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News JDB Trial

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Bench
Messages
3,642
Jack de Belin rape trial jury unable to reach verdict, judge urges 'renewed attention to evidence'

The jury in the rape trial of Jack de Belin and Callan Sinclair has told the court it has been unable to reach a verdict.

Key points:
Judge Andrew Haesler has urged the jurors in the Jack de Belin trial to reconsider the evidence and discuss their points of difference
The jury, which retired last week, delivered a note to the court today explaining it had been unable to reach a verdict
A legal convention permits the judge to send the jurors back for further deliberation
The NRL star and his co-accused pleaded not guilty to raping a 19-year-old woman in a Wollongong apartment in 2018.

The jury returned to the court after retiring on Thursday afternoon.

It did not sit on Friday and only reconvened at 9:30am today.

In a note to Judge Andrew Haesler, the jury said despite careful consideration "we have been unable to reach a unanimous verdict".

Judge Haesler has urged the jury to go back over all the case and "give renewed, but calm and rational attention to the evidence."

'Not at all uncommon'
Judge Haesler said "a note such as this is not at all uncommon — in fact, it happens in many jury trials".

He then directly addressed the jurors and explained that there was a convention of the court that allowed him to send them back to their deliberations to try and reach a verdict.

"The trial has been going for over three weeks and it is clear that you have been paying careful attention to not only the evidence, but the issues that arose via questioning, cross-examination and which were discussed carefully by counsel last week and summarised by me," Judge Haesler said.

"Long experience has shown that even where there are stark divides and differences between jurors in certain stages in their deliberations, they often can reach unanimous agreement if given more time to consider the evidence and issues in dispute.

"Each of you swore or affirmed that you would give a true verdict according to the evidence.

"That is an important responsibility, you must fulfil to the best of your responsibility."

Judge Haesler told the jurors it was their duty to "objectively, calmly and logically" weigh the evidence, discuss it and understand "what difference of opinion there may be".

"If, after such calm, rational discussion, and after considering both the evidence and law and opinions of others, you cannot honestly agree with the conclusions of other jurors you much give effect to you own view of the evidence," he said.

"In the light of what I have said, I would ask that you retire to consider the evidence, consider the law, consider the opinions of others and see whether you can reach a unanimous verdict on the counts that are before you …

"I ask you carefully take your time go through it one more time to see whether you can reach a unanimous verdict on each of the 10 counts — that is five for each accused that is presently before you."

The jury was then led out of the room.

https://www.abc.net.au/news/2020-11...e-trial-jury-unable-to-reach-verdict/12922238
 

League Unlimited News

Administrator
Staff member
Messages
7,622
NRL statement: Jack de Belin remains on No-Fault Stand Down
National Rugby League | November 30 2020 8:57PM

The National Rugby League today confirmed St George Illawarra Dragons player Jack de Belin will remain subject to a No-Fault Stand Down after the jury in his criminal trial was discharged after being unable to reach a verdict.

NRL Chief Executive Andrew Abdo said the No-Fault Stand Down continues to apply while a player is charged with a serious offence that carries a maximum sentence of 11 years or more.

"The No-Fault Stand Down rule is not about forming a view on the guilt or innocence of an individual, it is about protecting the values and reputation of the game while a serious criminal process is underway.

"Mr de Belin will remain subject to the no-fault stand down rule until his criminal proceedings have been determined by the Court."

The NRL will continue to monitor the outcome of Mr de Belin's criminal proceedings.

https://leagueunlimited.com/news/35349-nrl-statement-jack-de-belin-remains-on-no-fault-stand-down/
 

Exsilium

First Grade
Messages
9,517
I think NFSD should have a time limit.

I would assume there are several factors which would come into play if there was ever to be an line drawn on a NFSD policy.

The Australian Court systems are inherantly slow and the NRL would have been aware this could drag on. They could put a time limit on it but what if the player was found guilty? It wouldn't be a good look if he was allowed to play on. This would also rely on a judgement call being made in relation to the offence and whether it warrants a ban. That's a whole can of worms and a slippery slope IMO.

Going off topic a bit, then we have to consider that he is still being paid by the Dragons so his financial loss from his profession is limited only to match payments and maybe sponsorship?

His earning potential in the future may be affected but thats primarily due to a civil matter and I would say that he would still pick up a contract as an NRL player IF he were to found not guilty.

The moral hangover from this whole thing affects his value more than his physical ability to play football.

Overall, it is a tough situation to put a marker on but at the very least, he should be able to play lower grade football.
 

myrrh ken

First Grade
Messages
9,817
I would assume there are several factors which would come into play if there was ever to be an line drawn on a NFSD policy.

The Australian Court systems are inherantly slow and the NRL would have been aware this could drag on. They could put a time limit on it but what if the player was found guilty? It wouldn't be a good look if he was allowed to play on. This would also rely on a judgement call being made in relation to the offence and whether it warrants a ban. That's a whole can of worms and a slippery slope IMO.

Going off topic a bit, then we have to consider that he is still being paid by the Dragons so his financial loss from his profession is limited only to match payments and maybe sponsorship?

His earning potential in the future may be affected but thats primarily due to a civil matter and I would say that he would still pick up a contract as an NRL player IF he were to found not guilty.

The moral hangover from this whole thing affects his value more than his physical ability to play football.

Overall, it is a tough situation to put a marker on but at the very least, he should be able to play lower grade football.

I think its a balance. Time off because not good look, but there is a point where it becomes unfair on player. If its 12 or 24 months I think I could live with.
 

simmo05

Bench
Messages
3,782
I would assume there are several factors which would come into play if there was ever to be an line drawn on a NFSD policy.

The Australian Court systems are inherantly slow and the NRL would have been aware this could drag on. They could put a time limit on it but what if the player was found guilty? It wouldn't be a good look if he was allowed to play on. This would also rely on a judgement call being made in relation to the offence and whether it warrants a ban. That's a whole can of worms and a slippery slope IMO.

Going off topic a bit, then we have to consider that he is still being paid by the Dragons so his financial loss from his profession is limited only to match payments and maybe sponsorship?

His earning potential in the future may be affected but thats primarily due to a civil matter and I would say that he would still pick up a contract as an NRL player IF he were to found not guilty.

The moral hangover from this whole thing affects his value more than his physical ability to play football.

Overall, it is a tough situation to put a marker on but at the very least, he should be able to play lower grade football.
Isn't the ban for nrl only? I thought he could at least play for a local team
 

Pommy

Coach
Messages
14,657
I would assume there are several factors which would come into play if there was ever to be an line drawn on a NFSD policy.

The Australian Court systems are inherantly slow and the NRL would have been aware this could drag on. They could put a time limit on it but what if the player was found guilty? It wouldn't be a good look if he was allowed to play on. This would also rely on a judgement call being made in relation to the offence and whether it warrants a ban. That's a whole can of worms and a slippery slope IMO.

Going off topic a bit, then we have to consider that he is still being paid by the Dragons so his financial loss from his profession is limited only to match payments and maybe sponsorship?

His earning potential in the future may be affected but thats primarily due to a civil matter and I would say that he would still pick up a contract as an NRL player IF he were to found not guilty.

The moral hangover from this whole thing affects his value more than his physical ability to play football.

Overall, it is a tough situation to put a marker on but at the very least, he should be able to play lower grade football.

Is there really a need for the NFSD? Adam Johnson played in the premier league right up until he was sent to prison for child sex offences. Not a good look for the sport afterwards but if one of the biggest sporting leagues in the world doesn't feel the need for such a policy why does the NRL?
 

Bgoodorgoodatit

Juniors
Messages
1,492
Does anyone think the alleged victim will want to put herself through another trial? I think they dismiss it personally.. I can’t see them finding a unanimous jury..
 

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