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Brett Stewart found not guilty of sexual assault

sneagle

Juniors
Messages
118
Last edited:
Messages
21,880
You seem to singlehandly fail to see that the issue of the presumption of innocence, and a player being stood down (on full pay) while charges are resolved are two entirely different things... If he was not presumed innocent, he would have been sacked outright.


your ignoring the fact that the NRL themselves didnt stand him down for the charges. If they did it would have infringed on his right to the presumption of innocence.

as we discussed earlier if Stewart ( or someone else in the future) had of been sober how would have they stood him down?
 

MANLYMAGIC08

Juniors
Messages
143
http://www.leaguehq.com.au/news/news/inside-the-boardroom/2009/03/11/1236447305497.html

Inside the boardroom: how club leadership ignored Gallop's pleas

Jacquelin Magnay | March 12, 2009

Manly Sea Eagles board member Max Delmege sat at the end of the heavy wooden table, keenly presenting his views. Usually, his son Brett Delmege and his financial controller Mike Smith go to most Manly meetings on his behalf, but the dramatic events were such that Delmege personally attended. For a club so fractured, this was a night of unity. For the first time since the bitter split of the board - divided between the owners, Max Delmege and the Penn family, represented by the club chairman Scott Penn and his father Rick Penn - the directors were in agreement.
When the Test fullback Brett Stewart had been called to the Dee Why police station at 6pm on Tuesday night, the board members were on high alert. By 7.15pm, they were in shock. Stewart had been charged with sexual assault. The police didn't wait for the DNA evidence, they had instead web camera footage taken from a neighbour's villa. A neighbour had filmed the common courtyard area last Friday night when he heard screams.
By 7.30pm, the extraordinary meeting in the Manly Leagues Club boardroom had started. Coach Des Hasler, who had been with Stewart when he was charged, along with Stewart's lawyer, the former Manly chairman Geoff Bellew, arrived to represent the playing group, including Stewart.
An underlying emotion was that the club needed to be seen to support Stewart, and that he was innocent until proven guilty. The previous example was the Titans' forward Anthony Laffranchi, who earned a Test jersey while his court case for sexual assault was ongoing. (He was later cleared.) Hasler was forthright on the importance of having Stewart in the team, not only because of his value to the Sea Eagles' back line but for the ongoing mental health of the player. It was clear Stewart, with the overwhelming support of his teammates, and the authority of the board, was to play.
It seemed the Stewart decision was awkward in a public relations sense, but essentially simple, although Delmege would later describe it as "one of the most difficult decisions of my life".
Delmege would be later accused by others at the meeting of having had a long lunch. "I haven't heard that allegation," he told the Herald.
The board later issued a release saying it would not comment on the allegation. But that was a side issue. By 10pm it was looking at writing a press release. Hasler and Bellew left. Then came a call from NRL chief executive David Gallop, who had asked for the opportunity to speak to the board. For 20 minutes, he spoke on speaker phone asking the board to reconsider. Gallop asked them to stand down Stewart until the situation became clearer. He stressed that the club had to look at the code of conduct surrounding events leading up to the arrest, not the alleged incident. A key factor was that Stewart, only days earlier, had been the face of the game.
Hasler returned, and for two hours the board wrestled with the issue. Did being drunk at a club function and being asked to leave premises constitute being sidelined? In the end, the board came to the same decision as earlier in the night. Hasler had got his way. But not for long.






A half decent article by Magnay, thought i'd never say that.
 

Sea_Eagles_Rock

First Grade
Messages
5,216
News are reporting DNA on both stewart and the girl are clear. If that is the case, the worst you could expect is an assault charge. You would expect the sexual assault charge probably will be dropped.

There has to be a lot more than has been reported.
 

[furrycat]

Coach
Messages
18,827
Police are still proceeding though- just because no DNA has been linked to either person doesn't mean an assault didn't occur (you dont need DNA to prove a sexual assault). Police are still proceeding based on other evidence and eye witness accounts.
 

sneagle

Juniors
Messages
118
So the webcam footage was the reason to proceed with the charge regardless of DNA?
I thought it was reported it just showed a scuffle between Stewart and the father?

It's been covered but, yeh it looks like Gallop was looking for a loophole based on his request to stand Stewart down until "the situation became clearer"....

Also I heard briefly on Channel 10 nes that some of the Manly players were now looking at boycotting the Daily Ms' Anything new on that?
 

sneagle

Juniors
Messages
118
[furrycat];5469072 said:
Police are still proceeding though- just because no DNA has been linked to either person doesn't mean an assault didn't occur (you dont need DNA to prove a sexual assault). Police are still proceeding based on other evidence and eye witness accounts.
More confusion
http://www.news.com.au/heraldsun/sport/nrl/story/0,27074,25176491-14823,00.html
The police are proceeding.

http://livenews.com.au/Articles/2009/03/12/Brett_Stewart_DNA_tests_come_in_negative

The police wouldn't comment.
 
Messages
2,137
I`m just thinking it`s just about impossible to prove sexual assault with no DNA. Maybe indecent assault. But eye witnesses cannot be enough to prove penetration, even if the offender`s hand is alleged to have touched that region.

I would have thought that they would take a vaginal swab as well, cos even digital penetration would very likely leave your DNA there.
 

Eels Dude

Coach
Messages
19,065

There's no confusion. Once charges are pressed it's up to the court to drop them, not the police. Obviously the police aren't going to comment because it's out of their hands now it's up to the prosecutor and a magistrate come the hearing next month.
 

El Diablo

Post Whore
Messages
94,107
I`m just thinking it`s just about impossible to prove sexual assault with no DNA. Maybe indecent assault. But eye witnesses cannot be enough to prove penetration, even if the offender`s hand is alleged to have touched that region.

I would have thought that they would take a vaginal swab as well, cos even digital penetration would very likely leave your DNA there.
you don't think anyone was ever convicted of sexual assault before DNA testing came along :?
 

sneagle

Juniors
Messages
118
There's no confusion. Once charges are pressed it's up to the court to drop them, not the police. Obviously the police aren't going to comment because it's out of their hands now it's up to the prosecutor and a magistrate come the hearing next month.
Thanks for that.
Would you know when all evidence would be provided to the defence?
 
Messages
21,880
There's no confusion. Once charges are pressed it's up to the court to drop them, not the police. Obviously the police aren't going to comment because it's out of their hands now it's up to the prosecutor and a magistrate come the hearing next month.

its up to the DPP to drop charges.

the court can dismiss them.
 

Eels Dude

Coach
Messages
19,065
I`m just thinking it`s just about impossible to prove sexual assault with no DNA. Maybe indecent assault. But eye witnesses cannot be enough to prove penetration, even if the offender`s hand is alleged to have touched that region.

I would have thought that they would take a vaginal swab as well, cos even digital penetration would very likely leave your DNA there.

I don't think that's the case. And they could only take a vaginal swab with the girl's approval and she probably would have been very umcomfortable with that. I don't know how much DNA would be left via digiatal penetration but I wouldn't think it to be much and it wouldn't last there very long. Stewart may end up with a downgraded charge next hearing if things go his way, I think that's the best case scenario though.
 
Messages
2,137
you don't think anyone was ever convicted of sexual assault before DNA testing came along :?

I don`t know historical statistics, it`s just common sense. And I`m not talking about sexual assault in general, but the kind of sexual assault (digital penetration) which seems to be the charge here.
 

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