Wallaby back Kurtley Beale is immediately eligible to join the European tour squad despite being fined $45,000 for a serious violation of the Australian Rugby Union code of conduct.
He avoided suspension following a marathon hearing at ARU headquarters in Sydney on Friday.
The three-man tribunal, chaired by Judge Mark L Williams and including sports administrator John Boultbee and barrister Dominic Viulla, imposed the fine for sending a text and offensive photograph to ARU employee Di Patston during the recent trip to Argentina.
The Wallabies’ business and logistics manager returned early from the tour, went on indefinite sick leave and has since resigned.
The tribunal ruled evidence did not establish a second more offensive text and photo had been sent by the playmaker.
The tribunal said mitigating factors were taken into account to determine an appropriate sanction.
These included Beale’s contrition, the unpleasant consequences the matter had created for Patston and Beale, and the fact Beale had already effectively been suspended from recent matches.
ARU chief executive officer Bill Pulver said Beale was immediately eligible to join the tour party, which left earlier on Friday.
“I’ll be be calling the coach a little later to inform him of the outcome,” Pulver said outside the hearing.
Beale’s reaction was contained in a statement issued by the ARU.
“I am satisfied with tonight’s outcome,” Beale said in the statement.
“There was conjecture about my contract being terminated, however the tribunal agreed that – on the basis of the evidence – that a fine was appropriate.
“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 teammates, 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.”
While Beale has been involved in a number of off-field incidents Pulver wouldn’t be drawn on whether the gifted back was on his last chance.
“I don’t want to speculate right now, on the future in relation to Kurtley but I think it’s fair to say he has had a lot of indiscretions,” Pulver said
Beale is coming off contract and negotiations with the ARU had been suspended until the charge was heard.
“As a result of the independent tribunal’s decision, we will re-open those contract discussions.” Pulver said.
Pulver said it had been a fair and independent process, but understood the sanction would produce divided feelings and might surprise some in the community.
Winston
Guest
So Ewen quit why?
Dai
Guest
Give the dosh to a rugby charity at least, rather than this shallow 'PC' gesture
Something Not Right
Guest
Why after all of this did Ewen McKenzie have to resign. His name seems to have disappeared from the whole saga, yet he resigned because of the saga. Somethings not right, and its not explained at all, to my mind.
Magic Sponge
Guest
FOS and/ Jiggles
Magic Sponge
Guest
Just give our national treasure another aru top up to cover for the fine. Lawyers again the only winners. Well done Pulver your inaction cost the rugby public a fortune.
Tamworth
Guest
It is interesting that the players who are in constant contact with Beale have stuck with him, while admitting that he gets himself into trouble. By contrast, the same players were pleased to see the back of James O'Conner. O'Conner was probably the more valuable player for them, so it wasn't pure self interest. Reading all the comments, it is apparent that many have entrenched positions. I suspect that had he been kicked out the comments would have been almost exactly the same. The All Blacks culture has been trotted out as an example. They too have had their fair share of problems (Savea the most recent). The common thread is young men living in a hothouse, away from normal family restrictions,too much money,and no real jobs.
Silver Sovereign
Guest
I like the sound of this "independent" tribunal. Kind of like parliament's independent tribunal that decides how often and how much the pollies pay rises are.
Billy Bob
Guest
Ok Barbz. You win. Except you weren't at the tribunal. You don't know the evidence. And you don't know who the second shooter was? Do you? To make a claim around the value of this decision in the extreme negative (as you did), you must know more than the rest of us. But you aren't telling us. You are just declaring the negative without evidence. Logic needs at least two premises leading to a conclusion. Prejudice, on the other hand needs no justification.
Billy Bob
Guest
Actually Random, I don't have a horse in this race. The only stance I feel strongly about those out there who 'love to hate'. Someone called KB a 'piece of filth' this morning on another thread. This issue has set up a battle between multiple ignorances, mine included, except I'm not especially pro or anti Beale. pro or anti Qld, or Tahs etc. I just don't like the presentation of rumour as fact, and the attempts to assassinate character via anonymous blog cowardice. And if you look at D.Lords thread you will see that there are plenty of hobby horses saddled up and doing laps.
Mudieam
Guest
All Bent Out of Shape, We obviously come from totally differing experiences. I respect your point of view even if I do necessarily agree with all of it. History will judge this occasion and I hope it is not at the expense of sponsors and public support. The press made a lot out of this through sources within the ARU organization that were leaked to them and obviously like you my interpretation of all this is based on my experiences.This will be my last comment on the matter and as far as I'm concerned you can stay, "All Bent Out of Shape".
All Bent Out of Shape
Guest
No its not Kurtleys and that irrelevant. I am guessing its far and away above the net take home pay of the ave Australian and thats a lot of money. Should rich people be fined tens of thousands for a speeding fine? Should we punish the successful? Beale sent an offensive text with a naked women that said Di. He did nothing else that was proven or attributed to him and in the private secter people dont get sacked for that that I have seen. The argument Beale had with Di was an argument and not bullying because that is an absolutely ridiculous assumption on your behalf. For all we know she was bullying Beale at the time. Heres my experience. I started a job full of women. The day I started I could sense comments of a s€xual nature going on but soon they were clear and the questions about my single status and why I was single was open slather. It got worse, soon I was questioned by female staff about the last time I had s€x and was told about how they "gag" for it after a week without it, then it was my masturbation habits that were raised and if I knew which prostitutes were the best. This was mainly from the 3rd in charge and another senior staff member and was openly done in front of the entire staff. None of them had any issues with it and my assumption is it was because I was a guy, not a female. The whole time I was in disbelief of how hypocritical our culture is and how the double standards were astoundingly obvious but nobody cared. Thats what annoyed me, not the comments about s€x which can be common amongst males or a group of females for that matter. Every so often I watched the TUF series about fighters aiming to score a contract in the UFC and I saw an episode with female fighters openly joking about which of their male coaches they would fcku if they had no choice. Again I was in disbeleif at the hypocracy of it. People like you would be outraged if it was males doing this at the place of work and openly but "ha ha" whasnt it funny to see females do it. Beale did not harass or approach Di in any continued sexual manner except for the fact that the image he compared her to was naked and he accidentally sent it to her. As soon as the issue was raised as a problem he stopped and appologised repeatedly. You can say he was bullying her but that is a complete fabrication, something you made up. You can say it was harassment but imo harassing is intentional and continued as is bullying. You can say that Patston quit because of the argument with Beale but she didnt, she quit days later after media scrutiny revealed questions about her past, her online work history and her relationship to Ewen. Imo he shouldnt have been sacked, he should have got less of a fine but been suspended for 2 games.
cripes
Guest
Joe the cameraman
Mudieam
Guest
In no particular order: 45 or 46,000 is an average of whose annual wage? certainly not Kurtley's. In the private sector, sending offensive texts (even if accidental) is a sackable offence. The verbals that Patson and Beale had on the plane was enough to make Patson go home and resign; if that was not bulling or harassment then what was it? The other question would be, If any of the other players who received the texts (let alone sent them or passed them on) and took know action as per their workplace agreement, then aren't they just as culpable? You can window dress it any way you like. If it looks like a pig, smells like a pig and sounds like a pig.............
mudjimba
Guest
Does anyone know if he had to pay his own costs? I certainly hope so. (i.e. legals, forensics)
barbz
Guest
I think people can ascertain who is indulging in drama and theatre when they read your post vs mine.
All Bent Out of Shape
Guest
As I said, he appologised personally and she accepted until she had an unrelated argument later and used the texts as something to hold over Beale. And yes his team mates and coach are standing by him. Must be because hes such a bad finger pointer and whinger right?
All Bent Out of Shape
Guest
Yes usually in workplaces they fine them 46,000 dollars not just 45,000. Oh actually they dont. Oh actually Beale didnt bully Patston. Oh actually it was not harassment. Oh actually fining a player the ave yearly wage for an offensive text is FAR greater punishment than would EVER be handed out in ANY workplace and it shows that the ARU doesnt condone sending of s€xually explicit and offensive texts to anyone, even if accidental. Think about what you are typing.
William Tell
Guest
+1
All Bent Out of Shape
Guest
What? Or should I say, whatever.
William Tell
Guest
He got his crack at the position and did not perform. The Wallabies ought not be a protected environment for the likes of Beale. Aside from his off-field behaviour he is an on-field whinger and finger pointer, happy to show his disapproval of the performance of others. My reading of the shirt incident is that the prior issues were resolved on a conditional basis - and that was breached by Beale's response to being reminded that he needed to be in the team dress on arrival. He seems to have a problem with structure. He is part of a corporate entity that presents itself in national colours under the flag and the anthem. Is it too much to ask a highly paid 25 year old to conform to a standard from which he benefits? In our egalatarian society have sports stars become the new priviliged class that ordinary mortals need to approach on bended knee, tugging the forelock and saying pretty please?