Greg Bird charged with violent attack

[Dave Q]

interesting article:

http://www.leaguehq.com.au/news/news/bird-bids-to-play-part-in-finals/2008/09/11/1220857741011.html



Bird bids to play part in finals but Sharks and NRL stand firm on ban
Andrew Webster | September 12, 2008
SUSPENDED Cronulla lock Greg Bird has made a desperate plea to NRL chief executive David Gallop to play in this year's finals series - and failed.
With the Sharks in their best position in years to finally win a breakthrough premiership, Bird's manager, Gavin Orr, and lawyer Andrew O'Brien met Gallop yesterday afternoon to state the Australian and NSW representative's case for reinstatement on the eve of the play-offs. They asked why Bird could not play even though he had not been convicted of allegedly glassing girlfriend Katie Milligan last month.
"We asked why there should be special circumstances for a rugby league player," O'Brien told the Herald last night. "We believe Greg deserves the benefit of the doubt. He is innocent until it is proven otherwise."
But Gallop and the Sharks weren't budging last night.
Gallop made it clear to Bird's representatives that the decision to stand down Bird had been made by the club but it had his "full support", and Sharks chief executive Tony Zappia said last night: "Until further information is provided by police the club has no intention to review the decision. The club has not been made aware of what did or did not occur by either Greg or the alleged victim."
Gavin Orr could not be contacted last night, and his brother and partner, Chris, refused to comment. But is understood they won't lobby the Sharks about reinstating their client.
Gallop also held discussions with Sharks coach Ricky Stuart, who told him that the push for his star player's return was not being driven by the club.
"I spoke to Ricky Stuart, and he agrees with the position as it stands as well," Gallop said. "He [Orr] seemed to be under the misapprehension that the decision to stand Greg Bird down was made by the NRL. I advised him it was the Sharks' decision but it had our full support.
"The fact is the various matters are still very much in the hands of police …"
It is understood one of the key reasons the Sharks do not want to play Bird is pressure from major sponsor LG Electronics, which is embarrassed by the adverse publicity the incident has generated.
There is no suggestion the Sharks are behind this last-ditch push to have Bird feature in the finals, starting with tomorrow night's qualifying final against the Raiders at Toyota Stadium.
While Bird watches from the sidelines, other NRL players have been allowed to play despite facing serious police charges.
Warriors winger Michael Crockett has not been banned from playing while he defends himself against sexual assault allegations. And Bird's teammate, Ben Pomeroy, has been allowed to continue playing while defending allegations he assaulted a 24-year-old man at a concert of American band Korn at the Sydney Entertainment Centre in April still before the courts.
"There is no black-and-white rule about these situations," Gallop said. "Clubs have to weigh up the circumstances and in particular look at the extent to which there are facts in dispute."
Bird has not played since being charged with maliciously inflicting grievous bodily harm on Milligan at his Cronulla unit on August 24.
He is due to face court on October 8. He is also due to face court in relation to an incident involving a 20-year-old woman at a Cronulla nightclub in January.

Thats an interesting piece Gunna:-

* Bird's team ran the procedural fairness argument I support and lost. So it was the wrong approach. Can they try a new one?

* Gallop was somewhat vague in his reasons. What exactly does he mean when he talks about facts in dispute?

* The club appears to be acting on the sponsers request. The question to be asked is whether or not people associate LG with an alleged act of violence? I think not, but I am not in marketing.

* The charges are cleared up for us.

* There is a cheap shot in relation to a prior offence. Irrelevent to this argument and cant be raised in court here.

 

[Eion]

Let's worry about all this crap after the finals. I'm a bit disappointed bird's group made the approach at this time - it was never going to get up before the end of the season and can only destabilise the team. Birdy should just sit back with a coldie (plastic cup) and watch it all on tele.

 

[Dave Q]

I think this will be over long before June next year.
Miligan can not be compelled to give evidence unless she first provides a victim statement. All evidence intended to be put forward by the prosecution must be served on the defence at least 14 days prior to hearing (see Evidence Act)
Charges in place are the GBH with a back up of Assault ABH. GBH wont go forward as her injuries dont amount to GBH and it would be nigh impossible to prove without a victim. They may have a crack with the assault ABH but again, how do you prove it without a victim and/or witness.

It may be right that in the end both charges are dropped. There certainly looks to be more involved in this. Interesting to note that when first speaking to police and blaming Bird's mate it was said that the mate had THROWN the glass at her. So was it Bird that threw it, was it an accident, intentional, did something else happen??? In any case it certainly is appearing less likely that he actually glassed her in the face as the media has portrayed him to.

I disagree as to the time unless of course the cops wthdraw.

If the prosection load up the brief with complex material, the defence will apply for the adjournment of the hearing and most likely be successful. Usually in these types of matters, I understand that defence get the brief weeks before the defence are expected to respond.

I am also unsure how you prove the offence without a victim's statement.

I agree that significant doubt exists in relation to how she sustained her injury and there is scope for a deduction of accident or other non-intentional misadventure.

But if this was the case, I wonder why the defence's version of the events havent been given to the police asap.

If everything was in good and legal order as claimed, why hasnt that account been provided?

 

[blacktip-reefy]

Let's worry about all this crap after the finals.

free world mate, worry or dont worry about whatever you like.

 

[blacktip-reefy]

If everything was in good and legal order as claimed, why hasnt that account been provided?

Isn't there a process to get it chucked out at the mention?
if they turn up at the mention with the correct material then it will just get blown out.
If in private negotiations with the prosecutor it is made clear to them they have no case, perhaps they will withdraw. Also, perhaps they are awaiting material from the prior which may be influencing every decision.

 

[STSAE]

There is no reason to read past the part where it says LG.
There is the entire story.

Doesnt it say "it is understood one of the key reasons...", no quote from the club or sponsor????

Youve been hammering everyone who believes a Newspaper "suggestion" but want to use the same thing when it suits your argument????

And im not saying thats not the case, it would appear to have a major bearing on the clubs decision, as it should I guess, they pay the bills after all.

Just you crack me up with your selective use of whats "suggested" by the media.

:lol::lol:

 

[STSAE]

free world mate, worry or dont worry about whatever you like.

GOLD.

SO does that apply to those who have a DIFFERENT opinion to you????

:lol::lol:

 

[Eion]

free world mate, worry or dont worry about whatever you like.

I meant more from the point of view that birdy should be cooling his heels and organising his defense and not worrying about getting back in the side. I can only see that upsetting the team.

 

[Dave Q]

Isn't there a process to get it chucked out at the mention?
if they turn up at the mention with the correct material then it will just get blown out.
If in private negotiations with the prosecutor it is made clear to them they have no case, perhaps they will withdraw. Also, perhaps they are awaiting material from the prior which may be influencing every decision.

The only process to get it thrown out at a mention is if the Cops withdraw. Unless there is a deal, you might be able to get your costs back off the cops.

You cant just turn up with evidence ( however compelling) and throw it at the judge, thats a matter for the proper hearing.

Alternatively, the defence can make representations to the cops where they outline their case in writing, but if you do that, you disclose evidence to the cops who might reject the representations and use your gear against you or in their case preparation.

Alternatively, they simply fail to respond to you and the hearing date creeps up anyway....unless the court adjourns it.

These private negoitations happren and thats often how we get plea-bargains.

So Bird says I wont plead guilty to the mal wound but I'll cop an assault with ammended facts.

If I push you, even lightly and I intend some harm, thats an assault.

And in the local court it can earn you 2 years. Unlikely, but possible.

But it is usually the case that the defence wants to keep its cards close to its chest and reveal as little as possible to the cops before the hearing.

As a defence lawyer, you might get a helpful statement from a witness and just hang onto it. You dont have to disclose that to the prosecution.
Then you subpoena the witness to give that evidence at the hearing.

If they go back on their statement, you can declare them hostile etc.

The prior cant be used in these proceedings at all.

Justice is a strange beast. For example, you can do more gaol time for a manslaughter than an actual murder.

 

[blacktip-reefy]

Doesnt it say "it is understood one of the key reasons...", no quote from the club or sponsor????

Youve been hammering everyone who believes a Newspaper "suggestion" but want to use the same thing when it suits your argument????

And im not saying thats not the case, it would appear to have a major bearing on the clubs decision, as it should I guess, they pay the bills after all.

Just you crack me up with your selective use of whats "suggested" by the media.

:lol::lol:

Hae you gone around the f*cking twist trying to compute what is going on here? Why do you bother?
FTR, I don't give a f**k what is written in the media. I am telling somebody not to read past a certain name because I know that is 100% of the problem. It has been all along & was also a major factor in the Latu decision.

 

[STSAE]

Hae you gone around the f*cking twist trying to compute what is going on here? Why do you bother?
FTR, I don't give a f**k what is written in the media. I am telling somebody not to read past a certain name because I know that is 100% of the problem. It has been all along & was also a major factor in the Latu decision.

Ive driven you around the f**king twist, that I do know.:lol:

Where has this been reported as a FACT?? A link maybe???? If its 100% you should provide some proof shouldnt you???


Ive already stated I agree it would be at least PART of the problem.

I still maintain in my OPINION Turds bought this on himself cos of past "indiscresions". And in my OPINION the club has probably had enough of him putting himself in these situations.

No one gets sacked/suspended for a one off. The club must be pretty pissed off at the clown, whether he did ANYTHING or not, and naturally their Major Sponsor would be a MAJOR consideration in the whole sordid mess.

I gather next you will shift the blame to LG????

Nah I compute reefermadness. And I wont compute what you want me to compute. You compute now???:lol:

:lol::lol:

 

[Frenzy.]

I meant more from the point of view that birdy should be cooling his heels and organising his defense and not worrying about getting back in the side. I can only see that upsetting the team.

I agree. I think what Bird and his "team" have done is selfish, potentially de-stabilising and irresponsible. We always knew this one had an ego and a half on him though.

 

[Surely]

I agree. I think what Bird and his "team" have done is selfish, potentially de-stabilising and irresponsible. We always knew this one had an ego and a half on him though.

Hardly and the precedent has been set, other players with serious sexual assault charges yet to be heard are allowed to play on.

Why one rule for some and another for Bird ?

 

[Frenzy.]

Hardly and the precedent has been set, other players with serious sexual assault charges yet to be heard are allowed to play on.

Why one rule for some and another for Bird ?

Because we only make those judgements based on the surface info. We don't know what's really going on. There's more going on that hasn't been released in the media with this one. You can bet on it.

 

[spider]

http://www.news.com.au/dailytelegraph/sport/nrl/story/0,26799,24341423-5012659,00.html

GREG Bird returned to Shark Park for the first time last night since being suspended by the club for allegedly glassing his girlfriend, Katie Milligan, three weeks ago.

The Test and Origin five-eighth was a guest of Tynam Motors and did his best to keep a low profile in a private box at the back of the new southern grandstand. Your columnists spotted Bird in the car park as he walked into the ground alongside his manager Gavin Orr.

Not wanting to be spotted, Bird and Orr moved quickly for the lift before settling back to enjoy the game.

Cronulla chief executive Tony Zappia made it clear the club did not supply the tickets. Bird and Orr were last week denied a request to reinstate the star player for the NRL finals series.

 

[Frenzy.]

Not wanting to be spotted my arrse.

 

[warren]

i wondered what happened to this thread?!

welllll i spoke to birdy last night

he was sitting right behind me at the game. wasnt really reacting much, just drinking his coronas and chowing down on the free food. so i thought i would find out the truth for all of us.... i said 'birdie can i ask you one question, and it wont be what you think ill be asking'. i got the nod so i went for it and asked ' how on earth does simmons make the team each week?'

he laughed

so there you have it, even bird thinks he's a joke

 

[Mr Angry]

:lol:

Quality.

 

[Special K]

i wondered what happened to this thread?!

welllll i spoke to birdy last night

he was sitting right behind me at the game. wasnt really reacting much, just drinking his coronas and chowing down on the free food. so i thought i would find out the truth for all of us.... i said 'birdie can i ask you one question, and it wont be what you think ill be asking'. i got the nod so i went for it and asked ' how on earth does simmons make the team each week?'

he laughed

so there you have it, even bird thinks he's a joke

:lol: warren with the zing zing!!

and if these players in the brisbane night club thing are from a team in the finals - NO WAY IN HELL should they be allowed to play..

 

[spider]

i wondered what happened to this thread?!

welllll i spoke to birdy last night

he was sitting right behind me at the game. wasnt really reacting much, just drinking his coronas and chowing down on the free food. so i thought i would find out the truth for all of us.... i said 'birdie can i ask you one question, and it wont be what you think ill be asking'. i got the nod so i went for it and asked ' how on earth does simmons make the team each week?'

he laughed

so there you have it, even bird thinks he's a joke

that is a massive un-truth to say the least warren

how do you sleep at night

he was drinking blondes - not corona's