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Brett Stewart may go to court to have ban overturned
By Josh Massoud | March 19, 2009
http://www.news.com.au/dailytelegraph/sport/nrl/story/0,26799,25207831-5006066,00.html
EXILED Manly star Brett Stewart has made a shock move to overturn his four-week suspension, firing a lengthy legal letter to NRL boss David Gallop that could lead him to apply for a Supreme Court injunction against the playing ban.
The Daily Telegraph can reveal Stewart's lawyers sent Gallop a multi-page response on Tuesday evening showing cause why the new face of rugby league should not be forcibly stood down as he waits to face court on a sexual assault charge.
Gallop last night admitted that he was taken aback by the development, given Manly's public undertaking not to appeal over Stewart's suspension.
But the footballer's barrister Geoff Bellew said the action was "independent of Manly".
"I can confirm that lawyers acting on behalf of Brett - not Manly - have sent a letter to the NRL to show cause," Bellew said.
After Manly's board last week voted to allow Stewart to continue playing, Gallop intervened to have the Test and Origin custodian stood down until the weekend after his court appearance on April 7.
The NRL based its action on a rule that obliges all players to be sober and polite while in public or attending official functions.
Gallop argued Stewart's excessive drinking and refusal of service at Manly's season launch on March 6 justified his suspension, rendering it unnecessary for him to potentially compromise a police investigation into the alleged sexual assault.
But subsequent alcohol-related incidents involving Roosters hooker Jake Friend and Sharks halfback Brett Seymour have put pressure on Gallop to apply the rule consistently.
Bellew would not elaborate on the legal arguments contained in the letter but it is understood Stewart's representatives have advanced a host of reasons to oppose his suspension.
Stewart's camp feel he was unfairly penalised because of his standing as the game's new face and not because of what he did in the hours before the alleged sexual assault of a 17-year-old girl, a charge he denies.
Should the NRL stand firm, Stewart could either advance the matter before the NRL Appeals Tribunal or attempt to have the Supreme Court grant an injunction to enable him to play again immediately.
Bellew refused to comment when asked what Stewart intended to do if the NRL maintained his suspension.
In Canberra for all-day meetings with Prime Minister Kevin Rudd and senior Federal parliamentarians, Gallop said:
"It's confusing to have received this letter, given that Manly indicated he would not be making any submissions. While I can't go into the contents of the letter, we will be responding in due course."
By Josh Massoud | March 19, 2009
http://www.news.com.au/dailytelegraph/sport/nrl/story/0,26799,25207831-5006066,00.html
EXILED Manly star Brett Stewart has made a shock move to overturn his four-week suspension, firing a lengthy legal letter to NRL boss David Gallop that could lead him to apply for a Supreme Court injunction against the playing ban.
The Daily Telegraph can reveal Stewart's lawyers sent Gallop a multi-page response on Tuesday evening showing cause why the new face of rugby league should not be forcibly stood down as he waits to face court on a sexual assault charge.
Gallop last night admitted that he was taken aback by the development, given Manly's public undertaking not to appeal over Stewart's suspension.
But the footballer's barrister Geoff Bellew said the action was "independent of Manly".
"I can confirm that lawyers acting on behalf of Brett - not Manly - have sent a letter to the NRL to show cause," Bellew said.
After Manly's board last week voted to allow Stewart to continue playing, Gallop intervened to have the Test and Origin custodian stood down until the weekend after his court appearance on April 7.
The NRL based its action on a rule that obliges all players to be sober and polite while in public or attending official functions.
Gallop argued Stewart's excessive drinking and refusal of service at Manly's season launch on March 6 justified his suspension, rendering it unnecessary for him to potentially compromise a police investigation into the alleged sexual assault.
But subsequent alcohol-related incidents involving Roosters hooker Jake Friend and Sharks halfback Brett Seymour have put pressure on Gallop to apply the rule consistently.
Bellew would not elaborate on the legal arguments contained in the letter but it is understood Stewart's representatives have advanced a host of reasons to oppose his suspension.
Stewart's camp feel he was unfairly penalised because of his standing as the game's new face and not because of what he did in the hours before the alleged sexual assault of a 17-year-old girl, a charge he denies.
Should the NRL stand firm, Stewart could either advance the matter before the NRL Appeals Tribunal or attempt to have the Supreme Court grant an injunction to enable him to play again immediately.
Bellew refused to comment when asked what Stewart intended to do if the NRL maintained his suspension.
In Canberra for all-day meetings with Prime Minister Kevin Rudd and senior Federal parliamentarians, Gallop said:
"It's confusing to have received this letter, given that Manly indicated he would not be making any submissions. While I can't go into the contents of the letter, we will be responding in due course."
