In breaking news, The Roar has learnt that Wallaby Kurtley Beale has been fined $45,000 but found not-guilty for his involvement in the messaging saga involving former staffer Di Patston by the ARU code of conduct tribunal.
In an-about face, The Roar understands the ARU has cleared Beale to join his teammates on the Spring Tour.
Beale was found not-guilty of breaching the ARU’s Member Protection Policy – thereby remaining on contract with the ARU.
Beale was however found guilty of misconduct on the grounds of sending an offensive image to ARU employee, and summarily fined $45,000.
Beale’s fate was determined by District Court judge Mark Williams, SC, who chaired a three-person panel including former Wallaby David Giffin and the barrister Dominic Villa.
There was speculation leading into tonight’s hearing that Beale might have his contract torn up by the ARU. In what is clearly a reversal of this, light has been cast on the exact nature of the messages such that he is now cleared to join the touring party which departed Australia earlier today.
Numerous questions will be raised over the handling of the tribunal and the pressure placed on Kurtley Beale the past month.
The ARU plan to donate the money to a suitable charity.
ARU CEO Bill Pulver is set to address the media shortly, with Kurtley Beale already leaving the hearing.
The ARU’s full press release follows:
KURTLEY BEALE FINED $45,000 FOR ARU CODE OF CONDUCT BREACH
An independent Code of Conduct Tribunal has tonight found Wallaby Kurtley Beale guilty of a serious violation of the ARU Code of Conduct, and handed down a $45,000 fine, for sending an offensive photograph to an ARU employee.
The charge related to an image Beale admitted to sending on 9 June 2014.
The Tribunal also found evidence did not establish that a second more offensive text and photograph had been sent by Beale.
The Tribunal, Chaired by His Honour Judge Mark L Williams SC, found while a serious violation had occurred, mitigating factors were taken into account to determine an appropriate sanction.
These include Beale’s contrition; the unpleasant consequences the matter had created for the ARU employee and Beale; and the fact that Beale had already effectively been suspended from recent matches.
The independent Tribunal included representatives nominated by the Rugby Union Players’ Association (sports administrator John Boultbee) and the Australian Rugby Union (Barrister Dominic Villa).
ARU CEO Bill Pulver said the ARU would accept the Tribunal’s findings and sanction.
“This was a serious allegation and like any business, when we received that complaint we were compelled to investigate it and give Kurtley Beale an opportunity to present his case in relation to the matter in an independent forum,” Mr Pulver said.
“We pride ourselves on living the values of Rugby – passion, integrity, discipline, respect and teamwork. Everyone involved in Rugby is aware of our expectations regarding the values on and off the field, particularly our players.
“We have obligations to our fans and the broader community and we are committed to ensuring any behaviour that has the potential to breach our Code of Conduct or values is investigated and taken seriously.
“This was deemed a serious violation by the Tribunal and as such, we intend to donate the $45,000 collected through this fine to a suitable organisation that promotes the empowerment of women.
“Negotiations regarding Kurtley’s contract beyond this year have been on hold in recent weeks. As a result of the independent Tribunal’s decision, we will re-open those contract discussions.”
“It was a positive outcome that the Tribunal found that the more offensive text and photograph had not been sent by Kurtley,” said Rugby Union Players’ Association CEO Greg Harris.
“We are pleased that Kurtley having shown remorse and incurred the penalty will now be in a position to continue his Rugby career.”
Following the Tribunal’s decision, Beale apologised for breaching the Code of Conduct.
“I am satisfied with tonight’s outcome. There was conjecture about my contract being terminated, however the Tribunal agreed that on the basis of the evidence that a fine was appropriate,” Mr Beale said.
“I’m relieved there is no termination and no suspension and I can now continue playing Rugby.
“I’m also happy the evidence presented to the Tribunal did not establish that I sent the second text and photograph. This is why I fought so hard to prove my innocence regarding that text.”
“I’d like to apologise to Di Patston and the broader community for my behaviour, particularly to Rugby fans.
“I have had a fair hearing tonight and will work to re-gain the respect of my team mates, fans and the general Australian community.
“I am extremely proud to represent my country, and I will work hard to ensure my behaviour reflects the honour and privilege of playing for Australia at all times, on and off the field.”
The decision means Kurtley Beale will be eligible for selection for the Wallabies, effective immediately.
Chivas
Guest
Weird comment from a South African in a country where juries aren't used in serious cases...
RodMac
Roar Rookie
RT - Yes I probably could/should have tempered that middle sentence, especially given the complete greyness of this whole sorry episode which, unfortunately, seems to be far from over. I wasn't suggesting there are any more texts from Kurtley than the one for which he's been hit with the $45k. My frustration is really more to do with the fact that KB has been given chance after chance but just keeps on screwing up. It is this pattern of recidivism that IMHO undermines the Wallabies. I can't pretend to know what he's like as a person or how he comes across in and around the wallabies camp, but not matter how good a bloke you are, if you're a controversy magnet it is bad for the team. Hopefully he takes this chance he's been given and runs with it.
RodMac
Roar Rookie
Rob G - If you agreed with the point I made then there was probably no need to jump on the attack because of something I said in another thread. You'll also note that I never said anywhere that Cooper should be picked over Foley as a matter of course. My comments in his defence purely come about because I think he's developed his game to a point where he no longer deserves to be judged by his previous form slumps. Cooper's Wallaby form from ST13 is the last we've seen of him playing test rugby, so it's probably more relevant to discussions on this point than the consistent harking way back to RWC from people who have long since written him off as being a liability and not worthy of the gold jersey. He also put in a very good showing against the ABs in Dunedin not long before. None of that means he should be given a free run back into the 10 jersey.
Rob G
Guest
and their great performance without him in argentina too
Rob G
Guest
Id be surprised if you got a $45,000 fine.
Rob G
Guest
Mate thats what i was getting at. Leiliafano had a blinder and rightfully deserves his place. But all i hear is how good toomua and cooper were on spring tour as justification they should be picked for the next 85 years.
Rob G
Guest
See word Allegedly. It was alleged only a few posts above, among many others
Kia Kaha
Roar Guru
Who was this convenient second texter behind the grassy knoll and will they be summoned as well or does that not come up for scrutiny because McKenzie and Patson will no longer appear? You can't make this stuff up. Should fill in the hiatus nicely before the Barbarians match... Still think Lei'ilifano deserves another shot at 12 and Beale is at best a reserve utility player. He's certainly not a 10 and he's not defensively sound enough to start at 12.
Sportym
Guest
And you just did the same thing ..... Mate, you win the Beale apologist award, but try to refrain from personal Attacks on posters.
ashrican
Roar Rookie
Bad news Wallabies were better off without him as was plainly visible with their better performance against AB's where had not been for poor substitutions eg. White instead of Genia.. Wallas should have likely won
Rabbitz
Roar Guru
Turns out Beale won't join them in Europe - the Coach did want him there.
Jimmy
Guest
Do not ask to do our company accounts. Thank you.
Dekka
Guest
He has suffered from having egg on his face on quite a few occasions of late. He must be prone to misjudgements, because it has become a feature of his leadership. He is also very good at putting a positive spin on things in order to absolve himself of responsibility.
jutsie
Guest
Except its not harassment. Offensive possibly, immature definitely but in a legal sense one single sms accidentally sent to the accuser does not fall under harassment. Harassment is defined as (often) repetitive behaviour with the aim of disturbing or threatening the victim. Beales action was neither repetitive nor was its intent to threaten or disturb patson. People need to get a grip, beale is a fo0l but he is no stephen milne, matthew johns or even a Shane warne.
Mick Gold Coast QLD
Roar Guru
Nyuk, nyuk, nyuk :)
Rugby Tragic
Guest
Oupa.. what makes you think that? Appropriate donations are a tax deductible expense as are other bona fide expenses, such as Wages ...
Colin Kennedy
Roar Guru
I'm saying a woman might have brought a different sensitivity and perspective to what appears to be harassment.
RobC
Roar Guru
Yep. There are people campaigning against him. There are also people against EM, Patston. Latest is against Pulver. There's Hooper detractors, Now Hawker and Eales. Very messy. Yep. He's not guilty of the other more serious charge. And... still guilty of a serious violation. And straight back into Rugby and WB tour and negotiations. Do you think not possible there are reasonably minded people who find this suspiciously light, and at worst - inappropriate sanction, in view of his prior offences. And in view of comparing with others. Im now also wondering category is worse than 'serious'?
Dekka
Guest
I agree that Pulver definitely has to go. This farcical tribunal is something of his making, despite having been presented with facts contradicting Di Patson's version of events and McKenzie's prior knowledge of the incident. He nevertheless displayed poor judgement and foolishly went full steam ahead. It is a further indication that Pulver is not competent enough to manage Rugby Union in Australia. His performance in the role has been disappointing and inadequate. The game is crying out for people with expertise, vision and nous to take the game forward and connect with the Rugby public at large and to lift it's profile in the process in Australia.
Mick Gold Coast QLD
Roar Guru
The one where the Qantas Harmless Wallabies were 10 up with 10 to go and still lost? I'd say he did watch it.