidiciary. Picture: Getty Images

Legal eagles believe Newcastle five-eighth Tyson Gamble’s refusal to testify at an NRL judiciary hearing could prove “fatal” in proving Canberra’s Jack Wighton guilty of biting.

This masthead understands the NRL contacted Newcastle on Monday to inform the club that Wighton would be referred straight to the judiciary and to ask whether Gamble would consider providing a statement with his version of the incident.

Newcastle officials later told the NRL that Gamble would not appear at a judiciary hearing or issue a statement about the alleged Wighton bite in Sunday’s elimination final at McDonald Jones Stadium.

The NRL cannot compel Gamble to provide evidence.

Gamble made an on-field complaint after an incident that left him with clear marks on his arm.

The NRL’s legal counsel will need to prove the bite marks were intentional, a difficult challenge without Gamble’s input.

Jack Wighton has been referred straight to the NRL judiciary.

To find Wighton guilty, the NRL judiciary panel would need to be convinced that there was an intentional clenching of the upper and lower jaw onto Gamble’s arm, which was wrapped across Wighton’s mouth.

This masthead spoke with two legal minds on Monday with lawyer Paul McGirr saying: “Tyson Gamble made an on-field report, he wanted it investigated and now he doesn’t want to provide a statement so that will damage the case.

“The best evidence would come from the person allegedly bitten. The best evidence comes from the actual alleged victim of a crime.

“If they don’t want to be involved, give a statement or say they’re not sure, that is often fatal.

“The evidence as it sits at the moment is, yes, there are marks on his arm but if Wighton hasn’t said anything in relation to biting, and the victim doesn’t want to be involved, then it could be as incidental as having an arm around the mouth.”

Wighton was on Monday referred directly to the judiciary by the NRL match review committee.

He is likely to face a minimum of four weeks on the sideline. Any suspension will be served when he joins South Sydney next season.

The NRL may argue that a clear bite mark is sufficient evidence to secure a guilty verdict.

Without any testimony from Gamble, the NRL will also rely on video footage as well as evidence from the referee’s report.

The obvious concern for Newcastle and Gamble is their looming semi-final against the Warriors, to be played on Saturday night in Auckland.

The Knights are desperately attempting to avoid any distraction before the game given their premiership hopes will be over if they lose.

Gamble would no doubt prefer to focus on a must-win game rather than have his attention diverted by giving evidence against Wighton and the unwanted prospect of a grilling from the Canberra star’s legal team under cross examination.

The hearing is set for Tuesday evening. Raiders officials and Wighton will likely appear via Zoom with lawyer Nick Ghabar expected to represent the Raiders star.

Canberra CEO Don Furner said: “We will defend Jack and get him some representation.”

After Sunday’s game, Gamble said: “Just leave it where it was mate. What happens on the field stays on the field. Everything is an accident – it’s all good.”

Originally published as ‘Fatal’ error in Jack Wighton biting case as star Raider referred straight to NRL judiciary