Kurtley Beale faces up to date with tribunal

By Darren Walton / Wire

Michael Cheika is doing everything he can to keep Kurtley Beale in Australian rugby, but concedes he’ll have no bearing on the troubled playmaker’s fate at Friday’s code-of-conduct hearing.

Beale’s immediate playing future will be decided by an independent three-man panel comprising District Court judge Mark Williams SC, former Wallaby David Giffin and barrister Dominic Villa.

The hearing into his alleged sending of lewd texts and offensive images to teammates and inadvertently to former Wallabies business and logistics manager Di Patston will take place at ARU headquarters in Sydney from 5pm AEDT.

Cheika and his 33-man Wallabies squad are scheduled to fly out to Europe for their five-match end-of-season tour 10 minutes earlier.

While Cheika would love to have his NSW Waratahs playmaker on the plane with him, the newly appointed national coach is staying out of the politics to avoid prejudicing Beale’s hearing.

“There’s no doubt he had a great season last year. But I’m sure that Friday everything that needs to get done will get done,” Cheika said on Thursday.

“But it’s pretty important that I stay out of it and let it take its course.”

Cheika said he spoke to Beale earlier this week, while ARU chief Bill Pulver admitted during his unveiling of the new Wallabies coach that the pair had discussed the backline ace during contract negotiations.

Cheika is privately very concerned about the ramifications of the Waratahs losing Beale should he be found guilty of misconduct and and not be offered a new ARU contract.

Apart from that dreaded scenario leaving the Waratahs impossibly short of time to find a quality replacement ahead of their Super Rugby title defence commencing in February, Cheika fears losing Beale would also impact on the franchise’s ability to recruit other stars.

Patston resigned earlier this month citing stress following the ordeal which triggered one of the most tumultuous fortnights in Australian rugby history.

The saga also claimed the scalp of coach Ewen McKenzie, who stood down after Saturday’s Bledisloe Cup loss to New Zealand.

It is unclear whether McKenzie or Patston, due to no longer being employees of the ARU, will give evidence at Friday’s hearing when Beale faces a charge of breaching section 7.3 of the ARU’s Member Protection policy, which relates to anti-discrimination and harassment.

Even if Beale, who has a long rap sheet, is cleared of misconduct, Cheika said that didn’t necessarily mean he’d be on the next plane to Europe for Wallabies showdowns with the Barbarians, Wales, France, Ireland and England on successive Saturdays in November.

“I wouldn’t put it that way just yet,” Cheika said on Nine’s Today Show on Thursday.

“You’ve got to just let it pan out.”

The Crowd Says:

2014-10-24T14:56:05+00:00

Rob G

Guest


They certainly are indigenous, but they aren't the role models for the indigenous community that KB is

2014-10-24T09:04:45+00:00

Pete

Guest


RobG that has to be the most ignorant post I have ever read. So Beale gets the presumption of innocence but Di gets labelled mentally unstable and unqualified! Where is the proof of that?? How did she "abuse" players? Again that's heresay! You should be ashamed.

2014-10-24T07:26:43+00:00

Daz

Guest


RT with all due respect to your obvious legal knowledge and expertise, it's not a legal problem. It's a PR problem, it's a customer perception problem, it's a marketing brand problem with legal ramifications. Your learned arguments just serve to cement the conclusion that when you go to the legal mattresses, your landlord is your lawyer. All women are gonna hear is "lewd text" with "fat woman archer." All good men are gonna see is a spoilt, over-indulged brat who should have borne the rod of discipline more and maybe turned out better. By all means keep him in NSW but nowhere near my national side who are supposed to represent my ideals and my values.

2014-10-24T03:42:32+00:00

Ball'n'all

Guest


Some funny spelling errors in there. My tablet keyboard and I aren't on the best of terms.

2014-10-24T02:48:32+00:00

Ball'n'all

Guest


Were has Hooper said he is supporting sexual harrasment? He pubicly supported beale after the plane trip to Argentina BEFORE the texts were leaked. What evidence do you have that it was sexual harrasment on the plane? As far as the players were concerned the texts were dealt with by aru management four months ago. Why would they stop supporting beale over the plane incident with the texts being released? Stop pretending you know what happened on that plane and wait for some actual evidence before demanding the captain must be sacked. Adding !!! to your assumptions does not convert them into facts.

2014-10-24T02:34:59+00:00

Ball'n'all

Guest


RK, i mean more relevant to the general discussions on this forum, rather than Beale specifically. Their are plenty of people here getting their knickers in a twist of moralistic fervor wanting the players to be dragged in front of a firing squad and claiming any review of DP's role is offensive. My interest in this whole affair is what happened on that plane to cause the players to go into open rebellion. The lynch mob have predetermined answer (the players support offensive texts) and get upset if we stray from that dogma.

2014-10-24T02:34:13+00:00

Don

Roar Rookie


Folau scored 10 tries on the 2013 EOYT! He was "unleashed" by Quade Cooper back then. Beale wasn't on the tour. I think the key to "unleashing" Folau is for someone to give him good ball in some space. Like most good runners want...

2014-10-24T02:18:23+00:00

DaniE

Roar Guru


Thanks RT, for showing that the whole scenario is even worse than I could have ever imagined!

2014-10-24T01:14:11+00:00

barbz

Guest


I am sick of this saying, "The key to unleashing Folau." Is Folau such a bad player that he can only play alongside one other player? Maybe Folau isn't all he was cracked up to be. Seems like the same stuff people would say defending Quade when he was playing poor 2011-2012 by blaming the inside centre for Quade's form. Or blaming Quade for Tapuai's form at the Reds.

2014-10-24T01:11:35+00:00

Mick Gold Coast QLD

Roar Guru


I agree about the wonderfully hyperbolic "impact player" bit missing a "minimum". After thinking about RT's apparently knowledgeable summary of the process and bearing in mind the courts' and tribunals' primary purpose is to accommodate a good excuse (and inventive ones too) I fear, RodMac, that Good Bloke will end the week as triumphal as the recently celebrated record holder of 3½ senior coaches' scalps on his belt.

2014-10-24T01:09:33+00:00

General Duncan

Guest


Ha! The only point I was going to make in response, you covered in your last line. Thanks for the insight. It's the insidious nature of these things that they can escalate and metamorphose so rapidly out of control. I guess that's why we always hope workplace disputes are resolved quickly and summarily at the lowest level, like DP and KB appear to have almost done in June. One things almost certain, this isn't getting resolved tonight - irrespective of the collective will.

2014-10-24T00:50:23+00:00

HarryT

Guest


Agree jutsie. Patston may not want to go to this tribunal, but I'm sure her lawyers will urge her to do so.

2014-10-24T00:45:29+00:00

RT

Guest


You might be able to, I'm getting very bored at home and will probably go back to practise next year.

2014-10-24T00:41:40+00:00

RT

Guest


GD it depends what the players contracts say in relation to dispute resolution but the scenarios are horrendous. You got the ARU hearing a code of conduct hearing via an "independent tribunal", frankly the very fact that one of the protagonists appointed the tribunal is like me and you getting into a dispute and you appointing the judge. Would anyone consider that acceptable? When it comes to Patston if I was her lawyer I'd be licking my lips. The unfair dismissal laws are very much in favour of the applicant employee and the forum is littered with ex-unionists and employee advocates as judges. Any evidence put forward by the ARU against Beale would be subpoenaed by Patston and relied upon by her in demonstrating an "unsafe" workplace. I know Patston quit but that won't matter she has a cause of action both for unfair dismissal and workers comp (the good thing for the ARU is that workers comp will be paid for by the insurer). I would feel very confident on those two statutory claims. The fact she quit and even if she lied on her CV won't matter a jot. The real money in these matters is common law claims for say PTSD. Complex but no monetary cap on the damages so very tempting. I don't think defamation is realistic. Way to expensive and generally solved by a S14 concerns notice and apology. McKenzie probably has a claim. His would be common law. Complex but I would think the ARU would be best served paying out his contract and writing him a really really really good reference. Imagine this tribunal makes adverse finding against Beale and then the ARU doesn't renew his top up. The avenues for litigation are virtually endless. One thing is for certain if the ARU is not very very very careful then blokes like me are going to make a motza.

2014-10-24T00:35:31+00:00

RodMac

Roar Rookie


Yes Mick, impact player. It's the term that was thrown around ad nauseum in the media after KB was benched. I can't be certain, but I think I agree with your post. This whole thing/saga/fiasco has been a complete clusterf@#$ which has claimed the wallabies career of a massive contributor to rugby in this country. Hopefully later today it claims that of someone with far less in his trophy cabinet.

2014-10-24T00:22:31+00:00

General Duncan

Guest


RT, if the matter is escalated due to either party being dissatisfied with the outcome, what is the process likely to be? And if it is heard elsewhere, can we expect more (or different) evidence, or even to see EM or DP?

2014-10-24T00:14:35+00:00

HarryT

Guest


The difference in Beale's confidence playing for the two coaches was striking. Faingaa brothers and Matt Hodgson are also indigenous.

2014-10-24T00:01:32+00:00

Rugby stu

Guest


i'm hiring you if I get in trouble

2014-10-23T23:43:44+00:00

jutsie

Guest


my issue with this article is that its written by rebecca wilson. I take everything she says with a grain of salt. her hubbie and her employer would love nothing more than to see the ARU crash and burn

2014-10-23T23:42:18+00:00

Rugby stu

Guest


I have a strong feeling that it is not just Beale involved in this issue. It doesn't sound like the messages were sent in isolation, Beale may have been a fallguy as the guy who accidentally forwarded a group message to the wrong person.

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